Representations Regarding Shares. Any representation made by Service Provider regarding any Shares or Scudder Fund shall be in its capacity as agent to the Plans and nxx xx xts capacity as Service Provider. Service Provider shall make no representation in any capacity regarding any Shares or Scudder Fund except as set forth in such Scudder Fund's current xxxxxxctus or current sales literature xxxxxshed by such Scudder Fund or by the Transfer Agent.
Representations Regarding Shares. Any representation made by Service Provider regarding any Fund shall be in its capacity as agent for its Customer and not in its capacity as agent of the Funds. Service Provider shall make no representation in any capacity regarding any Fund except as set forth in such Fund's current prospectus or current sales literature furnished by such Fund, by KDI, or by the Transfer Agent.
Representations Regarding Shares. Any representation made by VALIC regarding any Shares of a Fund shall be in its capacity as agent for the Contracts and not in its capacity as agent of the Trust or any of the Funds. Furthermore, any representation made by the VALIC regarding any Shares of a Fund shall be in its capacity as agent for the trustee or custodian of a Contract, or as agent of a Contract owner or participant. VALIC shall not make any representation in any capacity regarding any Shares of a Fund that is not set forth in the Trust's current prospectus, statement of additional information or current sales literature as furnished by the Trust or its agent. To the extent that VALIC shall create sales literature identifying the Trust or a Fund, all such sales literature shall be submitted for approval to the Trust within ten (10) days in advance of the earlier of (i) its intended use or (ii) its filing with the National Association of Securities Dealers, Inc. ("NASD"). VALIC shall be responsible for the expense and filing of any sales literature that it, with the approval of the Trust, creates.
Representations Regarding Shares. Any representation made by the Service Provider regarding any Shares of a Fund shall be in its capacity as agent for the Plans and not in its capacity as agent of the Trust or any of the Funds. Similarly, any representation made by the Dealer regarding any Shares of a Fund shall be in its capacity as agent for the trustee and/or custodian of a Plan or as agent of a Participant. Neither the Service Provider nor the Dealer shall make any representation in any capacity regarding any Shares of a Fund that is not set forth in the Trust's current prospectus, statement of additional information or current sales literature as furnished by the Trust or its agent. To the extent that the Service Provider or the Dealer shall create sales literature identifying the Trust or the Funds, all such sales literature shall be submitted for approval to the Trust within ten (10) days in advance of the earlier of (a) its intended use or (b) its filing
Representations Regarding Shares. The Chargor represents and warrants to the Chargee that:
(i) it is the sole legal and beneficial owner of the Shares;
(ii) such Shares are free from all Liens, options and other third party rights (except as created by this Deed);
(iii) such Shares are fully paid;
(iv) the Shares referred to in Schedule 1 constitute sixty-five per cent (65%) of all of the authorised and issued share capital of the Company as at the date of this Deed; and
(v) the constitutional documents of the Company do not restrict or otherwise limit the Chargor’s right to transfer or charge the Charged Assets.
Representations Regarding Shares. As inducement to Parent and Acquisition Sub to enter into this Agreement and to consummate the transactions contemplated herein, the Shareholders hereby represent and warrant, as of the date of this Agreement and as of the Closing Date, to the Parent and Acquisition Sub as follows with respect to themselves and the Shares indicated on SCHEDULE 4.03 as being owned by them:
Representations Regarding Shares. As inducement to Buyer to enter into this Agreement and to consummate the transactions contemplated herein, the Shareholder hereby represents and warrants, as of the date of this Agreement and as of the Closing Date, to Buyer as follows with respect to himself and the Shares indicated on EXHIBIT B as being owned by him:
Representations Regarding Shares. Any representation made by Plan Agent regarding any Shares or Xxxxxxx Fund shall be in its capacity as Plan Agent and not in its capacity as Service Provider. Plan Agent shall make no representation in any capacity regarding any Shares or Xxxxxxx Fund except as set forth in such Xxxxxxx Fund's current prospectus or current sales literature furnished by such Xxxxxxx Fund or by the Transfer Agent.
Representations Regarding Shares. The Collateral Shares are, and the Management Option Shares upon payment of the remaining exercise price therefor will be, validly issued, fully paid and nonassessable shares of DBC Common Stock. Subject to payment of the remaining purchase price therefor, Wellgate will have, and upon transfer of the Management Option Shares to Dominion Park, Dominion Park will have, good and marketable title to the Management Option Shares, free and clear of any liens, claims or encumbrances whatsoever, other than those created by the Security Agreement. The undersigned have, and upon transfer of the Collateral Shares to Wellgate, Wellgate will have, good and marketable title to the Collateral Shares, free and clear of any liens, claims or encumbrances whatsoever, other than the pledge of the Collateral Shares to Dominion Park to secure the Guaranty.
Representations Regarding Shares. The Exchangeable Shares and the NetGateway Shares will be acquired for investment for each Selling Stockholder's own account, not as a nominee or agent, and not with a view to the resale or distribution of any part thereof, and each Selling Stockholder has no present intention of selling, granting any participation in, or otherwise distributing the same. By executing this Agreement, each Selling Stockholders further represent that such Selling Stockholder has no Contract, undertaking, agreement or arrangement with any person to sell, transfer or grant participation to such person or to any third person, with respect to any of such Shares.
