Common use of Resale of Certain Securities Clause in Contracts

Resale of Certain Securities. During the period beginning on the date of issuance of any Additional Securities that are Restricted Securities and ending on the date that is one year thereafter, the Company shall not, and shall not permit any of its “affiliates” (as defined under Rule 144 under the Securities Act or any successor provision thereto) to, resell any Securities which constitute “restricted securities” under Rule 144 that have been reacquired by any of them. The Trustee shall have no responsibility in respect of the Company’s performance of its agreement in the preceding sentence.

Appears in 4 contracts

Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), Indenture (Evergreen Solar Inc)

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Resale of Certain Securities. During the period beginning on the issue date of issuance of any Additional Securities that are Restricted Securities and ending on the date that is one year thereafter, the Company shall not, and shall not permit any of its “affiliates” (as defined under Rule 144 under the Securities Act or any successor provision thereto) to, resell any Securities which constitute “restricted securities” under Rule 144 that have been reacquired by any of them. The Trustee shall have no responsibility in respect of the Company’s performance of its agreement in the preceding sentence.

Appears in 2 contracts

Samples: First Supplemental Indenture (Evergreen Solar Inc), Indenture (Evergreen Solar Inc)

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Resale of Certain Securities. During the period beginning on the date of issuance of any Additional Securities that are Restricted the Securities and ending on the date that is one year two years thereafter, the Company shall not, and shall not permit any of its “affiliates” "AFFILIATES" within its "control" (each as defined under Rule 144 under the Securities Act or any successor provision thereto) to, resell any Securities which constitute “restricted securities” "RESTRICTED SECURITIES" under Rule 144 that have been reacquired by any of them. The Trustee shall have no responsibility in respect of the Company’s 's performance of its agreement in the preceding sentence.

Appears in 1 contract

Samples: Indenture (Inverness Medical Innovations Inc)

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