Restricted Person. The term “Restricted Person” means an individual who, at the time of the solicitation, is an employee of the Company and (i) who is a top-level employee of the Company, has special skills or knowledge important to the Company, or has skills that are difficult for the Company to replace and (ii) with whom Employee had a working relationship or about whom Employee acquired or possessed specialized knowledge, in each case, in connection with Employee’s employment with the Company and during the one (1) year period immediately prior to the end of Employee’s employment with the Company.
Restricted Person. Franchisee represents and warrants that Franchisee is not, and that none of its Affiliates (including their directors and officers), Interestholders or the funding sources for any of them, is a Restricted Person.
Restricted Person. Neither Contributor nor the Company, nor, to Contributor’s knowledge, any of Contributor’s owners, is a Restricted Person.
Restricted Person. Owner represents and warrants that Owner is not, and that none of its Affiliates (including their directors and officers), Interestholders or the funding sources for any of them, is a Restricted Person.
Restricted Person. 4.1 At Completion, the Purchaser Guarantor will not be a Restricted Person.
4.2 Terms capitalised in Warranty 4, have the following meaning:
Restricted Person. 7.1 At Completion, the Purchaser will not be a Restricted Person.
Restricted Person. The following categories of investors are deemed “Restricted Persons”:
1. A FINRA member firm or other broker-dealer.
2. An officer, director, general partner, Associated Person or Employee of a FINRA Member Firm or any other broker-dealer (other than a Limited Business Broker-Dealer).
3. An agent of a FINRA member firm or any other broker-dealer (other than a Limited Business Broker- Dealer) that is engaged in the investment banking or securities business.
4. A person who has authority to buy or sell securities for a bank, savings and loan association, insurance company, investment company, investment adviser (whether or not registered as an investment adviser) or Collective Investment Account.
5. A person listed, or required to be listed, on one of the following schedules to Form BD as filed, or required to be filed, with the SEC by a broker-dealer (other than with respect to a limited broker-dealer):
(i) Schedule A, unless the person is identified by an ownership code of less than 10%; (ii) Schedule B, unless the person’s listing on Schedule B relates to an ownership interest in a person that is listed on Schedule A and identified by an ownership code of less than 10%; or (iii) Schedule C, unless the person would be excluded under the percentage ownership criteria for Schedule A or B above.
6. A person that directly or indirectly owns an interest, in the amounts specified below, of a public reporting company listed, or required to be listed, on Schedule A or B of Form BD relating to a broker-dealer (other than a Limited Business Broker-Dealer), unless the public reporting company is listed on a national securities exchange or is traded on the Nasdaq National Market: (i) 10% or more of a public reporting company listed, or required to be listed, on Schedule A; or (ii) 25% or more of a public reporting company listed, or required to be listed, on Schedule B.
7. A person acting: (i) as a Finder in connection with any New Issue in which the person is participating or
Restricted Person. Purchaser is not, and will not be, a person with whom Seller is restricted from doing business under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, H.R. 3162, Public Law 107-56 and Executive Order Number 13224 on Terrorism Financing effective September 24, 2001 and the regulations promulgated thereunder and including persons and entities named on the Office of Foreign Asset Control Specially Designated Nations and Blocked Persons List. 1
Restricted Person. 6.1 Where the Purchaser is a Restricted Person as defined in Part VI of The Bermuda Immigration and Protection Act 1956 (as amended) the Purchaser shall with all due diligence and dispatch, within 15 days of execution of this Agreement, cause an application to be made on his behalf to the Minister of Home Affairs for the Licence in Principle allowing him to use the Property for private residential purposes and will use all reasonable endeavours to procure the approval of such application subject to satisfaction of Licence Conditions.
6.2 If the Licence in Principle is not approved by the Condition Date (or within such further period as the Vendor and the Purchaser shall agree in writing) then either the Vendor or the Purchaser shall be at liberty by notice to the other to rescind this Agreement and upon such rescission the Deposit together with all interest accrued thereon, shall be forthwith repaid to the Purchaser and thereafter this Agreement shall be at an end and there shall be no further liability or claim between the Vendor or Purchaser with respect to this Agreement.
6.3 It is hereby acknowledged by the Vendor and the Purchaser that a Final Licence will not be issued until the Licence Conditions are satisfied. The Vendor shall use all reasonable endeavours to ensure that the Property when constructed meets all Licence Conditions and shall supply supporting evidence in respect thereof whereupon the Purchaser shall seek the Final Licence with all due diligence, keep the Vendor full appraised of all developments and promptly pay any licence fee upon notification of the same.
6.4 In the event that the Final Licence is not approved (subject only to payment of the licence fee by the Purchaser, where applicable) within a period of 12 months after the date of the Occupancy Certificate (or such further period as the Vendor and the Purchaser shall agree in writing) other than due to the failure of the Purchaser to diligently seek and procure the same, the Purchaser shall be entitled to rescind this Agreement whereupon clause 4.14.1 shall apply provided always that should refusal be the result of the Purchaser being convicted of an offence in any jurisdiction, any refund shall be limited to the lesser of:
6.4.1 all sums paid by the Purchaser less a sum equating to ten per cent (10%) of the Purchase Price, and the value of any special orders that cannot be cancelled/returned (which shall be forfeited and accrue to the Vendor as agreed liquidated damages); and
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