Sale of Company Stock. The Executive acknowledges and agrees that he shall not sell or otherwise dispose of any shares of Company stock acquired pursuant to the exercise of a stock option, other than shares sold in order to pay an option exercise price or the related tax withholding obligation, until 90 days after the Date of Termination. Notwithstanding the foregoing, Cinergy, in its sole discretion, may waive the restrictions contained in the previous sentence.
Sale of Company Stock. 1 1.02 Purchase Price and Method of Payment..........................2
Sale of Company Stock. Upon the terms and subject to the conditions of this Agreement, at the Closing (as that term is defined in Section 2.01 hereof), the Stockholders agree to sell, assign, transfer, convey and deliver to Purchaser, and Purchaser agrees to purchase and acquire, approximately Seventy-Five and Twenty-Six/100 percent (75.26%) of the issued and outstanding common stock of Lahaina, no par value, and represented by Seven Hundred and Fifty Thousand (750,000) shares of Lahaina Common Stock from Xxxxxx X. Xxxxx (selling 366,667 shares), Xxxx X. Xxx (selling 366,667 shares), and Xxxxxxx X. Xxx Xxxxx (selling 16,666 shares) (the "LAHAINA STOCK").
Sale of Company Stock. The Seller hereby sells, assigns, transfers, conveys and delivers to Buyer, free and clear of all mortgages, liens, pledges, security interests, charges, claims, options, warrants, contracts, commitments, demands, restrictions and encumbrances of any kind or nature whatsoever, except to the extent imposed by applicable securities laws (“Liens”), effective at the closing of the transactions contemplated by this Purchase Agreement (the “Closing”, and the date of such Closing, the “Closing Date”), the Company Stock. Buyer hereby accepts delivery of such Company Stock and hereby purchases such Company Stock from the Seller at the Closing.
Sale of Company Stock. During the one-year period following the Effective Date, Executive agrees that he shall sell the shares of Company common stock now owned by him only in accordance with the provisions of Rule 144 under the Securities Act of 1933, as amended (the "Securities Act"), regardless of whether any such shares are or will become registered under the Securities Act or whether another exemption from the registration requirements of the Securities Act is available; provided, however, that Executive shall not be required to file any notices required under Rule 144, unless otherwise required to do so by law. From time to time, at Company's request, Executive will furnish to Company reasonable assurance that he has complied with Rule 144 (other than the Rule's notice requirements). Provided that Executive has complied with the provisions of this Section 5, Company will reasonably cooperate in effecting any such transfers made by Executive under this Section.
Sale of Company Stock. 4 ARTICLE 4 - Powers of the Trustee
Sale of Company Stock. The Trustee is not authorized to sell shares of Company Stock allocated to a Participant's Accounts prior to a Liquidation Event, except (a) as provided in Section 5.4, (b) for purchases and sales of shares of Company Stock between the Accounts of electing Participants, to the extent the Committee establishes a mechanism permitting such purchase and sale transactions and (c) to the extent the Trustee determines that Company Stock is no longer a prudent investment for the Plan. If a Liquidation Event occurs with respect to a Participant and the Participant elects to have his interest in the Company Stock Fund distributed in cash, the Trustee shall, upon notice from the Committee of the Participant's election, sell to the Company or the Affiliated Company, and the Company or an Affiliated Company shall purchase from the Trustee, the shares of Company Stock allocated to the Participant's Accounts as of the Repurchase Date. The Company or Affiliated Company shall purchase such shares of Company Stock for cash at a price per share equal to the fair market value of the Company Stock as of the Repurchase Date as determined in good faith by the Trustee based upon an appraisal provided at least annually by an independent appraiser selected by the Trustee. No commission shall be charged with respect to such purchase and sale.
Sale of Company Stock. The Company shall use commercially reasonable efforts to cooperate with Executive in connection with the sale of Company stock pursuant to Rule 144 under the Securities Act of 1933, as amended. The Company shall provide legal opinions, without cost to Executive, in connection herewith.
Sale of Company Stock. (a) Other than as set forth in this Paragraph 5, for a period of twenty-four (24) months from the Separation Date (the “Restriction Period”), Executive will not, directly or indirectly:
Sale of Company Stock. On and subject to the terms and conditions of --------------------- this Agreement, STOCKHOLDERS will sell, assign and transfer to HDS on the Closing Date the COMPANY Stock, free and clear of any liens or encumbrances or of any rights or claims of others, and HDS will purchase the COMPANY Stock and will pay as consideration therefore the purchase price in accordance with the terms of this Agreement and on the dates as provided in this Section 1.
