Sales Pursuant to Rule 144. Each of the parties hereto acknowledges that the registration benefits provided in this Agreement will not effect the ability of the Holders to sell Registrable Securities pursuant to Rule 144 rather than pursuant to the Shelf Registration Statement.
Sales Pursuant to Rule 144. Upon written request, FRI shall deliver to any Holder a written statement as to whether it has complied with all rules and regulations of the Commission applicable in connection with the use of Rule 144 (or any successor thereto), including the timely filing of all reports required to be filed by FRI with the Commission. Upon receipt of an opinion of counsel satisfactory to FRI, FRI shall cause any restrictive legends to be removed and any transfer restrictions to be rescinded with respect to any sale of Registrable Shares which is exempt from registration under the Securities Act pursuant to Rule 144.
Sales Pursuant to Rule 144. Upon written request, the Company shall deliver to any Holder a written statement as to whether it has complied with all rules and regulations of the Commission applicable in connection with use of Rule 144 (or any successor thereto), including the timely filing of all reports required to be filed by the Company with the Commission. The Company shall cause any restrictive legends to be removed and any transfer restrictions to be rescinded with respect to any sale of Registrable Securities which is exempt from registration under the Securities Act pursuant to Rule 144.
Sales Pursuant to Rule 144. With a view to making available to Xxxxx the benefits of Rule 144 promulgated under the Securities Act and any other rule or regulation of the SEC that may at any time permit him to sell securities of the Company to the public without registration, the Company agrees to use its best efforts to:
Sales Pursuant to Rule 144. Until such time as the Investor has purchased the total Commitment Amount, in the event that for any reason, any Common Stock held by the Investor pursuant to this Agreement is not registered or freely tradable and may only be sold pursuant to Rule 144 or Rule 144(k), the Investor, in its sole discretion, may terminate its obligations under this Agreement to acquire the Commitment Amount as of the date such shares are no longer liquid.
Sales Pursuant to Rule 144. MART shall have no obligations to register any Common Shares hereunder to the extent that, in the opinion of counsel to MART, such Common Shares may be sold in a three-month period without registration under the Securities Act pursuant to Rule 144 under the Securities Act.
Sales Pursuant to Rule 144. 6.1. Restrictions on Sale. PTF agrees that until February 14, 2008, PTF and its affiliates shall not make any Net Sales (as defined below) of Common Stock held by it on any single day during such period, a number of shares of Common Stock in excess of 30% of the five day daily trading volume of the Common Stock (as reported by Bloomberg Financial Markets (or any successor thereto)) on each day immediately preceding such sale. "
Sales Pursuant to Rule 144. Notwithstanding anything in this Agreement to the contrary, the notice requirements and restrictions described in Section 4.1 shall not apply to sales made pursuant to Rule 144 of the Securities Act.
Sales Pursuant to Rule 144. (a) Following expiration of the applicable contractual lock-up agreements that the Shareholders entered into with the IPO underwriters relating to the Pre-IPO Shares, upon request by a Shareholder, the Company shall use commercially reasonable efforts to cause its counsel to deliver required legal opinions, certificates and other instruments to the Company’s transfer agent to remove restrictive legends from the applicable Shares that are restricted securities upon sale or otherwise held for longer than six months following the acquisition date thereof in order to facilitate sales of the Shares pursuant to Rule 144.
