Common use of Securities Act, etc Clause in Contracts

Securities Act, etc. Neither Acorn, nor its respective officers, ------------------- directors, or controlling persons (a) have been convicted within the ten years preceding the date of this Agreement of any felony or misdemeanor of the types described in Rule 262 (b)(1) under the Securities Act, (b) are subject to an order, judgment or decree of the types described in Rule 262(b)(2) under the Securities Act, (c) are subject to an order of the SEC of the types described in Rule 262(b)(3) under the Securities Act, (d) have been suspended or expelled from, or suspended or barred from association with a member of, a national securities exchange or as described in Rule 262(b)(4) under the Securities Act or (e) are subject to an order or injunction as described in Rule 262(b)(5) under the Securities Act.

Securities Act, etc. Neither AcornCIVCO, nor its respective officers, ------------------- -------------------- directors, or controlling persons (a) have been convicted within the ten years preceding the date of this Agreement of any felony or misdemeanor of the types described in Rule 262 (b)(1) under the Securities Act, (b) are subject to an order, judgment or decree of the types described in Rule 262(b)(2) under the Securities Act, (c) are subject to an order of the SEC of the types described in Rule 262(b)(3) under the Securities Act, (d) have been suspended or expelled from, or suspended or barred from association with a member of, a national securities exchange or as described in Rule 262(b)(4) under the Securities Act or (e) are subject to an order or injunction as described in Rule 262(b)(5) under the Securities Act.