Security Holders. To the extent Registration Expenses are not required to be paid by the Company, each holder of securities included in any registration hereunder shall pay those Registration Expenses allocable to the registration of such holder’s securities so included, and any Registration Expenses not so allocable shall be borne by all sellers of securities included in such registration in proportion to the aggregate selling price of the securities to be so registered.
Security Holders. Section 3.2(d) of the Company Disclosure Schedule contains a complete and accurate list of the names of all current stockholders of the Company and all current holders of outstanding warrants, options, or other rights ultimately exchangeable, exercisable or convertible for or into capital stock, segregated by the type of security held by each such holder and setting forth the amount of such security held by such holder and, in the case of securities, exchangeable, exercisable or convertible into Common Stock, the amount of Common Stock into which such securities are exchangeable, exercisable or convertible.
Security Holders. To the extent any expenses are not required to be paid by the Company, each holder of securities included in any registration hereunder shall pay those expenses allocable to the registration of such holder’s securities so included in proportion to the aggregate selling price of the securities to be so registered.
Security Holders. Every Person, by virtue of having become a Security Holder in accordance with the terms of this Indenture, or by virtue of having become a holder through the Security Depositary, shall be deemed to have expressly assented and agreed to the terms of, and shall be bound by, this Indenture as a Holder. A transferee of a Stapled Security shall become a Security Holder, and shall be entitled to the rights and benefits hereof, and subject to the obligations of a Security Holder hereunder, including without limitation Section 6.05 (“Control by Majority”) hereof.
Security Holders. Current Shareholders ------------------------------------------------- ----------- ---------------- Number of Number of Class A Common Preferred Shares Shares ------------------------------------------------- ----------- ---------------- Perseus 2000, L.L.C. 902,698 478,587 ------------------------------------------------- ----------- ---------------- El Dorado Investment Company* 463,832 68,336 ------------------------------------------------- ----------- ---------------- Working Opportunity Fund (EVCC) Ltd. 85,602 214,300 ------------------------------------------------- ----------- ---------------- GE Capital Equity Holdings, Inc. 9,641 46,333 ------------------------------------------------- ----------- ---------------- Hydro-Quebec Capitech Inc. 2,974 44,222 ------------------------------------------------- ----------- ---------------- Canadian Science and Technology Growth Fund Inc. 16,379 96,800 ------------------------------------------------- ----------- ---------------- OPG Ventures Inc. 925 36,100 ------------------------------------------------- ----------- ---------------- Western Technology Seed Investment 14,222 ------------------------------------------------- ----------- ---------------- David Burnstein 1,100 ------------------------------------------------- ----------- ---------------- TOTAL: 1,548,718 1,000,000 ------------------------------------------------- ----------- ---------------- Options, Warrants etc. El Dorado is obligated to purchase an additional 66,667 Class A Preferred Shares of the Company for $300,000 pursuant to the terms of the Initial Securities Purchase Agreement, and a waiver granted by the Company on April 21, 2005. The Company is a party to a binding Term Sheet with Perseus 2000, L.L.C. dated April 22, 2005 which provides for the issuance of up to $1.5 million of Class A Preferred Shares. Pursuant to their employment agreements, the senior management of the Company have the right to participate in the Company's option plan. The Investor Rights Agreement contemplates that an option pool of 462,000 Common Shares of the Company would be allocated to the Company's employees, consultants and other eligible individuals. No options have been granted at the date hereof, on the basis that in lieu thereof the employees will receive restricted stock units and stock options of the Purchaser on the basis contemplated in the Arrangement Agreement and Schedule B thereto. If the Arrangement is not completed, it is anticipated tha...
Security Holders. Ninety percent (90%) of the 8x8 Shares (the "CLOSING SHARES") shall be delivered to the Security Holders in such denominations as set forth on Exhibit A hereto.
Security Holders. 7 (b)Financial Statements......................................................7 (c)Undisclosed Liabilities...................................................7 (d)Absence of Changes........................................................7 (e)Litigation and Claims.....................................................8 (f)Due Organization and Qualification........................................8 (g)
Security Holders. The stockholders listed on Exhibit "A" (incorporated herein by reference) are the only owners, of record and beneficially, of all issued and outstanding WAC Common Stock shares.
Security Holders. Notwithstanding any contrary provision hereof, (a) the liability of the Landlord, its Security Holders (defined below), Landlord’s managing agent(s), their (direct or indirect) owners, and the beneficiaries, trustees, officers, directors, employees and agents of each of the foregoing (including Landlord, the “Landlord Parties”) to Tenant shall be limited to an amount equal to Landlord’s interest in the Project; (b) no Landlord Party shall have any personal liability for any judgment or deficiency, and Tenant waives and releases such personal liability on behalf of itself and all parties claiming by, through or under Tenant; and (c) no Landlord Party shall be liable for any injury or damage to, or interference with, Tenant’s business, including loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, or for any form of special or consequential damage. Conditioned upon Tenant’s receipt of a reasonable and customary non-disturbance agreement, this Agreement shall be subject and subordinate to all existing and future ground or underlying leases, mortgages, trust deeds and other encumbrances against the Project, all renewals, extensions, modifications, consolidations and replacements thereof (each, a “Security Agreement”), and all advances made upon the security of such mortgages or trust deeds, unless in each case the holder of such Security Agreement (each, a “Security Holder”) requires in writing that this Agreement be superior thereto. Upon any termination or foreclosure (or any delivery of a deed in lieu of foreclosure) of any Security Agreement, Tenant, upon request, shall attorn, without deduction or set-off, to the Security Holder or purchaser or any successor thereto and shall recognize such party as the “Landlord” hereunder. Within 10 business days after written request by Landlord, Tenant shall execute such further instruments as Landlord may reasonably deem necessary to evidence the subordination or superiority of this Agreement to any Security Agreement. Within 10 business days after Landlord’s written request, Tenant shall execute and deliver to Landlord a commercially reasonable estoppel certificate in favor of such parties as Landlord may reasonably designate, including current and prospective Security Holders and prospective purchasers.
Security Holders. A true and correct list of the record and beneficial owners of all issued and outstanding shares of Common Stock, together with the holders of any options, warrants or any other convertible securities setting forth their names and the number and kind of securities held by each, is set forth in Section 2.4 of the Schedule of Exceptions. There is no proxy, voting trust, agreement, or arrangement among any of the record or beneficial owners of Common Stock or other security of the Company affecting the exercise of voting or transfer rights of such stock. The Company has not entered into any agreement with any security holder that grants such security holder the right to require the Company to register any of the Company's securities under the Securities Act of 1933, as amended (the "Securities Act") or to participate in any such registration.
