Selling Shareholder Questionnaire. The questionnaire containing certain information regarding such Selling Shareholder and the election form which sets forth the amount of Ordinary Shares such Selling Shareholder has elected to sell in the Offering (the “Questionnaire and Election Form”), completed by such Selling Shareholder and submitted to the Company by facsimile on or before October 13, 2006 does not and as of each applicable Closing Date will not contain any untrue statement of material fact nor does it omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading and such Selling Shareholder’s election to sell the number of Ordinary Shares indicated in the Election Form is valid and binding on such Selling Shareholder.
Selling Shareholder Questionnaire. Each Purchaser agrees to furnish to the Company a completed questionnaire in the form attached to this Agreement as Exhibit C (a “Selling Holder Questionnaire”). The Company shall not be required to include the Registrable Securities of a Purchaser in a Registration Statement and shall not be required to pay any liquidated or other damages hereunder to any such Purchaser who fails to furnish to the Company a fully completed Selling Holder Questionnaire at least three business days prior to the filing of the Registration Statement.
Selling Shareholder Questionnaire. The undersigned beneficial owner of Common Shares (the “Common Shares”) of FNB United Corp. (the “Company”) understands that the Company has filed or intends to file with the Securities and Exchange Commission (the “Commission”) a Registration Statement for the registration and resale of Common Shares that qualifies as Registrable Securities, in accordance with the terms of a Subscription Agreement (the “Subscription Agreement”) between the Company and the Investor(s) named therein. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed thereto in the Subscription Agreement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:
Selling Shareholder Questionnaire. In order for a Holder to receive the rights and benefits contemplated by the Shelf Registration Statement, the Company must have received from the Holder the Holder’s completed shareholder questionnaire in the form of Appendix B attached hereto by no later than the 25th day after the date of the Closing (unless such time period is extended by the Company).
Selling Shareholder Questionnaire. The director and officer questionnaire or selling shareholder questionnaire, as applicable, containing certain information regarding such Selling Shareholder and the election form which sets forth the amount of Ordinary Shares such Selling Shareholder has elected to sell in the Offering (the "QUESTIONNAIRE AND ELECTION FORM"), completed by such Selling Shareholder and submitted to the Company by facsimile on or before July 20, 2007 and by mail on or before July 17, 2007, does not and as of each applicable Closing Date will not contain any untrue statement of material fact nor does it omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading and such Selling Shareholder's election to sell the number of Ordinary Shares indicated in the Election Form is valid and binding on such Selling Shareholder.
Selling Shareholder Questionnaire. Each Investor agrees to furnish to the Company a completed Questionnaire in the form attached to this Agreement as Annex A (a “Selling Shareholder Questionnaire”). The Company shall not be required to include the Registrable Securities of an Investor in a Registration Statement and shall not be required to pay any Registration Delay Payments under Section 2(e) hereof to any Investor who fails to furnish the Company a fully completed Selling Shareholder Questionnaire at least five (5) Trading Days prior to the Filing Deadline or fails to comply with its obligations pursuant to Section 4 hereof.
Selling Shareholder Questionnaire. Notwithstanding paragraphs (a), (b), and (c) above, the Company shall not be required to register any Registrable Securities or be liable for any damages to any particular Purchaser or successor who does not respond fully to the questionnaire as provided to each selling shareholder, including each supplement thereto necessary for the Company to comply with applicable legal requirements and reasonably respond to comments, if any, received by the Commission.
Selling Shareholder Questionnaire. The Seller and each of the Shareholders shall have executed and delivered to the Purchaser a Selling Shareholder Questionnaire in the form provided by the Purchaser.
Selling Shareholder Questionnaire. As a condition precedent to Parent including the Registrable Shares in a resale registration statement, the Lender shall have completed, executed and dated a Selling Shareholder Questionnaire in a form provided by Parent.
Selling Shareholder Questionnaire. Each Purchaser and August 2006 Bridge Investor agrees to furnish to the Company a completed questionnaire in the form attached to this Agreement as Exhibit D (a “Selling Holder Questionnaire”). The Company shall not be required to include the Registrable Securities of a Purchaser or August 2006 Bridge Investor in a Registration Statement and shall not be required to pay any liquidated or other damages hereunder to any such Purchaser or August 2006 Bridge Investor who fails to furnish to the Company a fully completed Selling Holder Questionnaire at least three business days prior to the filing of the Registration Statement.
