Stock Acquisitions. If any Partner acquires, or proposes to acquire, any interest in Coal Property through the acquisition of stock in a company in which such interest and related assets represent less than 50 percent of the fair market value of all assets of such company, such acquisition or proposed acquisition shall be subject to this Article XIII only if reasonably practicable and if such interest and related assets can reasonably be offered to a Partner and held in partnership subject to this Agreement.
Stock Acquisitions. Until the termination of this Agreement, Shareholder shall not acquire beneficial or record ownership of any Equity Securities of ZMP whether acquired of record or beneficially by Shareholder in any capacity, whether upon exercise of options, conversion of convertible securities, purchase, exchange or otherwise, unless such shares are expressly included within the meaning of "Subject Shares.".
Stock Acquisitions. Borrower shall not acquire in any fiscal year treasury stock with a value exceeding $250,000 in the aggregate, exclusive of Employee Stock Option Plan transactions that the Borrower is, as of the date hereof, contractually obligated to complete.
Stock Acquisitions. Southwest shall have redeemed all of the outstanding shares of stock in it held pursuant to those certain Restricted Stock Agreements between Southwest and the various persons listed on EXHIBIT 6.19 and such persons shall have executed full and unconditional releases acquitting Corporation, Buyer, its officers, directors, shareholders, agents, affiliates, successors and assigns from any liability whatsoever relative to the transactions contemplated hereby or otherwise.
Stock Acquisitions. Without the prior written consent of the Bank, which consent shall not be unreasonably withheld or delayed, the Company shall not agree to or otherwise permit the acquisition (other than by the Guarantor) by any person or group of persons (within the meaning of Section 13 or 14 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), but exclusive of the holdings of any person who is a director of the Company on the date of this Agreement and exclusive of the holdings of any person or group of persons which has reported or may report on Schedule 13G under the Exchange Act and has not ceased to be eligible to report on Schedule 13G pursuant to Rule 13d-1 of the Exchange Act) of beneficial ownership (within the meaning of Rule 13d-3 promulgated by the Securities and Exchange Commission under the Exchange Act) of more than fifty percent (50%) or more of the outstanding Equity Securities of the Company entitled to vote for members of the board of directors. The Company shall endeavor to provide the Bank with as much advance notice as reasonably possible of any acquisition of Equity Securities which requires the prior written consent of the Bank under this Section 6.14.
Stock Acquisitions. Redeem or acquire any stock or warrants.
Stock Acquisitions. Simultaneously with the execution of this Agreement, each of the TreeHouse Investors is entering into a stock subscription agreement with the Company (collectively, the “Subscription Agreements”) to purchase shares of common stock, par value $.01 per share, of the Company (“Common Stock”) having a value of $10.0 million in the aggregate for all TreeHouse Investors. The purchase price per share for such Common Stock shall be set forth in the Subscription Agreements. Such purchase price has been determined based on the value of the Company taking into account the contributions of assets to be made by Dxxx as set forth in Section 3 below (but such purchase price and value are subject to adjustment as provided in Section 4.3(b)). As a condition to the closing of the purchase contemplated by the Subscription Agreements, each such TreeHouse Investor must become a party to this Agreement. Except as provided for in the Subscription Agreements, and as may occur pursuant to a stock dividend, stock split, recapitalization or other similar corporate transaction affected on a pro-rata basis so that the percentage of the Common Stock held by each stockholder immediately prior thereto is not affected, the Company shall issue no additional shares of Common Stock prior to the earlier to occur of (i) the date the registration statement or statements relating to the Spin-Off shall have become effective and trading of Common Stock on a registered national securities exchange or automated quotation system (including, but not limited to, NASDAQ) shall have commenced (such date, the “Registration Date”) and (ii) the date that no TreeHouse Investor holds any shares of Common Stock by reason of the exercise of the rights set forth in either Section 7 or Section 8.
Stock Acquisitions. If the Employee’s Prior Employer became a member of the Controlled Group through a stock acquisition, the Company shall credit the Employee’s service with the Prior Employer, even if all or part of such employment occurred before the Prior Employer became a member of the Controlled Group.
Stock Acquisitions. Simultaneously with the execution of this Agreement, each of the TreeHouse Investors is entering into a stock subscription agreement with the Company (collectively, the "SUBSCRIPTION AGREEMENTS") to purchase shares of common stock, par value $.01 per share, of the Company ("COMMON STOCK") having a value of $10.0 million in the aggregate for all TreeHouse Investors. The purchase price per share for such Common Stock shall be set forth in the Subscription Agreements. Such purchase price has been determined based on the value of the Company taking into account the contributions of assets to be made by Xxxx as set forth in Section 3 below (but such purchase price and value are subject to adjustment as provided in Section 4.3(b)). As a condition to the closing of the purchase contemplated by the Subscription Agreements, each such TreeHouse Investor must become a party to this Agreement. Except as provided for in the Subscription Agreements, and as may occur pursuant to a stock dividend, stock split, recapitalization or other similar corporate transaction affected on a pro-rata basis so that the percentage of the Common Stock held by each stockholder immediately prior thereto is not affected, the Company shall issue no additional shares of Common Stock prior to the earlier to occur of (i) the date the registration statement or statements relating to the Spin-Off shall have become effective and trading of Common Stock on a registered national securities exchange or automated quotation system (including, but not limited to, NASDAQ) shall have commenced (such date, the "REGISTRATION DATE") and (ii) the date that no TreeHouse Investor holds any shares of Common Stock by reason of the exercise of the rights set forth in either Section 7 or Section 8.
Stock Acquisitions
