Stock Exchange Agreement. Borrowers' shareholders have completed and closed all matters with respect to a stock exchange agreement with Smart Choice Automotive Holdings, Inc. ("Holdings"), wherein all of the ownership of Borrower is held by Holdings, in a form and substance satisfactory to Lender.
Stock Exchange Agreement. Musicmaker and Tunes shall enter into an agreement embodying the terms detailed below (the "Stock Exchange Agreement").
Stock Exchange Agreement. Parent has provided Company with a true and complete copy of the Stock Exchange Agreement, a copy of which is attached hereto as Exhibit B. Parent agrees that it will not amend or waive any provision of the Stock Exchange Agreement without the prior written consent of Company. Parent agrees that it will not issue consideration per share to the Voting Shareholders under the Stock Exchange Agreement that (i) is greater than the blended value of the Merger Consideration or (ii) consists of more than 86% in cash.
Stock Exchange Agreement. That certain Stock Exchange Agreement of even date herewith entered into by and between Michael G. Todd, Prescott Invxxxxxxx, X.X., Kex Xxxxxxdson, and Howard Blxxx.
Stock Exchange Agreement. That certain Stock Exchange Agreement of even date herewith entered into by and between Mxxxxxx X. Xxxx, Pxxxxxxx Investment, L.P., Kxx Xxxxxxxxxx, and Hxxxxx Xxxxx.
Stock Exchange Agreement. Each of the agreements listed in this Schedule 1(d) shall have the meanings assigned to such term in the Credit Agreement. (Credit Agreement) 308 EXHIBIT XVI [FORM OF COMPANY TRADEMARK SECURITY AGREEMENT] TRADEMARK COLLATERAL SECURITY AGREEMENT AND CONDITIONAL ASSIGNMENT This TRADEMARK COLLATERAL SECURITY AGREEMENT AND CONDITIONAL ASSIGNMENT (this "AGREEMENT") is dated as of November 1, 1996 and entered into by and between DOMINICK'S FINER FOODS, INC., a Delaware corporation ("GRANTOR"), and BANKERS TRUST COMPANY, as agent for and representative of (in such capacity herein called "SECURED PARTY") the financial institutions ("LENDERS") party to the Credit Agreement referred to below and the Interest Rate Exchangers (as hereinafter defined).
Stock Exchange Agreement. The Company is entering into the Exchange Agreement with China Agro and the shareholder of China Agro concurrent with the transactions underlying this Agreement. The parties acknowledge and agree that the Exchange Agreement and the subsidiary sale contemplated by this Agreement are intended to close concurrently and subject to the other, with the understanding that this Agreement shall be deemed to have closed first in time to be followed immediately by the share exchange contemplated by the Exchange Agreement.
Stock Exchange Agreement. All of the Selling Parties' rights under the Stock Exchange Agreement dated as of March 17, 1998, by and among Seller, Seller's former shareholders and DCTI (formerly DataMark Holdings, Inc.) (the "Stock Exchange Agreement"), including, without limitation, all obligations of the Significant Sellers (as defined in the Stock Exchange Agreement) under Section 9 of the Stock Exchange Agreement;
Stock Exchange Agreement. The Selling Parties shall, at the request of and at the expense of Buyer, enforce subsequent to Closing all of the Selling Parties' rights under the Stock Exchange Agreement, including, without limitation, all noncompetition obligations of the significant Sellers (as defined in the Stock Exchange Agreement), and/or shall permit Buyer to maintain an action to enforce such rights in the name of the Selling Parties.
Stock Exchange Agreement. The Cilion Shareholders shall have entered into a Stock Exchange Agreement with AE on such terms as are reasonably acceptable to AE.
