Stock Sales. Immediately following your resignation, DoubleClick will, to the extent necessary, file to remove you as a Section 16 reporting officer. You acknowledge that you are familiar with the trading and reporting requirements applicable to a former Section 16 reporting officer. Until the Termination Date, you agree to continue to abide by DoubleClick's xxxxxxx xxxxxxx policies, for which purposes you shall remain a "Listed Employee." Following the Termination Date until 2 January 2003, you agree to notify DoubleClick in advance of any planned stock sales, although it is acknowledged that you will no longer be subject to DoubleClick's xxxxxxx xxxxxxx policies following the Termination Date.
Stock Sales. Xxxxxxx agrees that when he is permitted to sell pursuant to Rule 144, on the one year anniversary of this Agreement, that he will sell no more than one twelfth (1/12th) of his total holdings in any one (1) month and additionally, that he will not at anytime sell shares representing more than five percent (5%) of the daily trading volume in any one day unless agreed to in writing by the PURCHASER'S board of directors. Further, Xxxxxxx may not transfer, pledge, hypothecate or loan his shares at any time nor under any circumstances unless agreed to in writing by the Purchaser's board of directors.
Stock Sales. You acknowledge that you are familiar with the trading and reporting requirements applicable to a former Section 16 reporting officer, and that it is your responsibility to ensure that all applicable filings are made as required under the federal securities laws. DoubleClick will assist you with those filings through the Termination Date provided that you notify our Legal Department not later than the day of the trade. Until February 15, 2005, you agree to continue to abide by DoubleClick’s ixxxxxx xxxxxxx policies, including all applicable blackout periods, for which purposes you shall remain a “Listed Employee.”
Stock Sales. (a) The Company will take such steps as may be reasonably necessary to permit you to sell at your election, and subject to applicable law, any shares of Company common stock that you currently own, including without limitation, (i) maintaining the effectiveness of its registration statement on Form S-8 (SEC File No. 333-174125), and the related “re-offer” prospectus, with respect to certain outstanding options and shares of Company common stock received as compensation by you, (ii) maintaining the effectiveness of its registration statement on Form S-3 (SEC File No. 333-185484) and (iii) promptly filing (within 30 days of your written request) and using commercially reasonable efforts to have declared effective as soon as practicable not more than two (2) additional registration statements, if required in the opinion of your counsel, to enable you to sell any shares not covered under the foregoing registration statements. Subject to applicable law, the Company agrees to remove all “restrictive” legends from certificates representing shares of Company common stock owned by you.
(b) Subject to applicable law, the Company also agrees to enter into not more than three (3) customary underwriting agreements to facilitate the sale of your shares of Company common stock with an underwriter selected by you, but reasonably acceptable to the Company, which underwriting agreement may include customary and standard representations and warranties, closing conditions and deliverables (addressed to the underwriters and to you), indemnification and contribution provisions, and related matters); provided that no one agreement is for the sale of less than 1,500,000 shares. The Company shall bear all costs and expenses of the foregoing, including reasonable fees and expenses of your counsel not to exceed $15,000 in the aggregate, except that any underwriters’ fees and commissions in respect of such agreement shall be borne by you.
(c) Notwithstanding the provisions of subparagraphs (a) and (b) above, in the event that the Board of Directors of the Company determines in good faith, after consulting with counsel, that (i) certain events or circumstances must be disclosed in order for a registration statement not to be materially misleading, and (ii) disclosure of such events or circumstances would be against the best interests of the Company’s stockholders at that time, the Company may advise you that its entry into an underwriting agreement or sales otherwise proposed to be ma...
Stock Sales. Hxxxxxx agrees that he will abide by the restrictions that apply to an insider under SEC Rule 144 in any sale of Company stock.
Stock Sales. You acknowledge that you are familiar with the trading and reporting requirements applicable to a former Section 16 reporting officer, and that it is your responsibility to ensure that all applicable filings are made as required under the federal securities laws. DoubleClick will assist you with those filings through the Termination Date provided that you notify our Legal Department not later than the day of the trade. Until February 2, 2004, you agree to continue to abide by DoubleClick’s ixxxxxx xxxxxxx policies, including all applicable blackout periods, for which purposes you shall remain a “Listed Employee.” Stock Options. This agreement confirms that all stock options granted to you by DoubleClick prior to the date of this letter will continue to vest according to their respective terms through and including the December 31, 2003. Release of Claims. You, on your own behalf and on behalf of any spouse, heirs, legal representatives, successors-in-interest, and assigns, waive, release, and discharge DoubleClick Inc., its present and former subsidiaries, divisions, departments, affiliated entities, predecessors, partners, joint venturers, directors, officers, shareholders, agents, employees, successors, and assigns from any and all claims, rights, demands, debts, obligations, damages or accountings of whatever nature which you may have, may have had, or, in the future, may believe you had, against DoubleClick occurring prior to the date of your signing this agreement, whether known or unknown, asserted or unasserted, including but not limited to: (a) all claims and liability for any acts that violated or may have violated your rights under any contract, tort, or other common law, any federal, state, or local fair employment practices or civil rights law or regulation, any employee relations statute, executive order, law, regulation, or ordinance, any workers compensation law, or any other duty or obligation of any kind, including but not limited to rights created by 42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964 (“Title VII”), the Age Discrimination in Employment Act (“ADEA”), the Americans with Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), the Sxxxxxxx-Xxxxx Act of 2002, 18 U.S.C. § 1514A, and all other federal, state, and local laws prohibiting employment discrimination of whatever kind or nature; (b) all liability for any claims whatsoever which were or may have been alleged against or imputed to DoubleClick by you ...
Stock Sales. Consultant shall not, directly or indirectly (including through short sales, derivative or other synthetic transactions), on any given day sell or otherwise dispose of shares of Company Common Stock in an amount that exceeds ten percent (10%) of the thirty (30) day average daily volume of trading in the Company’s Common Stock, as such average daily volume is reported by a nationally recognized source.
Stock Sales. You shall not, directly or indirectly (including through short sales, derivative or other synthetic transactions), on any given day sell or otherwise dispose of shares of Company Common Stock in an amount that exceeds ten percent (10%) of the thirty (30) day average daily volume of trading in the Company’s Common Stock, as such average daily volume is reported by a nationally recognized source.
Stock Sales. Should the Borrower sell any Common Stock of the Parent Company which the Borrower either directly owns, or beneficially owns through an entity and cash is distributed to the Borrower, from time to time, including any stock issued as a result of warrant or option exercise by the Borrower, the Borrower must, within five (5) business days of receipt of funds from such sale, pay to the Company sixty percent (60%) of any proceeds first toward the payment of the accrued interest, if any, and second any outstanding principal balance of this Loan. The Borrower further agrees to immediately give notice to the Company of any such sales of Common Stock.
Stock Sales. 26 ARTICLE 7 Indemnification................................................. 26 7.1 Seller's Obligation to Indemnify................................ 26 7.2 Buyer's Obligation to Indemnify................................. 27
