Substitution of Shares. In the event the Company enters into a merger transaction, reincorporation transaction, reverse merger transaction with a publicly traded shell company, or similar business combination, any securities issued to the Shareholder in exchange for the Securities in said transaction will be subject to this Agreement.
Substitution of Shares. The Feeder Fund shall refrain from substituting Shares of the Offshore Fund held by the Feeder Fund unless the SEC has approved such substitution in accordance with Section 26 of the 1940 Act.
Substitution of Shares. After any merger of one or more corporations into NovaMed, or after any consolidation of NovaMed and one or more corporation in which NovaMed shall be the surviving corporation, Option Holder shall, at not additional cost, be entitled, upon the exercise of the Option, to receive, subject to any required action by the share- holders of NovaMed and in lieu of the number of shares as to which the Option shall then be so exer- cised, the number and class of shares of stock or securities to which Option Holder would have been entitled pursuant to the terms of the Agreement of Merger or Consolidation if at the time of such merger or consolidation Option Holder had been a holder of record of a number of shares of common stock of NovaMed equal to the number of shares as to which the Option shall then be so exercised.
Substitution of Shares. In the event the Company enters into a merger transaction, reincorporation transaction, or similar business combination, or effects a stock dividend, stock split, or similar transaction, then any securities issued to the Shareholder in connection with said transaction will be subject to this Agreement.
Substitution of Shares. Effective upon the consummation of the Exchange Offer, shares of Common Stock of International shall be substituted for shares of VASCO Common Stock which may be acquired pursuant to the Exchange Offer. Upon consummation of the Exchange Offer VASCO and International shall enter into such agreements as may be necessary or appropriate to effect the substitution of rights to acquire shares of International Common Stock for rights to acquire shares of VASCO Common Stock, including without limitation, the following agreements (as defined in the Registration Statement): New VASCO Option Agreements, New VASCO Convertible Note Agreements and New VASCO Warrant Agreements. Further, upon consummation of the Exchange Offer VASCO and International shall enter into such amendments to VASCO registration rights agreements, including without limitation, the Registration Rights Agreement dated October 7, 1995, as amended, with Irwix Xxxxxxx Xxxerprises Inc. and eight other investors, and VASCO agreements with Generale Bank, Banque Paribas Belgique, S.A., Banque Paribas S.A., Osprey Partners, Kyoto Securities, Ltd., Marix Xxxxxxxxx, Xxy Xxxxxx xxx others to substitute International shares of Common Stock for shares of VASCO Common Stock and make other changes in the agreements, all as approved by T. Kendxxx Xxxx.
Substitution of Shares. If Substitution of Shares is specified as applicable in the applicable Final Terms, if any Share shall be affected by a Merger Event, Tender Offer, Nationalisation, Insolvency or Delisting, as the case may be, (the "Affected Shares") then without prejudice to any other rights that the Issuer may have under the Notes, the Issuer or the Determination Agent on its behalf shall have the discretion to substitute the Affected Shares with substitute shares (the "Substitute Shares") as selected by the Determination Agent in its sole discretion for inclusion in the Basket of Shares as of the Announcement Date or the Tender Offer Date (such dates together, the "Relevant Date"), as the case may be. The Substitute Shares shall have such criteria as the Determination Agent deems appropriate including, but not limited to, the following:
Substitution of Shares. Upon exercise by the Investor of its right to purchase Optioned Shares pursuant to the Option Agreement, each of Xxxxxxxx and Xxxxxxxxx, to the extent they own Optioned Shares subject to such exercise, shall be entitled to substitute other Common Shares beneficially owned by them in place of the Optioned Shares provided that such replacement shares are delivered to the Investor within five (5) days after receipt of notice of the Investor's intention to exercise its option with respect to such Optioned Shares. 22.
Substitution of Shares. If Escrowholder receives (i) certificates for substitute Option Shares, (ii) an assignment separate from certificate for each such certificates, and (iii) the consent of Investors, all in accordance with Section 2.5 above, Escrowholder shall deliver to Optionee the stock certificates for which Escrowholder has received substitute certificates.
Substitution of Shares. The Company agrees that, upon receipt of prior written notice from the Specified Stockholder, the Company shall cause such specified number of Shares as is designated in such notice (such specified number of Shares, "Released Shares") to be substituted for an equal number of Excluded Shares that were acquired by the Specified Stockholder upon the exercise of New Parent Warrants (such equal number of Excluded Shares, "Substituted Shares"). From and after such substitution, the Released Shares shall be deemed to be Excluded Shares for all purposes hereunder, and the Substituted Shares shall be deemed to be Shares for all purposes hereunder.
Substitution of Shares. The Investment Company and the Distributor acknowledge that the Insurer may have the right to substitute Shares of other securities for Shares of the Funds under certain circumstances. The Insurer agrees not to exercise this right until after at least 60 days’ written notice to the Investment Company and the Distributor. In the event that the Insurer exercises its right to substitute Shares of other securities for Shares of the Funds, the Insurer shall furnish, or shall cause to be furnished, to the Investment Company and the Distributor, or their designees, any application for an order seeking approval of the substitution or any other written material related to such substitution, including the notice of the substitution to be sent to Variable Contract Owners, if in any such application or notice or other written material, the Investment Company or its investment adviser(s) or the Distributor is named, at least 15 days prior to the filing or delivery of such application or written material with the SEC or any other regulatory body or entity or to Variable Contract Owners for the sole purpose of determining the accuracy of information pertaining to the Investment Company, its investment adviser(s) or the Distributor. No such application or other written material shall be filed or delivered unless the Investment Company and the Distributor, or the designee of either, approve the material or do not respond with comments on the material within 10 days from receipt of the material.
