The Company's decision in the case of such appeals and hearings may uphold a previous Company decision, or fully exonerate and reinstate the employee with pay for all time lost, or render such intermediate decision as may be considered just and equitable.
The Company's. Common Stock is registered ------------ pursuant to Section 12(g) of the Exchange Act and, except as set forth on Annex ----- F hereto, the Company has taken no action designed to, or likely to have the - effect of, terminating the registration of the Common Stock under the Exchange Act, nor has the Company received any notification that the Securities and Exchange Commission is contemplating terminating such registration.
The Company's. The Company represents and warrants to and covenants with the Purchaser as follows:
The Company's. Common Stock is approved for listing and ------- quotation on the Nasdaq National Market System and is traded on the Nasdaq National Market System. The Company is not aware of any threat to delist or suspend such quotation, listing and/or trading, including a threat that may be occasioned by falling below the minimum listing maintenance requirements of the Nasdaq National Market System. The Conversion Shares and the Warrant Shares have been approved for listing, subject to official notice of issuance, on the Nasdaq National Market System and no further corporate authorization or approval is required under the rules of the National Association of Securities Dealers (the "NASD") applicable to the listing (or continued listing) requirements for ---- securities on the Nasdaq National Market System, for the issuance of the Conversion Shares and the Warrant Shares of the Certificate of Designations and the Common Stock Warrant, as the case may be. No further authorization or approval is required for the continued listing of the Common Stock on the Nasdaq National Market or for the issuance of an aggregate number of Conversion Shares and Warrant Shares in excess of the Exchange Cap (as defined in the Certificate of Designations), other than the approval by the stockholders of the Company pursuant to NASD Rule 4460(I), relating to Nasdaq National Market issuers.
The Company's execution and delivery of this First Amendment and performance of its obligations hereunder: (a) are and will be within its powers; (b) are duly authorized by the Company; (c) are not and will not be in contravention of any law, statute, rule or regulation, the terms of any of the Company’s organization documents, nor of any indenture, agreement or undertaking to which the Company or any of its properties are bound; (d) do not require any consent or approval (including governmental) which has not been given; and (e) will not result in the imposition of liens, charges or encumbrances on any of its properties or assets;
The Company's. “Knowledge”. When used in this Agreement, the words “the Company’s knowledge” or “the knowledge of the Company” and similar words shall mean that no information with respect to the statements to which those words refer has come to the actual, conscious attention of either of the Directors or the Manager of the Businesses, Dxxxxx Xxxxxx, which, after reasonable inquiry, would lead Mx. Xxxxxx or either such Director to reasonably conclude that any such statement is untrue or incomplete.
The Company's. Compensation Committee has determined to grant to you as of the Effective Date, the following LTI grant pursuant to the ATMI 2003 Stock Plan: (i) an option to purchase 20,196 shares of Company common stock at an exercise price equal to the closing price on that day in the form of Annex A (the "Option Grant Agreement"); and (ii) an award of 15,535 shares of restricted stock in the form of Annex B (the "Restricted Stock Grant Agreement"), which shall each be subject to Section 2.6 above.
The Company's. Compensation Committee has determined to grant to you as of the Effective Date, the following Founder's Grant pursuant to the ATMI 2003 Stock Plan: an award of 88,871 shares of restricted stock in the form of Annex C (the "Director's Restricted Stock Grant Agreement"), which shall be subject to Section 2.6 above.
The Company's. DUTIES Subject to the supervision and control of the Investment Company's Board of Directors ("Board"), and in furtherance of the Investment Company's desire to have the Company assist the Fund in adapting to the complexities of the Hub and Spoke(R) investment structure, the Company undertakes and agrees to provide, or cause to be provided, to the Fund(s) developmental, organizational, administrative, and compliance and allied services that are unique to the Hub and Spoke(R) investment structure, such services to be provided within the scope of applicable Federal and State regulations. The foregoing, along with any additional services that the Company shall from time to time agree to provide for the Investment Company under this Section One shall hereinafter be referred to as "Developmental Support Services." SECTION TWO: ADMINISTRATIVE SERVICES.
The Company's. The Company hereby represents to Purchasers that:
