Trading Restrictions. Seller and each Member agrees that all Stock Consideration may be liquidated at a daily rate of no more than 5% of the preceding five (5) day average volume of Parent Common Stock on any given trading day; provided, that Parent shall not issue to any seller under the Designated APAs, in connection with the acquisition of all or part of such Person’s business by Parent or its Affiliates, any unregistered Equity Securities with trading restrictions less restrictive than those contained in this Section 8.9; provided further, that, in the event that Parent grants less restrictive trading restrictions to any such Person, this Section 8.9 shall be deemed to have been amended to reflect such less restrictive trading restrictions. Neither Seller nor any Member shall transfer all or any portion of the Stock Consideration in a private resale without the transferee agreeing in writing with Parent to be subject to the restrictions set forth in this Section 8.9 (including with respect to any subsequent transferee).
Appears in 7 contracts
Samples: Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, Inc.)
Trading Restrictions. Seller and each Member agrees that all Stock Consideration may be liquidated at a daily rate of no more than 5% of the preceding five (5) day average volume of Parent Common Stock on any given trading day; provided, that Parent shall not issue to any seller under the Designated APAs, in connection with the acquisition of all or part of such Person’s business by Parent or its Affiliates, any unregistered Equity Securities with trading restrictions less restrictive than those contained in this Section 8.98.10; provided further, that, in the event that Parent grants less restrictive trading restrictions to any such Person, this Section 8.9 8.10 shall be deemed to have been amended to reflect such less restrictive trading restrictions. Neither Seller nor any Member shall transfer all or any portion of the Stock Consideration in a private resale without the transferee agreeing in writing with Parent to be subject to the restrictions set forth in this Section 8.9 8.10 (including with respect to any subsequent transferee).
Appears in 6 contracts
Samples: Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, Inc.)