Transferability and Negotiability of Warrant. This Warrant may not be transferred or assigned in whole or in part without compliance with applicable federal and state securities laws by the transferor and the transferee (including, without limitation, the delivery of investment representation letters and legal opinions reasonably satisfactory to the Company, if reasonably requested by the Company). Subject to the provisions of this Section 5, title to this Warrant may be transferred in the same manner as a negotiable instrument transferable by endorsement and delivery.
Transferability and Negotiability of Warrant. This Warrant may not be transferred or assigned in whole or in part without compliance with all applicable federal and state securities laws by the transferor and the transferee (including the delivery of investment representation letters and legal opinions reasonably satisfactory to the Company, if such are requested by the Company). Subject to the provisions of this Warrant with respect to compliance with the Securities Act of 1933, as amended (the “Act”), title to this Warrant may be transferred by endorsement (by the Holder executing the Assignment Form annexed hereto) and delivery in the same manner as a negotiable instrument transferable by endorsement and delivery.
Transferability and Negotiability of Warrant. This Warrant may not be transferred or assigned in whole or in part without compliance with all applicable federal and state securities laws by the transferor and the transferee (including the delivery of investment representation letters and legal opinions reasonably satisfactory to the Company, if such are requested by the Company). Subject to the provisions of this Warrant with respect to compliance with the Securities Act of 1933, as amended (the “Securities Act”), and applicable state securities laws, title to this Warrant may be transferred by endorsement (by the Holder executing the Assignment Form annexed hereto) and delivery in the same manner as a negotiable instrument transferable by endorsement and delivery. Any transfer of this Warrant is also subject to the provisions of Section 6.2 of the Purchase Agreement.
Transferability and Negotiability of Warrant. This Warrant may not be transferred or assigned in whole or in part other than by will or pursuant to the laws of descent and distribution.
Transferability and Negotiability of Warrant. Title to this Warrant may be transferred by endorsement (by the holder hereof executing the Assignment Form attached hereto as Exhibit B) and delivery in the same manner as negotiable instruments transferable by endorsement and delivery.
Transferability and Negotiability of Warrant. This Warrant may not be transferred or assigned in whole or in part by the Company. This Warrant may not be transferred or assigned in whole or in part by the Holder without compliance with all applicable federal and state securities laws by the transferor and the transferee (including the delivery of investment representation letters and legal opinions reasonably satisfactory to the Company, if such are requested by the Company). Subject to the provisions of this Warrant with respect to compliance with the Securities Act of 1933, as amended (the “Securities Act”), and applicable state securities laws, title to this Warrant may be transferred by endorsement (by the Holder executing the Assignment Form annexed hereto) and delivery in the same manner as a negotiable instrument transferable by endorsement and delivery. Any transfer of this Warrant is also subject to the provisions of Section 6.2 of the Purchase Agreement.
Transferability and Negotiability of Warrant. This Warrant may not be transferred or assigned in whole or in part without compliance with all applicable federal and state securities laws by the transferor and the transferee (including, if the transfer is being made other than in a transaction registered under the Securities Act or exempt from registration under Rule 144 under the Securities Act, the delivery of investment representation letters and, if the transfer is being made other than in a transaction registered under the Securities Act, the delivery of legal opinions satisfactory to the Company, if requested by the Company) and unless the transfer is to a transferee or assignee who the Company does not reasonably consider to be an actual or potential competitor of the Company. Subject to the provisions of this Warrant with respect to compliance with the Securities Act, title to this Warrant may be transferred by endorsement and delivery in the same manner as a negotiable instrument transferable by endorsement and delivery. The Company shall act promptly to record transfers of this Warrant on its books, but the Company may treat the registered holder of this Warrant as the absolute owner of this Warrant for all purposes, notwithstanding any notice to the contrary.
Transferability and Negotiability of Warrant. This Warrant may not be transferred or assigned in whole or in part without compliance with all applicable federal and state securities laws by the transferor and the transferee (including the delivery of investment representation letters and legal opinions satisfactory to the Company, if requested by the Company and the transfer is to a person other than a general partner of the initial Holder). Subject to the provisions of this Warrant with respect to compliance with the Act, title to this Warrant may be transferred by endorsement and delivery in the same manner as a negotiable instrument transferable by endorsement and delivery; provided, however, that neither this Warrant nor the Shares purchasable with this Warrant may be transferred to any entity or person which the Company reasonably determines to be an actual or potential competitor of the Company. The Company shall act promptly to record transfers of this Warrant on its books, but the Company may treat the registered holder of this Warrant as the absolute owner of this Warrant for all purposes, notwithstanding any notice to the contrary.
Transferability and Negotiability of Warrant. This Warrant may be assigned or transferred, in whole or in part, without the prior written consent of the Company, subject to compliance with all applicable securities laws; provided, however, that at any time prior to the closing of the Next Equity Financing, each Holder acknowledges and agrees that the shares of Series D Preferred Stock purchased by such Holder pursuant to the Purchase Agreement, any rights to participate in an Additional Closing set forth in Section 1.3.3 of the Purchaser Agreement held by such Holder in connection with its purchase of Series D Preferred Stock, and this Warrant may only be transferred by such Holder collectively as a single unit. Subject to the terms of this Section 7, it is expressly understood that the Holder may transfer all or a portion of this Warrant to an affiliate.” A new Section 11(d) of the Warrant is hereby inserted following Section 11(c) of the Warrant as follows: “(d) WIM Obligations. WIM will not be obliged to comply with any provision of this Warrant if so complying would result in WIM breaching any applicable law or regulation (to be determined by the Investor in its sole discretion) provided that WIM will use reasonable endeavours to procure that any such breach is avoided. If, by entering into any provision of this Warrant, WIM would be in breach of any applicable law or regulation (to be determined by WIM in its sole discretion), that provision will be treated by the parties as void ab initio and will be severed from this Warrant. Notwithstanding that severance, the other provisions of this Warrant and the remainder (if any) of the relevant provision will continue to be fully effective.”
Transferability and Negotiability of Warrant. This Warrant may not be transferred or assigned in whole or in part other than: (i) by will or pursuant to the laws of descent and distribution, or (ii) upon written notice to the Company, transfer from Xxxxxx X. Xxxxxx to Xxxxxxxx X. Xxxxxx, as Trustee for the Xxxxxx X. Xxxxxx Grantor Retained Annuity Trust, on or before December 31, 2003. No transfer permitted hereunder shall be valid unless the transferee agrees to all the terms and conditions of the Warrant as set forth herein and in such other documents as the Company may reasonably request the transferor and/or the transferee to execute in connection with the transfer of such options.”
