Volume Exclusions Sample Clauses

Volume Exclusions. In addition to the exclusions set forth in Section 3(d) above, the tag-along rights and related obligations of the Company with respect to redemptions provided in Sections 3(a), 3(b) and 3(c) shall not apply to Sales by a Stockholder of up to 10% of the Common Securities held by such Stockholder as of the date that such Stockholder first became party to this Agreement in any consecutive twelve month period. The following calculation shall be used in determining the percentage of a Stockholder’s Common Securities that are being sold or otherwise transferred in any given Sale: (x) the number of Common Securities previously sold pursuant to this Section 3(e) by such Stockholder and proposed to be sold by such Stockholder divided by (y) the total number of Common Securities held by such Stockholder as of the date of this Agreement (as adjusted for stock splits, combinations and the like).
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Volume Exclusions. One or more species in mixed species stands may be unmerchantable. For example, the deciduous species in a predominantly coniferous stand may not be harvested, or may only be partially harvested. The non- harvested portion should not contribute to the estimated stand volume. The species that do not contribute and that were excluded from the estimation of stand volume are shown in the table below. Volume left on-site may contribute to stand-level biodiversity objectives. Table 9.2 reflects current regional utilization standards, licence requirements and current performance.
Sample 1
Volume Exclusions. In addition to the exclusions set forth in Section 2(d) above, the tag-along rights and related obligations of the Company with respect to redemptions provided in Sections 2(a), 2(b) and 2(c) shall not apply to (i) Sales by Holdings of up to (A) 17.5% of the Securities held by such Stockholder as of the date that such Stockholder first became party to this Agreement in any consecutive twelve month period and (B) 35% in the aggregate of the Securities held by such Stockholder as of the date that such Stockholder first became party to this Agreement, (ii) Sales by the JBIII Stockholders of up to (A) 25% in the aggregate of the Securities held by such Stockholders as of the date that such Stockholders first became party to this Agreement in any consecutive twelve month period and (B) 45% each in the aggregate of the Securities held by such Stockholders as of the date that such Stockholders first became party to this Agreement, and (iii) Sales by the JBIV Stockholders of up to (A) 25% in the aggregate of the Securities held by such Stockholders as of the date that such Stockholders first became party to this Agreement in any consecutive twelve month period and (B) 45% each in the aggregate of the Securities held by such Stockholders as of the date that such Stockholders first became party to this Agreement. The following calculation shall be used in determining the percentage of a Stockholder’s Securities that are being sold or otherwise transferred in any given Sale: (x) the number of Securities previously sold pursuant to this Section 2(e) and proposed to be sold by a Stockholder divided by (y) the total number of Securities held by the Selling Stockholder as of the date of this Agreement (as adjusted for stock splits, combinations and the like).
Sample 1

Related to Volume Exclusions

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply:

  • Exclusions The Warrant Agent shall have no responsibility with respect to the validity of this Agreement or with respect to the validity or execution of any Warrant (except its countersignature thereof). The Warrant Agent shall not be responsible for any breach by the Company of any covenant or condition contained in this Agreement or in any Warrant. The Warrant Agent shall not be responsible to make any adjustments required under the provisions of Section 4 hereof or responsible for the manner, method, or amount of any such adjustment or the ascertaining of the existence of facts that would require any such adjustment; nor shall it by any act hereunder be deemed to make any representation or warranty as to the authorization or reservation of any shares of Common Stock to be issued pursuant to this Agreement or any Warrant or as to whether any shares of Common Stock shall, when issued, be valid and fully paid and non-assessable.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Inclusions Confidential Information includes, without limitation, the following information (including without limitation, compilations or collections of information) relating or belonging to any Company Party (as well as their clients, customers and/or vendors) and created, prepared, accessed, used or reviewed by the Executive during or after the Employment Period: (1) product and manufacturing information, such as ingredients, combinations of ingredients and manufacturing processes; (2) scientific and technical information, such as research and development, tests and test results, formulae and formulations, studies and analysis; (3) financial and cost information, such as operating and production costs, costs of goods sold, costs of supplies and manufacturing materials, non-public financial statements and reports, profit and loss information, margin information and financial performance information; (4) customer related information, such as customer related contracts, engagement and scope of work letters, proposals and presentations, customer-related contacts, lists, identities and prospects, practices, plans, histories, requirements and needs, price information and formulae and information concerning client or customer products, services, businesses or equipment specifications; (5) vendor and supplier related information, such as the identities, practices, history or services of any vendors or suppliers and vendor or supplier contacts; (6) sales, marketing and price information, such as marketing and sales programs and related data, sales and marketing strategies and plans, sales and marketing procedures and processes, pricing methods, practices and techniques and pricing schedules and lists; (7) database, software and other computer related information, such as computer programs, data, compilations of information and records, software and computer files, presentation software and computer-stored or backed-up information including, but not limited to, e-mails, databases, word processed documents, spreadsheets, notes, schedules, task lists, images and video; (8) employee-related information, such as lists or directories identifying employees, representatives and contractors, and information regarding the competencies (knowledge, skill, experience), compensation and needs of employees, representatives and contractors and training methods; and (9) business- and operation-related information, such as operating methods, procedures, techniques, practices and processes, information about acquisitions, corporate or business opportunities, information about partners and potential investors, strategies, projections and related documents, contracts and licenses and business records, files, equipment, notebooks, documents, memoranda, reports, notes, sample books, correspondence, lists and other written and graphic business records.

  • Measurement Should the State terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the State shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the State terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty days.

  • No Exclusivity The remedies provided for in this Section 2.09 are not exclusive and shall not limit any rights or remedies which may be available to any indemnified party at law or in equity or pursuant to any other agreement.

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