Xxxxxx, Xxxxxxx or Xxxxxx at Fault Sample Clauses

Xxxxxx, Xxxxxxx or Xxxxxx at Fault. If (i) the Distribution ---------------------------------- has not occurred on or before December 31, 2000, (ii) the failure of the Distribution to have occurred on or before such date shall be due to the failure of Xxxxxx, Xxxxxxx and Xxxxxx, or any one or more of Xxxxxx, Xxxxxxx or Xxxxxx, to comply fully with their or his obligations under this Agreement or their or his representations and warranties herein are not true in all material respects, and (iii) Xxxxxxx, the Old Primal Minority Stockholders and the Xxxxx Parties shall have substantially complied with their respective obligations under this Agreement and their respective representations and warranties herein are true in all material respects, then, in such events, each of the Old Primal Stockholders shall deliver, or cause to be delivered, to Xxxxx their respective pro rata portion, based on their respective pro rata ownership of Old Primal immediately prior to the Merger, of such number of shares of the Series G Preferred Stock pledged to secure the repayment of the Loans as would, if converted into Xxxxx Common Stock on the Distribution Failure Event Date, when subtracted from the total number of shares of the Xxxxx Common Stock reserved for conversion of the Series G Preferred Stock collectively beneficially owned by the Old Primal Stockholders on the Distribution Failure Event Date, leave outstanding shares of the Series G Preferred Stock that would equal, assuming the shares of the Series G Preferred Stock were converted into Xxxxx Common Stock, in the aggregate 20% of the Xxxxx Common Stock on a Fully Diluted Basis on the Distribution Failure Event Date. In addition to returning to Xxxxx their pro rata portion of the shares of the Series G Preferred Stock referred to above, each of Xxxxxx, Xxxxxxx and Xxxxxx shall also deliver 20,000 shares of the Series G Preferred Stock to Xxxxxxx and the Old Primal Minority Stockholders. These 60,000 shares of the Series G Preferred Stock shall be distributed to Xxxxxxx and the Old Primal Minority Stockholders pro rata based on their respective pro rata ownership of Old Primal immediately prior to the Merger, and, following the delivery of such shares, the Loans to Xxxxxxx and the Old Primal Minority Stockholders shall be forgiven and none of such Persons shall have any further liability therefor.
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Related to Xxxxxx, Xxxxxxx or Xxxxxx at Fault

  • Sxxxxxxx-Xxxxx The Company is, or on the Closing Date will be, in material compliance with the provisions of the Sxxxxxxx-Xxxxx Act of 2002, as amended, and the rules and regulations promulgated thereunder and related or similar rules or regulations promulgated by any governmental or self-regulatory entity or agency, that are applicable to it as of the date hereof.

  • XX XXXXXXX XXXXXXX the parties hereof have caused this Agreement to be executed in duplicate on the day and year first above written.

  • Xx Xxxxxx No waiver or modification of this Agreement or any of its terms is valid or enforceable unless reduced to writing and signed by the party who is alleged to have waived its rights or to have agreed to a modification.

  • Xxxxxx Xxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxxxxx Xxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxxx Xxxxxxx Purchase Order and Sales Contact Email 2 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxx Xxxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxx Xxxxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxxxx Xxxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxxx Xxxxxxxx Purchase Order and Sales Contact Email 2 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

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