Availability of Rule 144. The Purchaser shall not be obligated to register shares of DocuNet Common Stock held by the Seller at any time when the resale provisions of Rule 144(k) (or any similar or successor Seller provision) promulgated under the Securities Act are available to the Seller.
Availability of Rule 144. VPI shall not be obligated to register shares of VPI Stock held by any STOCKHOLDER at any time when the resale provisions of Rule 144(k) (or any similar or successor provision) promulgated under the 1933 Act are available to such STOCKHOLDER with respect to such STOCKHOLDER's VPI Stock.
Availability of Rule 144. Notwithstanding any other provision of this Section 16, HOLDING shall not be obligated to register shares of HOLDING Stock held by any STOCKHOLDER at any time when the resale provisions of Rule 144(k) (or any successor provision) promulgated under the 1933 Act are available to such STOCKHOLDER for such shares.
Availability of Rule 144. The Company shall use its reasonable best efforts to ensure that the information requirement set forth in paragraph (c) of Rule 144 is satisfied so that the safe harbor provided by Rule 144 is available to Purchaser for all transfers of Registrable Shares made after the 90th day after the Company becomes subject to the reporting requirements of Section 13 of the Exchange Act. Upon request made by Purchaser at any time during such period, the Company will provide Purchaser with a written statement confirming that the Company has been subject to and has complied with the reporting requirements as provided in said paragraph (c), unless the Company has included such a statement in its then-latest annual or quarterly report filed with the SEC.
Availability of Rule 144. HDS shall not be obligated to register ------------------------ shares of HDS Stock held by any STOCKHOLDER at any time when the resale provisions of Rule 144(k) (or any similar or successor provision) promulgated under the 1933 Act are available to such STOCKHOLDER.
Availability of Rule 144. Clarant shall not be obligated to register shares of Clarant Common Stock held by any Stockholder at any time when the resale provisions of Rule 144(k) (or any successor provision) promulgated under the 1933 Act are available to such Stockholder for such shares.
Availability of Rule 144. Founder shall not be obligated to register, pursuant to Section 16.1 or Section 16.2, shares of Registerable Securities held by any Participating Stockholder at any time when the resale provisions of Rule 144 (or any similar or successor provision) promulgated under the 1933 Act permit resales by such Participating Stockholder without regard to manner of sale or volume limitations.
Availability of Rule 144. The Purchaser understands that the requirements of Rule 144 may never be met, and that the Shares may never be saleable. The Purchaser further understands that at the time the Purchaser wishes to sell the Shares, there may be no public market for the Company’s stock upon which to make such a sale, or the current public information requirements of Rule 144 may not be satisfied, either of which would preclude the Purchaser from selling the Shares under Rule 144 even if the one-year minimum holding period had been satisfied.
Availability of Rule 144. MODENA and EPS shareholders holding “restricted securities,” as that term is defined in Rule 144 promulgated pursuant to the Securities Act will remain as “restricted securities”. MODENA is under no obligation to register such shares under the Securities Act, or otherwise. The stockholders of MODENA and EPS holding restricted securities of MODENA and EPS as of the date of this Agreement and their respective heirs, administrators, personal representatives, successors and assigns, are intended third party beneficiaries of the provisions set forth herein. The covenants set forth in this Section 4.2 shall survive the Closing and the consummation of the transactions herein contemplated.
Availability of Rule 144. RV Centers shall not be obligated to register shares of RV Centers Stock held by a Stockholder at any time when the resale provisions of Rule 144(k) (or any similar or successor provision) promulgated under the 1933 Act are available to such Stockholder.
