No Association with NASD. Neither such Selling Stockholder nor any of its affiliates directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, or has any other association with (within the meaning of Article I, Section 1(m) of the By-laws of the National Association of Securities Dealers, Inc.), any member firm of the National Association of Securities Dealers, Inc.
No Association with NASD. Neither the Selling Shareholder nor any of the Selling Shareholder’s affiliates directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, or has any other association with (within the meaning of paragraph (dd) of Article I of the By-laws of the NASD), any member firm of the NASD.
No Association with NASD. Neither AutoNation, the Selling Shareholder nor any of their affiliates (within the meaning of NASD Conduct Rule 2720(b)(1)(a)) directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, or is an associated person (within the meaning of Article I, Section 1(q) of the By-laws of the National Association of Securities Dealers, Inc.) of, any member firm of the National Association of Securities Dealers, Inc.
No Association with NASD. Neither such Selling Shareholder nor any of its affiliates (within the meaning of NASD Conduct Rule 2720(b)(1)(a)) directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, or is an associated person (within the meaning of Article I, Section 1(q) of the By-laws of the National Association of Securities Dealers, Inc.), of, any member firm of the National Association of Securities Dealers, Inc., other than as described on an appendix to the Power of Attorney and Custody Agreement to which such Selling Shareholder is a party.
No Association with NASD. There are no affiliations with the NASD, Inc. (“NASD”) among the Company’s officers, directors or, to the knowledge of the Company, any 5% or greater stockholder of the Company, except as set forth in the Registration Statement or otherwise disclosed in writing to the Representatives.
No Association with NASD. Except as expressly set forth in the NASD Questionnaire of such Selling Shareholder previously delivered to the Underwriters, neither such Selling Shareholder nor any of its affiliates directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, or has any other association with (within the meaning paragraph (dd) of Article I of the By-Laws of the National Association of Securities Dealers, Inc. (the "NASD")), any member firm of the NASD.
No Association with NASD. The information contained in the questionnaire furnished by such Selling Shareholder to the Company and the Underwriters, insofar as it relates to whether such Selling Shareholder, or any of its affiliates directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, or is a person associated with (within the meaning of Article I (dd) of the By-laws of the National Association of Securities Dealers, Inc.), any member firm of the National Association of Securities Dealers, Inc., is true and complete in all material respects.
No Association with NASD. Except as described in the completed NASD Questionnaire provided by such Selling Shareholder to the Company on or before July 18, 2005, neither such Selling Stockholder nor any of its affiliates directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, or is a person associated with (as defined in such NASD Questionnaire), any member firm of the National Association of Securities Dealers, Inc.
No Association with NASD. Neither such Selling Stockholder nor any of his affiliates directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, or has any other association with (within the meaning of Article I, Section 1(m) of the By-laws of the National Association of Securities Dealers, Inc.), any member firm of the National Association of Securities Dealers, Inc. In order to document the Underwriters' compliance with the reporting and withholding provisions of the Tax Equity and Fiscal Responsibility Act of 1982 with respect to the transactions herein contemplated, each of the Selling Shareholders agrees to deliver to Xxxxxxx Xxxxx prior to or at the Closing Time a properly completed and executed United States Treasury Department Form W-9 (or other applicable form or statement specified by Treasury Department regulations in lieu thereof). Each of the Selling Shareholders specifically agrees that the Securities to be held in custody for such Selling Shareholder under the Power of Attorney and Custody Agreement will be subject to the interests of the Underwriters hereunder, and that the arrangements made by such Selling Shareholder for such custody, and the appointment by such Selling Shareholder of the Attorney-in-Fact by the power of attorney contained in the Power of Attorney and Custody Agreement, are to that extent irrevocable. Each Selling Stockholder specifically agrees that his obligations hereunder shall not be terminated by operation of law, whether by the death or incapacity of such Selling Shareholder. If such Selling Shareholder or any such executor or trustee should die or become incapacitated, or if any other such event should occur, before the delivery of the Securities hereunder, certificates representing the Securities shall be delivered by or on behalf of such Selling Shareholder in accordance with the terms and conditions of this Agreement and of the Power of Attorney and Custody Agreement, and actions taken by the Attorney-in-Fact pursuant to the powers of attorney in the Power of Attorney and Custody Agreement shall be as valid as if such death, incapacity or other event had not occurred, regardless of whether or not the Custodian, the Attorney-in-Fact, or any of them, shall have received notice of such death, incapacity or other event.
No Association with NASD. Except as previously disclosed in writing to Xxxxxxxx Xxxxxxx LLP, counsel for the Company, and Sidley Austin LLP, counsel for the Underwriters, neither such Selling Shareholder nor any of its affiliates directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, or is a person associated with (within the meaning of Article I (dd) of the By-laws of the National Association of Securities Dealers, Inc. (the "NASD")), any member firm of the NASD.
