Examples of Shelf Resale in a sentence
Except as otherwise provided in Section 2.2 below, a Holder initiating a Shelf Resale shall not be required to permit the offer and sale of Registrable Shares by any other Holders in connection with any such Shelf Resale.
Any Holder who receives or is deemed to have received a Company Shelf Response shall then have ten Business Days after receipt of such Company Shelf Response in which to sell, transfer or otherwise dispose of the shares subject to the Shelf Resale Notice.
If such Holder does not sell, transfer or otherwise dispose of such Registrable Securities within such period, the Holder shall be required to deliver another Shelf Resale Notice and comply again with the other requirements of this Section 3(b) before selling, transferring or otherwise disposing of Registrable Securities pursuant to the Shelf Registration Statement.
A Shelf Resale shall only be effected as a non-underwritten “broker’s transaction” or non-underwritten block trade on the New York Stock Exchange.
If, after sending the Shelf Resale Notice, Seller decides not to proceed with such Shelf Resale, Seller shall promptly withdraw such notice by giving written notice to Parent.
If, after the expiration of the Suspension Period, Seller desires to proceed with a Shelf Resale, Seller shall send a new Shelf Resale Notice to Parent in accordance with Section 2.01(b).
No Shelf Resale shall be permitted during any Scheduled Black-out Period and no Shelf Resale Notice that would result in a Shelf Resale during any Scheduled Black-out Period shall be permitted to be given.
Check the following box confirming the intended plan of distribution of the Registrable Securities: [_] The Selling Securityholder (including its donees and pledgees) does not intend to distribute the Registrable Securities listed in Item 3 above pursuant to the Shelf Resale Registration Statement except as follows (if at all): The Registrable Securities may be sold from time to time directly by the Selling Securityholder or, alternatively, through underwriters, broker-dealers or agents.
If the Company gives a Shelf Suspension Notice to such Shelf Holder, such Shelf Holder shall refrain from engaging in such Shelf Resale in compliance with Section 8, 9(e) or 9(k), as the case may be.
Seller shall pay all out of pocket expenses incurred by Seller in connection with any Shelf Resale under this Exhibit A, including all (a) fees and expenses of counsel to Seller and (b) all brokerage fees and commissions in connection with the sale of Seller’s Registrable Securities.