Examples of Xxxxxx Xxxxxxx Entity in a sentence
Xxxxxx Xxxxxxx agrees and acknowledges that Xxxxxx Xxxxxxx shall be responsible for the performance by each Xxxxxx Xxxxxxx Entity of the obligations hereunder applicable to such Xxxxxx Xxxxxxx Entity.
The Company shall not, without the prior written consent of Xxxxxx Xxxxxxx, effect any settlement of any pending or threatened proceeding in respect of which any Xxxxxx Xxxxxxx Entity is or could have been a party and indemnity could have been sought hereunder by such Xxxxxx Xxxxxxx Entity, unless such settlement includes an unconditional release of the Xxxxxx Xxxxxxx Entities from all liability on claims that are the subject matter of such proceeding.
The Partnership has not offered, or caused Xxxxxx Xxxxxxx or any Xxxxxx Xxxxxxx Entity (as defined in Section 9) to offer, Units to any person pursuant to the Directed Unit Program with the specific intent to unlawfully influence (i) a customer or supplier of the Partnership to alter the customer’s or supplier’s level or type of business with the Partnership, or (ii) a trade journalist or publication to write or publish favorable information about the Partnership or its products.
The Class B Common Stock Option shall be assignable, in whole or in part and from time to time, by Xxxxxx Xxxxxxx to any Xxxxxx Xxxxxxx Entity.
The Company shall not, without the prior written consent of Xxxxxx Xxxxxxx & Co. Incorporated, effect any settlement of any pending or threatened proceeding in respect of which any Xxxxxx Xxxxxxx Entity is or could have been a party and indemnity could have been sought hereunder by such Xxxxxx Xxxxxxx Entity, unless such settlement includes an unconditional release of the Xxxxxx Xxxxxxx Entities from all liability on claims that are the subject matter of such proceeding.
Each Option, or any portion thereof assigned to any Xxxxxx Xxxxxxx Entity other than Xxxxxx Xxxxxxx, also shall terminate in the event that the Person to whom such Option, or such portion thereof has been transferred, ceases to be a Xxxxxx Xxxxxxx Entity for any reason whatsoever.
The Class B Common Stock Option may be exercised by Xxxxxx Xxxxxxx (or any Xxxxxx Xxxxxxx Entity to which all or any part of the Class B Common Stock Option has been assigned) only for such number of shares as are necessary to prevent a Xxxxxx Xxxxxxx Ownership Reduction.
Each Option may be exercised (to the extent then exercisable in accordance with its terms) at any time after receipt of an applicable Issuance Notice and prior to the applicable Issuance Event Date by the delivery to MSCI of a written notice to such effect specifying (i) the number of shares of Class B Common Stock or Nonvoting Stock (as the case may be) to be purchased by Xxxxxx Xxxxxxx, or any Xxxxxx Xxxxxxx Entity, and (ii) a calculation of the exercise price for such shares.
Upon any such exercise of either Option, MSCI will, immediately prior to the issuance or event in connection with an Issuance Event, deliver to Xxxxxx Xxxxxxx (or any Xxxxxx Xxxxxxx Entity designated by Xxxxxx Xxxxxxx), against payment therefor, certificates (issued in the name of Xxxxxx Xxxxxxx or its permitted assignee hereunder, or as directed by Xxxxxx Xxxxxxx) representing the shares of Class B Common Stock or Nonvoting Stock (as the case may be) being purchased upon such exercise.
Amended and Restated Stockholders’ Agreement] INVESTORS: [FOR ENTITY INVESTOR USE [FOR INDIVIDUAL INVESTOR USE FOLLOWING SIGNATURE BLOCK:] FOLLOWING SIGNATURE BLOCK:] Name of Name: Xxxxxx Xxxxxxx Entity: [PRINT NAME] [PRINT NAME] By: /s/ Xxxxxx Xxxxxxx Name: [SIGN HERE] Title: [Signature page to BioHorizons, Inc.