Share Conditions Sample Clauses

Share Conditions. Share conditions are as set forth in the Articles of Incorporation of the Company. EXHIBIT C LEGAL OPINION [Farris, Vaughan, Wills & Murphy LLP Letterhe▇▇] July ___, 2005 TO: Beacon Power Corporation Dear Sirs: Re: NxtPhase T & D Corporation We have acted as counsel to NxtPhase T & D Corporation (the "Corporation") in connection with the issuance and sale by the Corporation of 111,111 Class A Preferred Shares (the "Class A Preferred Shares") for US $4.50 per share, in accordance with the terms of a securities purchase agreement (the "Securities Purchase Agreement"), dated July , 2005, between the Corporation and Beacon Power Corporation (the "Investor"). This opinion is being provided pursuant to section 2.3(a)(v) of the Securities Purchase Agreement and, unless the context requires otherwise, all capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Securities Purchase Agreement. SCOPE OF INQUIRIES We have examined the following documents:
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Share Conditions. The rights, privileges, restrictions and conditions attached to the shares of the Corporation are as set out in Schedule 3.1(e) attached hereto.
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Share Conditions. The rights, privileges, restrictions and attributes of the shares of the capital of the Corporation are as set out in the Organizational Documents of the Corporation, copies of which are attached as Schedule “F”.
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Share Conditions. The rights, privileges, restrictions and conditions attaching to the common shares and the preference shares are as follows: The holders of the common shares shall be entitled:
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Share Conditions. The rights, privileges and restrictions attaching ---------------- to the Preferred Shares and the New Common Shares are set forth in the Plan of Arrangement. ARTICLE XI ------- -- GENERAL PROVISIONS ------------------
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Share Conditions. The rights, privileges, restrictions and conditions attaching to the common shares of Amalco are as set out in Schedule 1 to this Agreement.
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Share Conditions. The rights, privileges, restrictions and conditions attaching to the Class A Preferred Shares are as follows:
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Share Conditions. The Settlement Shares, and an additional 400,000 shares owned by StartNest, must be kept in trading accounts with a reputable brokerage firm (including but not limited to Dreyfus) provided that StartNest hereby promises that the following sale restrictions shall be followed in perpetuity: Any sale, resale, short-sale, hedging transaction or other transaction other than outright buying of MED stock (collectively "sale transaction") in which the public marketplace is utilized to obtain the monies necessary to complete the sale transaction shall be limited as follows: (a) StartNest shall not in any trading day engage in a sale transaction in which StartNest sells more than the 7,000 shares; and (b) StartNest may at its discretion, notwithstanding subsection 3(a) above and notwithstanding any other fact or circumstance, engage in a sale transaction in which it sells up to 50,000 shares per trading day in any sale transaction occurring at a time when the public trading price of MED is above $20 per share. StartNest agrees to at all times comply with all applicable requirements, laws and regulations with respect to all transactions appertaining or relating to the trading of stock in MED. The certificates representing the Settlement Shares shall bear appropriate legends reflecting the restrictions on transfer imposed by law as well as the volume restrictions provided for in this paragraph 3.
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Related to Share Conditions

  • Safe Conditions Whenever an employee reports a condition which the employee feels represents a violation of safety or health rules and regulations or which is an unreasonable hazard to persons or property, such conditions shall be promptly investigated. The appropriate administrator shall reply to the concern, in writing, if the employee's concern is communicated in writing.

  • Performance Conditions The Shares shall be issuable only if (and to the extent) that the Performance Criteria, set forth herein, are satisfied during the Performance Period. The Controller of the Company and the Compensation Committee of the Board of Directors of the Company shall certify whether, and to what extent, the Performance Criteria have been achieved. If the minimum performance is not met, no Shares shall be issued and the Award shall be forfeited.

  • Release Conditions As used in this Agreement, "Release Conditions" shall mean the following:

  • Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.

  • SUSPENSIVE CONDITIONS 2.1 This entire AGREEMENT is subject to the registration of transfer of ownership of the PROPERTY to the EMPLOYER. In the event that the PROPERTY is not transferred within 6 (six) months from date of signing of this Agreement by the CONTRACTOR, the CONTRACTOR reserves the right to: 2.1.1 increase the CONTRACT SUM, based on the current prices for the building materials, and the CONTRACTOR shall notify the EMPLOYER in writing of such increased cost and the EMPLOYER may then, at his/her option, cancel this agreement by providing written notice of cancellation to the CONTRACTOR within 5 (five) DAYS of receiving written notice from the CONTRACTOR in respect of the increased cost. Should written notice of cancellation not be forthcoming within the aforesaid period, the CONTRACTOR and the EMPLOYER shall proceed with the AGREEMENT at the increased CONTRACT SUM and the EMPLOYER shall be obliged to pay the increase in the CONTRACT SUM to the CONTRACTOR within 21 (twenty one) DAYS of receiving written notice from the CONTRACTOR in respect of the increased cost; or 2.1.2 cancel this AGREEMENT and the parties shall have no claim of whatsoever nature against each other. 2.2 This AGREEMENT is subject further to the EMPLOYER being offered a loan to be secured by a mortgage bond over the PROPERTY and improvements in the amount reflected in Schedule B or such lesser amount as the EMPLOYER may accept, within 30 (thirty) DAYS of the date of the CONTRACTOR’s signature of this AGREEMENT, which period may be extended in the CONTRACTOR’s sole discretion. Should no amount be inserted in the relevant field in the Schedule B, then the suspensive condition contained in this clause will not apply. In the event that the suspensive condition contained in this clause is not fulfilled, this AGREEMENT will lapse and the parties shall have no claim of whatsoever nature against each other.