Apple 1997 Annual Report Download - page 173
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Please find page 173 of the 1997 Apple annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.-
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afforded the Preferred Stock or the Common Stock into which the Preferred Stock is convertible (except as otherwise provided in this
Agreement).
5.5 REGISTRATION RIGHTS AGREEMENT. The Company shall have executed and delivered the Registration Rights Agreement
substantially in the form attached hereto as Exhibit D.
5.6 PATENT CROSS LICENSE AGREEMENT AND TECHNOLOGY AGREEMENT. The Company shall have executed and delivered the
Patent Cross License Agreement and Technology Agreement substantially in the forms attached hereto as Exhibit A and Exhibit B,
respectively.
SECTION 6
CONDITIONS TO OBLIGATION OF THE COMPANY
The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, which may waive any such conditions,
subject to the fulfillment on or prior to the Closing Date of the following conditions:
6.1 REPRESENTATIONS AND WARRANTIES. The representations and warranties of the Purchaser contained in Section 4 will be true and
correct on and as of the date hereof and on and as of the Closing Date with the same effect as though such representations and warranties had
been made as of the Closing Date. The Company shall have received a certificate signed on behalf of the Purchaser by an officer of the
Purchaser to such effect on the Closing Date.
6.2 COVENANTS. All covenants, agreements and conditions contained in this Agreement to be performed by the Purchaser on or prior to the
Closing Date shall have been performed or complied with in all material respects. The Company shall have received a certificate signed on
behalf of the Purchaser by an officer of the Purchaser to such effect on the Closing Date.
6.3 NO ORDER PENDING. There shall not then be in effect any order enjoining or restraining the transactions contemplated by this
Agreement.
6.4 NO LAW PROHIBITING OR RESTRICTING THE SALE OF THE SHARES. There shall not be in effect any law, rule or regulation
prohibiting or restricting the sale of the Shares, or requiring any consent or approval of any person which shall not have been obtained to issue
the Shares with full benefits afforded the Preferred Stock or the Common Stock into which the Preferred Stock is convertible (except as
otherwise provided in this Agreement).
6.5 THE PURCHASER. The Purchaser shall have executed and delivered the Registration Rights Agreement substantially in the form attached
hereto as Exhibit D.
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