Additional Purchase Rights Sample Clauses
The Additional Purchase Rights clause grants a party the option to acquire more goods, services, or equity beyond the initial agreement terms. Typically, this right is triggered under specific conditions, such as meeting certain performance milestones or upon the occurrence of predefined events. By including this clause, the parties ensure flexibility for future expansion or investment, addressing the need for adaptability as circumstances evolve.
Additional Purchase Rights. In the event the Company elects not to exercise its right to purchase the Offered Securities from the Selling Holders as provided in Section 2.6(a) and the offering price at which such Offered Securities to be registered with the Commission pursuant to Section 2.1 and purchased from the Selling Holders (the "Second Offer Price") is less than 95% of the First Offer Price, then the Company shall have the additional right to cancel the proposed public offering and purchase all such Offered Securities from such Selling Holders, at the Second Offer Price (less any underwriting discounts and commissions). The Company and the Selling Holders shall cause any underwriting agreement entered into in connection with the offer and sale of the Offered Securities to reflect such purchase right of the Company. Immediately, and in no event less than three business days, prior to the time the registration statement filed by the Company for the registration of the Offered Securities becomes effective under the Securities Act, the Company shall, or shall cause the managing underwriter to, notify the Selling Holders, in the case of a registration requested pursuant to Section 2.1, of the Second Offer Price. If the Company elects to exercise its right to purchase the Offered Securities at the Second Offer Price (less any underwriting discounts and commissions), the Company shall promptly (and prior to the effectiveness of the registration statement for such Offered Securities) deliver an Acceptance Notice (as defined in the Investment Agreement) to each Selling Holder of its intention to purchase the Offered Securities owned by such Selling Holder at the Second Offer Price (less any underwriting discounts and commissions), on a date not more than five business days after delivery of such Acceptance Notice (subject to extension as provided in Section 6(f) of the Investment Agreement). If the Company elects to exercise its purchase rights hereunder and purchases the Offered Securities, the Company shall pay all fees (including all underwriting discounts and commissions which would have been given or retained by such underwriters had the proposed public offering been consummated) of the underwriters in connection with the preparation and filing of the registration statement and the Company shall pay all Registration Expenses of the Selling Holders which would have been payable by it pursuant to Section 2.1 had the Company not exercised its purchase rights hereunder.
Additional Purchase Rights. From time to time after the Closing, if the board of directors of the Company approves an acquisition, then ABRY (together with its affiliates and co-investors) shall purchase additional Series A Shares from the Company at a per share price equal to the Original Purchase Price and the proceeds received by the Company therefrom shall be used toward the payment of the purchase price of such acquisition and related fees and expenses; provided, however, that (i) ABRY shall not be required to purchase more than $40 million of Series A Shares, in the aggregate, pursuant to this Section l(d) and (ii) any such Series A Shares shall be issued in accordance with Section 9 (Preemptive Rights) of the Members Agreement in order to permit all holders of Series A Shares to purchase their pro rata amount thereof.
Additional Purchase Rights. In the event SBKC, for purposes of raising additional capital, makes an offering of Equity Securities of any class or series or issues any rights, options, warranties or convertible or exchangeable securities or instruments generally entitling the holder to acquire or purchase shares of Equity Securities of any class or series, each Purchaser who is a Holder immediately prior to such capital raising offering shall be granted and shall have the right, but not the obligation, to purchase a number of shares of Equity Securities in such offering such that the Purchasers will own, in the aggregate, up to 9.9% of the total Common Stock issued and outstanding immediately following completion of such capital raising offering, on a fully diluted basis.
Additional Purchase Rights. Subject to the terms and conditions hereof, if all the conditions set forth in Section 8.1 are satisfied, provided that the condition set forth in Section 8.1.5(d) is not satisfied, then MergerCo shall have the right to purchase all but not less than all of the Unallocated Shares (which shall be Series A Preferred Shares) held by the Trustee and the Trustee shall be obligated to sell such shares to MergerCo, at the request of MergerCo, at the Purchase Price per share set forth in Section 1.1, and upon the same terms and conditions as set forth in Section 1 with respect to the Allocated Shares.
Additional Purchase Rights. If one Buyer does not exercise -------------------------- its right to purchase Licensed Engines, Case Products, Cummins Products and Components in the maximum quantities to which it is entitled hereunder in any calendar year, then the other Buyer shall have the additional right to purchase the Licensed Engines, Case Products, Cummins Products and Components to which it is entitled hereunder that are not so purchased by such first Buyer.
Additional Purchase Rights