Buy-Back Right. (a) If Lender fails to pay any Installment of its Additional Capital Contributions under the First Amendment to the JV Agreement or fails to release any Installment of the Loan of any of the Facilities in accordance with this Agreement, and if such failure to pay continues for a period of 30 days, then Borrower may give a Notice in writing to Lender (hereinafter referred to as “Notice of Breach") If the failure continues for a further 30 days after receipt of such Notice, Borrower shall be entitled to buy back the 8% of the total capital of the Company at the purchase price of EUR 9,600,000.00, which is equilent equal to the Fixed Componenet of the Purchase Price paid to Borrower by Lender under the STA, (hereinafter referred to as the: “Buy Back Payment”).
(b) If Borrower decides to exercise the option to buy back the 8% of the total capital of the Company, Borrower shall deliver a notice in writing to Lender inviting Lender to execute a stake transfer agreement and an amendment to the Foundation Agreement (hereinafter referred to as the: “Buy Back Notice”). Together with the Buy Back Notice, Borrower will deliver the forms of the stake transfer agreement and the amendment to the Foundation Agreement.
(c) Lender shall be obliged to execute the stake transfer agreement and the amendment to the Foundation Agreement required for registration of 8% of total capital of the Company before the Business Register Agency within 8 days from receiving the Buy Back Notice. The payment term for this Buy-Back Payment shall be for 5 years at annual interest rate of 5%. Borrower shall have a grace period of 1 year and thereafter will pay the Buy-Back Payment in 16 quarterly payments starting from the end of grace period. The grace period shall commence on the day of execution of the stake transfer agreement and amendment to the Foundation Agreement. In case Lender fails to execute these documents, grace period starts from the date of entry of buy-back into the Book of stakes (51% Borrower). Borrower shall pay the interest calculated during the Grace Period on the last business day of the Grace Period.
(d) If Lender fails to execute the stake transfer agreement for the 8% of the total capital in the Company and/or the amendment to the Foundation Agreement thereto within 8 days from receiving the Buy Back Notice, the Company is authorized to enter the transfer of the 8% of the total capital in the Book of stakes in favor of Borrower (51% Borrower) and:
(i) the annual intere...
Buy-Back Right. Arbor has the right at any time during the term of this Agreement to buy back (the "Buy-Back Right"), upon 12 months advance written notice, all rights to use and distribute the Technical Information granted hereunder, and all rights, title and interest in and to the ShowCase AS/400 Port (except for a non-exclusive, non-transferable, royalty bearing, worldwide license to distribute the ShowCase AS/400 Port, which shall be retained by ShowCase subject to the terms of this Agreement), and all items (including software and documentation) in which the Technical Information resides, or for which the Technical Information is or was used, including, without limitation to, all algorithms, ideas, structure, organization, source code and executables, and compilers incorporated into the ShowCase AS/400 Port by ShowCase. Exercise of the Buy-Back Right will not, by itself, affect the right of an authorized end user of the ShowCase AS/400 Port to exercise the rights properly granted such end user by ShowCase. The terms of the buy-back shall be as follows:
Buy-Back Right. In the event that Contractor fails meet the Milestones in accordance with Addendum A, the Company shall have the right to purchase from Contractor such Shares set forth in each unmet Milestone, at a purchase price of $.05 per Share. In the event that Xxxxxxx resigns as CEO or is terminated for cause, the Company shall have the right to purchase from Contractor all Shares provided herein, at a purchase price of $.01 per Share.
Buy-Back Right. In the event that Consultant fails meet the Milestones in accordance with Addendum A, the Company shall have the right to purchase from Consultant such Shares set forth in each unmet Milestone, at a purchase price of $.001 per Share. In the event that Contractor quits or is terminated for cause, the Company shall have the right to purchase from Consultant all Shares provided herein, at a purchase price of $.001 per Share.
Buy-Back Right. The Grantor may purchase at any time from the Holder half of the total NSR Royalty (0.5%) (the “Buy-Back Right”) by providing notice in writing to the Holder (the “Buy Back Notice”) and paying $1,000,000 to the Holder (the “Buy-Back Consideration”). Upon receipt by the Holder of both the Buy-Back Notice and the Buy-Back Consideration, the Royalty Percentage will be reduced to 0.5% from the date of the receipt of the Buy-Back Consideration.
Buy-Back Right. Immediately upon completion of the sale of the Property to the Grantor from Nelsons, Grantor shall have a first and prior right to acquire up to one half of the Net Smelter Returns Royalty (the “Buy- Back Royalty”) from Nelsons for the Buy-Back Purchase Price at any time. {00000000;1} 3.1. Accounting Principles
Buy-Back Right. In the event of any failure of NMFS to make any payment due pursuant to the NMFS Note (the "Event of Default") and the failure by NMFS to cure such Event of Default within ten (10) days after receipt of written notice thereof, then Repurchaser shall have the right (which right may be exercised at any time within thirty (30) thereafter): (i) to repurchase from NMFS all of the assets of Repurchaser acquired by NMFS pursuant to the Asset Purchase Agreement, and (ii) to purchase from NMFS all of the assets acquired by NMFS subsequent to the date hereof to replace any assets described in preceding clause (i) for use at 0000 X.X. 00xx Xxxxxx, Xxxxx 000, Xxxxx, XX 00000 (the assets described in the preceding clauses (i) and (ii) being hereinafter referred to collectively as the "Assets").
Buy-Back Right. (a) The Royalty Holder hereby grants to the Company, on the terms and conditions contained herein, an option to purchase (at any time) from the Royalty Holder, and to require the Royalty Holder to sell to the Company, 2.5% of the net smelter returns royalty for $8 million cash (the "Buy-back Right").
(b) The Buy-back Right shall be exercised by delivering written notice to the Royalty Holder along with the purchase price by way of certified cheque or a bank draft payable to the Royalty Holder, or other method of payment acceptable to the Royalty Holder.
Buy-Back Right. Xxxxxx shall have a call right exercisable at any time for any reason, to buy-back all of the Battleship assets (as defined in the Agreement, together with all improvements, enhancements, accounts, deposits, production allocations, revenue rights, and all ancillary and derivative rights thereof, collectively, the "Assets") from the subsidiary of Pacificap holding such Battleship assets, at a buy-back price equal to the Pacificap cash payments made to the Battleship VFX bank account (the "Buy Back Price") without giving effect to any portion of such purchase price which may have been paid to Xxxxxx (i) in the stock of Pacificap; and (ii) any portion of which was allocated to Xxxxxx as employment compensation. If Xxxxxx has been terminated for "Cause" as defined in the Agreement the Buy-Back Right will also terminate.
Buy-Back Right. The amount of Tax Expenses which Tenant is not obligated to pay or will not be obligated to pay during the first three (3) years of the New Expansion Term SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.]
