Buyer Option Sample Clauses

Buyer Option. The Buyer may create a shortlist by asking all Suppliers who meet the essential criteria any qualitative questions relating to the brief.

Buyer Option. The Kohl's lease provides that Kohl's may expand its Building and build onto the Expansion Space. In the event Kohl's were to exercise its option and build on the Expansion Space, the Kohl's Tract would not contain enough additional parking spaces (the shortfall) to satisfy the parking ratio requirements under the OEA which contains enough parking spaces to make up the shortfall. Accordingly in the event Kohl's exercises its right to expand into the Expansion Space Seller (or its successor in interest) agrees to sell Parcel X as set forth on Exhibit___for One Hundred Twenty Five Thousand Dollars $125,000.00 ("the Option Land"). At closing the parties shall enter into an Option Agreement and record notice of Option Agreement against Parcel X.

Buyer Option. Up to and including the 90th calendar day following the Closing Date (the “Option Expiration Date”), Buyer shall have the option to purchase from Sellers, on a pro rata basis, for an aggregate of $1,000,000 in cash, the number of shares of Buyer Common Stock equal to the quotient of $1,000,000 divided by the closing price of the Buyer’s common stock on the trading day immediately preceding the date of this Agreement. If Buyer makes such election, then each Seller shall provide a certificate certifying that all representations and warranties of the Company and the Sellers in this Agreement shall be true and complete in all material respects, disregarding for this purpose any qualification or exception for, or reference to, materiality or Material Adverse Effect in any such representation or warranty, at and as of the Option Expiration Date, as though such representations and warranties were made at and as of such time, except for representations and warranties that speak as of a specific date or time, which need only be true and correct as of such date and time, and Buyer shall deliver the requisite consideration in immediately available funds to the Sellers within five (5) days of exercising such option and delivery of such certifications by the Sellers. In addition, all closing conditions set forth in Section 8.2 (except for Section 8.2(f)) which apply to the Closing, shall also be applicable to the closing of the option set forth in this Section 2.3.

Buyer Option. 1 Certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 4

Buyer Option. Subject to the terms and conditions set forth herein and in the Stock Purchase Agreement, Seller hereby grants to Buyer an option (the “Buyer Option”) to purchase from Seller Three Thousand (3,000) shares of the Company’s common stock, no par value (the “Common Stock”) or such lesser number of shares of Common Stock as Seller may then own as a result of any claim paid to Buyer from the Seller Stock Escrow Fund as set forth in the Escrow Agreement of even date herewith among Buyer, Seller and the Escrow Agent (the “Escrow Agreement”) and the Stock Purchase Agreement (the “Option Shares”), regardless if the Option Shares are held by Seller or in escrow under the terms of the Stock Purchase Agreement and the Escrow Agreement. The aggregate purchase price for the Option Shares shall be equal to the number of shares of Buyer’s common stock, par value $0.01 per share (“Buyer Common Stock”) having an aggregate value equal to $7,000,000.00 (the “Option Purchase Price”) rounded down to the nearest whole share, based upon a $2.60 per share price (the “Buyer Common Stock Price”) of Buyer’s common stock, $.10 par value (the “Buyer Common Stock”).

Buyer Option. Subject to the terms and conditions of this Agreement, the Buyer shall have the right, at its sole discretion, during the period from December 1, 1996 to December 31, 1996 (the "Option Exercise Period") to purchase from each of the Sellers the Assets pursuant to Section 1.2 hereof and to consummate the other transactions contemplated hereby to occur at the Closing (the "Option") for the consideration set forth in Section 1.3 hereof. In the event that the Buyer wishes to exercise the Option, the Buyer shall deliver to TP LLC written notice (an "Advance Notice") at least ten and no more than forty five days prior to the Buyer's intended date of exercise of the Option. The Advance Notice shall state that the Buyer intends to exercise such Option and shall specify the date on which the Buyer intends to exercise the Option (the "Option Exercise Date"). Notwithstanding the foregoing, the Advance Notice shall be revocable by the Buyer, in its sole discretion, at any time prior to the Option Exercise Date by delivery to TP LLC of a written notice of such revocation. After any such revocation of the Advance Notice, the Buyer may subsequently re-deliver an Advance Notice so long as such subsequent Advance Notice is delivered to TP LLC prior to December 31, 1996. In the event that the Buyer has not revoked the Advance Notice, or if so, in the event the Buyer has re-delivered an Advance Notice, in either case, the Buyer shall be deemed to have exercised the Option on the Option Exercise Date. As soon thereafter as practicable and subject to satisfaction or waiver of the conditions set forth in Article VII, each of the Sellers shall convey, transfer, sell and assign and the Buyer shall purchase and acquire the Assets on the terms and conditions set forth herein. Notwithstanding the foregoing, if this Agreement is terminated pursuant to Section 8.1, the Buyer shall cease to have the right to exercise the Option, and any Advance Notice which shall have been delivered pursuant to this Section 1.1 shall be void and of no effect.

Buyer Option. 2 2.2 CGI Option ............................................. 2 2.2 Merger upon Triggering Transaction ..................... 3

Buyer Option. Buyer shall have a one (1) month period following the Closing Date in which to conduct additional due diligence regarding the Company and Business ("Due Diligence Period"). If, during the Due Diligence Period, Buyer discovers a Material misrepresentation that is not cured within twenty (20) days from the date in which Buyer notifies Selling Member of same, Buyer shall have the irrevocable and unconditional right to revert the Membership Interest to the Selling Member as if the Membership Interest had not been transferred to Buyer ("Buyer Option"

Buyer Option. NEW ADDITIONAL REFRIGERATOR, WET BAR REFRIGERATOR OR BUILT-IN WINE COOLER (PURCHASE UP TO TWO): EXCLUDED: • Refrigerators with more than one compressor. Multi-media center, racks, shelves, doors, glides, slides, glass interior thermal shells, food spoilage, ice-makers and freezers which are not an integral part of the refrigerator. DOLLAR LIMITS PER SERVICE AGREEMENT: • Cost to diagnose, repair and/replace - $500. Buyer Option ENHANCED HVAC: EXCLUDED: • Water towers, humidifiers, chillers, pre-coolers. Geothermal underground piping, well pumps (and their components). Roof jacks, filters, all components of zone controlled and energy management systems. Free standing units and any type of gas units. Collapsed ductwork. DOLLAR LIMITS PER SERVICE AGREEMENT: • The Enhanced HVAC Option - $1,000. Buyer Option FRESHWATER SWIMMING POOL/SPA EqUIPMENT: EXCLUDED: • Pool sweeps, skimmers, lights, jets, liners, concrete-encased, underground electrical, plumbing or gas lines, cleaning equipment, structural defects, solar equipment, chlorinators, sanitizing system and energy management systems. Water chemistry control equipment and materials, disposable filtration media, heat pump, valve actuator motor, remote control panels and switches. Saltwater circuit board and saltwater cell, unless option purchased. DOLLAR LIMITS PER SERVICE AGREEMENT: • Cost to diagnose, repair and/or replace - $1,000. Buyer Option NEW SALTWATER SWIMMING POOL/SPA EqUIPMENT: EXCLUDED: • All items listed as excluded for Swimming Pool/Spa Equipment as well as salt, panel box, remote controls and dials. DOLLAR LIMITS PER SERVICE AGREEMENT: • Cost to diagnose, repair and/or replace - $1,000. Buyer Option SEPTIC SYSTEM: EXCLUDED: • Lift stations, tile fields and xxxxx beds, insufficient capacity, ground-level clean out, pumping, grinder pumps. Coverage begins 30 days from date of closing. DOLLAR LIMITS PER SERVICE AGREEMENT: • Cost to diagnose, repair and/or replace - $500. Buyer Option WATER SOFTENER: EXCLUDED: • Conditions of insufficient or excessive water, water filters, water purification systems and water softening media. WATER WELL MECHANICAL: Buyer Option EXCLUDED: • Well casing, pressure tank, piping or electrical lines leading to or connecting pressure tank and primary dwelling, holding or storage tanks and re-drilling of well, system/parts utilized for lawn sprinkler systems. Coverage begins 30 days from date of closing. DOLLAR LIMITS PER SERVICE AGREEMENT: • Cost to diagnose, repair and/or r...

Buyer Option. In consideration of $1,000,000 to be paid at the Initial Closing, CGI hereby grants the Buyer the option (the "Buyer Option") to cause the consummation of the Merger. The Buyer Option can be exercised, if at all, only if all of the following conditions are satisfied: (i) the Initial Closing occurs under this Agreement; (ii) neither a Triggering Transaction nor the consummation of an acquisition pursuant to Section 2.5 has previously occurred; and (iii) the Buyer Option is exercised on or before 5:00 p.m. Pacific time on the first anniversary of the date hereof (the "Buyer Expiration Time"). The exclusive method of exercising the Buyer Option shall be by giving notice pursuant to Section 11.4