Buyer’s Option. Notwithstanding anything to the contrary contained herein, Buyer may elect, at its sole discretion, to have the Second Payment and/or the Third Payment paid in the form of the Buyer Shares, by delivering a written notice about Buyer’s exercise of this option (the “Option Exercise Notice”), to Sellers simultaneously with the delivery of the Final 2021 Statement, or the Final 2022 Statement, as the case may be. The number of the Buyer Shares to be issued as payments under this Section 2.6(d) shall be the result of the amount of the Second Payment or the Third Payment, as the case may be, divided by the Subsequent VWAP Price. “
Buyer’s Option. The Company hereby grants to each Buyer a one-time option (the "BUYERS' OPTION") to purchase, (x) up to that principal amount of Additional Notes as is set forth opposite such Buyer's name in column (6) on the Schedule of Buyers and (y) up to that number of Additional Warrants to acquire up to that number of Additional Warrant Shares as is set forth opposite such Buyer's name in column (7) on the Schedule of Buyers by mailing a written notice of such Buyer's exercise of its Buyers' Option (a "BUYERS' OPTION PURCHASE NOTICE") to the Company and the Trustee at any time until the date that is one hundred and eighty (180) days after the Issue Date (as defined in the Indenture) (the date of the closing of any such purchase shall be referred to as a "BUYERS' OPTION PURCHASE DATE"); provided, that, at any time, the Company, with the approval of the Company's board of directors, may elect to terminate the Buyers' Option by delivering a notice to the Buyers stating that (i) the Company has entered into a letter of intent to consummate a transaction or publicly announced such a transaction which is likely to result in a Change of Control with an unaffiliated third-party on an arms' length basis and (ii) the Company has elected to terminate the Buyers' Option (the "OPTION TERMINATION NOTICE"). The Buyers shall not be permitted to exercise the Buyers' Option following the delivery of the Option Termination Notice unless the Company fails to enter into a definitive agreement pursuant to such letter of intent or public announcement within sixty (60) days of the date of the Option Termination Notice (the "STAY PERIOD"). If the Company does enter into such a definitive agreement then the Buyers' Option shall immediately terminate; however, if the Stay Period expires less than thirty (30) days before the date that is one hundred and eighty (180) days after the Issue Date, the Buyers shall be entitled to exercise the Buyers' Option during the period beginning on the expiration of the Stay Period and ending on the date that is thirty (30) days following the expiration of the Stay Period. Upon termination of the Buyers' Option, the Company shall then be deemed to have issued, and shall promptly issue, to each Buyer for no additional consideration 50% of that number of Additional Warrants to acquire up to that number of Additional Warrant Shares as is set forth opposite such Buyer's name in column (7) on the Schedule of Buyers.
Buyer’s Option. If Buyer elects to have a survey performed at the Discharge Port the maximum allowable deviation between the two surveys will be two percent (2%) from the survey reporting the lower short tons. Load Port survey results will be used if no Discharge Port survey is elected. Buyer, Seller or their Agents can witness the survey at Load and Discharge Port.
Buyer’s Option. (a) In the event that approval of the transactions contemplated by this Agreement by the Corporation's stockholders ("Stockholder Approval") is required and prior to the Stockholders Meeting all closing conditions set forth in Article 8 hereof (other than Section 8.01(a)) are satisfied or waived (other than those conditions that by their nature are to be satisfied at the Closing and will in fact be satisfied at the Closing), then at any time within 10 business days of the first date upon which the Corporation notifies Buyer that the closing conditions set forth in Sections 8.01 (other than Section 8.01(a)) and 8.02 (other than conditions that by their nature are to be satisfied at Closing and will in fact be satisfied at Closing) are satisfied or waived, Buyer may elect to purchase from the Corporation at the Closing (the date of which shall be determined as if the closing condition in Section 8.01(a) were satisfied) the largest number of shares of Preferred Stock that it may acquire under applicable NASD rules without Stockholder Approval (rounded down to the nearest hundred shares) ("Initial Shares") and the Purchase Price to be paid therefor shall be appropriately adjusted. In the event that Buyer does so elect and purchases the Initial Shares, the closing of such transaction shall be treated as the Closing for purposes hereof, and dividends shall accrue on the Initial Shares from the Closing Date. Buyer may exercise its rights under this Section 7.06(a) by delivering written notice within the 10 business day period referred to above. If the Initial Shares are purchased, Buyer and the Corporation shall use their best efforts to obtain Stockholder Approval and consummate the Second Closing (as defined below).
Buyer’s Option. The coal shall be delivered to one of the following locations as directed by Buyer (collectively, the "Delivery Point"): (a) F.O.B. railcar at the Cimarron rail loading facility near Madisonville, Kentucky on the Paducah and Louisville Railway; and (b) F.O.B. Sebree Dock, mile point 44 on the Green River. Seller may deliver the coal at a location different from the Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer's generating stations. Any resulting savings in such transportation costs shall be retained by Buyer. Buyer may request to change the Delivery Point to either F.O.B. truck or F.O.B. barge. Upon Buyer's notification to Seller of its desire to change the Delivery Point, Buyer and Seller shall mutually agree in writing upon the change(s) and the time frame wherein such change will take place.
Buyer’s Option. Upon the exercise by Buyer of Buyer’s Option set forth in Article XIX of the Lease Agreement, this Purchase Agreement shall be and become effective without any further act on behalf of Seller or Buyer. The effective date of this Purchase Agreement (the “Effective Date”) shall be the date of Buyer’s delivery of notice to Seller of Buyer’s exercise of the Option, and each of the time periods set forth in this Purchase Agreement shall proceed from the Effective Date. In the event that Buyer elects not to exercise the Option on or before the expiration of the Option Term, this Purchase Agreement shall of no further force and effect.
Buyer’s Option. If the Financial Statements when delivered to Buyer or when audited by Buyer’s accountants show, or within 180 days from the date hereof Buyer discovers the existence of, any liability or liabilities that in the aggregate are equal to or greater than $500,000 that were not disclosed by Seller or KXxxx to Buyer prior to the Closing, Buyer shall have the option to rescind this acquisition deal and terminate this Agreement and all the Ancillary Agreements. Upon Buyer’s notice to Seller of the exercise of this option, Seller and KXxxx agree to return to Buyer all Purchase Price previously paid by Buyer to Seller in the same form as it was paid, and to issue joint instructions to the Escrow Agent to return all Escrow Shares to Buyer, and Buyer shall return the Shares to Seller.
Buyer’s Option. Within one year following the Closing Date, BUYER shall, in its sole discretion, have the option to purchase from SELLER the Reserved Formations (the “Option”). If BUYER elects to exercise the Option, it shall: (i) deliver written notice of its election to exercise to SELLER on or before 5:00 p.m. Mountain Time on the first anniversary of the Closing Date (the “Exercise Notice”). The Exercise Notice shall identify each Lease as to which BUYER elects to exercise the Option; and (ii) pay the consideration for the Leases purchased pursuant to the Option. As to each Lease that BUYER wishes to exercise the Option, it shall pay SELLER an amount equal to the product obtained by multiplying (A) the net leasehold acres covered by the Leases that BUYER is electing to purchase under the Option times ONE THOUSAND EIGHT HUNDRED Dollars ($1,800.00). BUYER shall pay such consideration by wire transfer (to an account designated by SELLER) of immediately available funds.
Buyer’s Option. 4.1 The Buyer has the option to purchase the remaining 81% of invexxxxxxxxxxx.xxx xxxm the Seller for 20,000 shares of the Buyer's publicly traded company payable as follows: three additional 5,000 share blocks, each representing 20%, and one final 5,000 share block, representing 21%, to be dispersed in a timely manner at the discretion of the purchaser on or before March 23/00.
Buyer’s Option. If Seller and Buyer fail to reach an agreement with respect to all of the matters set forth in the 338 Statement of Objections before expiration of the 338 Resolution Period, then Buyer may elect, by notice to Seller, to (A) withdraw the proposal to make the Section 338(g) Election or (B) seek a resolution of any amounts remaining in dispute as provided in Section 2.05(e)(iv).
