Call Feature. The Administrator shall have the right to call any Participant loan once a Participant's employment with all Related Companies has terminated or if the Plan is terminated.
Call Feature. (a) In the event that the closing bid price of the Company's Common Stock on the Nasdaq Small Cap Market equals or exceeds, for a period of twenty consecutive trading days after the expiration of the first anniversary date of this Warrant, $8.50 per share until the day preceding the second anniversary of the date of this Warrant, $9.50 per share from the second anniversary of the date of this Warrant until the day preceding the third anniversary of the date of this Warrant, and $10.50 per share thereafter, the Company may call this Warrant, in whole or in part, at a price of $.01 per share of Common Stock subject to the Warrant (the "Call Price"), ending within five (5) days from the date notice of call is given pursuant to Section 4(b) hereof.
Call Feature. On any Business Day on or after August 30, 2002, the Corporation may notify the holders of the Notes that it intends to call the Notes, in whole but not in part, at the Face Amount (plus any accrued and unpaid interest) on the date that is 15 calendar days after the date of such announcement.
Call Feature. The Administrator shall call any Participant loan after a Participant's employment with all Related Companies has terminated or if the Plan is terminated, except that with regard to a Participant loan transferred to this Plan from the First Interstate Bancorp Employee Savings Plan on behalf of a Participant who at the time of transfer was not an Employee (or such loan would not have otherwise been called pursuant to the terms of the First Interstate Bancorp Employee Savings Plan or any loan policy related thereto), the Administrator shall have the right to call the Participant's loan upon the earliest of a determination that the loan is in default, the Participant's commencement of distribution in accordance with Section 11 or termination of the Plan.
Call Feature. The Company may call the Warrants in the event that the closing price of the Common Stock is at least 100 % of the Unit Price for five (5) consecutive trading days. EXHIBIT B April 6, 2006 Xxxxxxx Investment Company, Inc. 000 XX Xxxxx Parkway Portland, Oregon 97204 Gentlemen: In connection with our engagement of Xxxxxxx Investment Company, Inc. ("Xxxxxxx") as our placement agent, we hereby agree to indemnify and hold harmless Xxxxxxx and its affiliates, and the respective controlling persons, directors, officers, shareholders, agents and employees of any of the foregoing (collectively the "Indemnified Persons"), from and against any and all claims, actions, suits, proceedings (including those of shareholders), damages, liabilities and expenses incurred by any of them (including the reasonable fees and expenses of counsel), (collectively a "Claim"), which are (A) related to or arise out of (i) any actions taken or omitted to be taken (including any untrue statements made or any statements omitted to be made) by the Company, or (ii) any actions taken or omitted to be taken by any Indemnified Person in connection with our engagement of Xxxxxxx, or (B) otherwise relate to or arise out of Xxxxxxx'x activities on our behalf under Xxxxxxx'x engagement, and we shall reimburse any Indemnified Person for all expenses (including the reasonable fees and expenses of counsel) incurred by such Indemnified Person in connection with investigating, preparing or defending any such claim, action, suit or proceeding, whether or not in connection with pending or threatened litigation in which any Indemnified Person is a party. We will not, however, be responsible for any Claim, which is finally judicially determined to have resulted from the gross negligence or willful misconduct of any person seeking indemnification hereunder. We further agree that no Indemnified Person shall have any liability to us for or in connection with our engagement of Xxxxxxx except for any Claim incurred by us as a result of any Indemnified Person's gross negligence or willful misconduct. We further agree that we will not, without the prior written consent of Paulson, settle, compromise or consent to the entry of any judgment in any pending or threatened Claim in respect of which indemnification may be sought hereunder (whether or not any Indemnified Person is an actual or potential party to such Claim), unless such settlement, compromise or consent includes an unconditional, irrevocable release of e...
Call Feature. (a) The Holder of this Warrant shall be subject to the following call rights: the Warrants may be callable at $0.01 per Warrant Share upon the consummation of a Company financing with (i) a per share offering price of at least $8.00 and (ii) net proceeds to the Company of at least $15 million.
Call Feature. The Administrator shall have the night to call any Participant loan once a Participant's employment with all Related Companies has terminated, unless he on she is otherwise a party in interest (as defined in ERISA section 3(14)), or if the Plan is terminated.
Call Feature. Lender may, at its option call the outstanding balance of principal and accrued unpaid interest due under the Bridge Loan facility at any time after March31, 2000.
Call Feature. If at any time prior to the Warrant Expiration Date, the closing price of the Common Stock shall for ten (10) consecutive trading days equal or exceed an average price per share (non-weighted) of Eight and 25/100 Dollars ($8.25), then within thirty (30) days following the end of any such period (the "Call Period"), the Company shall have the option to repurchase this Warrant at the per Warrant price of $0.25 (the "Call Option"). To exercise the Call Option under this Section 1.2, the Company must provide written notice of such intent to the Holder on or prior to expiration of the Call Period (the "Call Notice"). Notwithstanding such Call Notice, the Holder shall still have the right to exercise this Warrant in accordance with the provisions of Section 1.4; provided, however, that such exercise occurs within twenty (20) days of the date of the Call Notice.
