Common use of Call Notice Clause in Contracts

Call Notice. Leucadia (including for the purposes of this Section 12.5, its Permitted Transferees that have become Members) may, by giving written notice (the “Call Notice”) to each of USPB, New Kleinco and/or NBPCo (including for purposes of this Section 12.5, their respective Permitted Transferees that have become Members) at any time during the respective Call Election Period applicable to such Member, elect to purchase from such Member, all or any portion of the Units held by such Member specified in the Call Notice (each such Member to which Leucadia delivers a Call Notice, for purposes of this Section 12.5, a “Called Member”). All Units identified in a Call Notice with respect to a particular Member shall be referred to as “Call Units”. All Call Units referred to in a Call Notice shall be valued pursuant to the provisions of Section 12.5.3 below. Called Members with respect to a particular Call Date are referred to herein as the “Call Member(s)”. By delivering a Call Notice, Leucadia is irrevocably committing to purchase the Call Units from the Called Member. Each Member hereby agrees to be bound by the terms of any Call Notice delivered in accordance with this Agreement.

Call Notice. Leucadia NBM (including including, for the purposes of this Section 12.5, its Permitted Transferees that have become Members) may, upon the occurrence of a Xxxxx Separation Trigger or the Cattle Agreement Trigger, by giving written notice (the “Call Notice”) to each of USPBUSPB or New Kleinco, New Kleinco and/or NBPCo as applicable, (including for purposes of this Section 12.5, their respective Permitted Transferees that have become Members) at any time during following the respective Call Election Period applicable to occurrence of either such MemberTrigger, elect to purchase from such MemberNew Kleinco or USPB, respectively, all or any portion of the Units held by such Member New Kleinco or USPB, respectively, specified in the Call Notice (each such Member to which Leucadia NBM delivers a Call Notice, for purposes of this Section 12.5, a “Called Call Member”). All , and the Units identified in a Call Notice with respect to a particular Member shall be referred to as “Call Units”). All Call Units referred to in a Call Notice shall be valued at Fair Value as determined pursuant to the provisions of Section 12.5.3 below. Called Members with respect to a particular Call Date are referred to herein as the “Call Member(s)”12.5.3. By delivering a Call Notice, Leucadia NBM is irrevocably committing to purchase the Call Units from the Called Call Member. Each Member hereby agrees to be bound by the terms of any Call Notice delivered in accordance with this Agreement.

Call Notice. Leucadia (including for the purposes of this Section 12.5, its Permitted Transferees that have become Members) may, by giving written notice (the “Call Notice”) to each of USPB, New Kleinco and/or NBPCo (including for purposes of this Section 12.5, their respective Permitted Transferees that have become Members) at any time during the respective Call Election Period applicable to such Member, elect to purchase from such Member, all or any portion of the Units held by such Member specified in the Call Notice (each such Member to which Leucadia delivers a Call Notice, for purposes of this Section 12.5, a “Called Member”). All Units identified in a Call Notice with respect to a particular Member shall be referred to as “Call Units”. All Call Units referred to in a Call Notice shall be valued pursuant to the provisions of Section 12.5.3 below. Called Members with respect to a particular Call Date are referred to herein as the “Call Member(s)”. By delivering a Call Notice, Leucadia is irrevocably committing to purchase the Call Units from the Called Member. Each Member hereby agrees to be bound by the terms of any Call Notice delivered in accordance with this Agreement. Any Call Notice delivered under this Section 12.5.2 shall not be effective unless and until Leucadia (in its capacity as a member of National) delivers a Call Notice under the National Restated LLC Agreement for the same percentage of National Units as is the subject of the Call Notice under this Section 12.5.2.

Call Notice. Leucadia NBM (including including, for the purposes of this Section 12.5, its Permitted Transferees that have become Members) may, upon the occurrence of a Xxxxx Separation Trigger or the Cattle Agreement Trigger, by giving written notice (the “"Call Notice”") to each of USPBUSPB or New Kleinco, New Kleinco and/or NBPCo as applicable, (including for purposes of this Section 12.5, their respective Permitted Transferees that have become Members) at any time during following the respective Call Election Period applicable to occurrence of either such MemberTrigger, elect to purchase from such MemberNew Kleinco or USPB, respectively, all or any portion of the Units held by such Member New Kleinco or USPB, respectively, specified in the Call Notice (each such Member to which Leucadia NBM delivers a Call Notice, for purposes of this Section 12.5, a “Called "Call Member”). All ", and the Units identified in a Call Notice with respect to a particular Member shall be referred to as “"Call Units”"). All Call Units referred to in a Call Notice shall be valued at Fair Value as determined pursuant to the provisions of Section 12.5.3 below. Called Members with respect to a particular Call Date are referred to herein as the “Call Member(s)”. By delivering a Call Notice, Leucadia NBM is irrevocably committing to purchase the Call Units from the Called Call Member. Each Member hereby agrees to be bound by the terms of any Call Notice delivered in accordance with this Agreement.