Common use of Change in Ownership and Control Clause in Contracts

Change in Ownership and Control. During the life of this Agreement, ------------------------------- if there is a change in the ownership and control of either party, the other party shall have the option of terminating this Agreement immediately by giving written notice thereof within ten days of being notified of the occurrence of such change of control; provided that if a party provides advance notice of a bona fide proposed change of control (including the identity of the principal owners after such change of control occurs) the other party will within ten days provide written notification to the first party as to whether it will exercise such termination right if the change of control occurs. For purposes of this Section 17, a change in the ownership and control of either Buyer or Seller or a parent company of either party shall be deemed to have occurred if and only if and when any one or more persons (excluding existing investors) acting in concert individually or jointly is or becomes a beneficial owner, directly or indirectly, of securities representing more than fifty percent (50%) of the combined voting power of all then outstanding securities of Seller or Buyer or the parent company of either party.

Appears in 1 contract

Samples: Phase Ii Development and Phase Iii Feasibility Study Agreement (Active Power Inc)

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Change in Ownership and Control. During the life of this Agreement, ------------------------------- if there is a change in the ownership and control of either party, the other party shall have the option of terminating this Agreement immediately by giving written notice thereof within ten sixty (60) days of being notified of the occurrence of such change of control; provided that if a party provides advance notice of a bona fide proposed change of control (including the identity of the principal owners after such change of control occurs) the other party will within ten sixty (60) days provide written notification to the first party as to whether it will exercise such termination right if the change of control occurs. For purposes of this Section 1714, a change in the ownership and control of either Buyer or Seller or a parent company of either party party, if appropriate shall be deemed to have occurred if and only if and when any one or more persons (excluding existing investorsowners) acting in concert individually or jointly is or becomes a beneficial owner, directly or indirectly, of securities representing more than fifty thirty-three percent (5033%) of the combined voting power of all the then outstanding securities of Seller or Buyer or the parent company of either party.

Appears in 1 contract

Samples: Purchase Agreement (Active Power Inc)

Change in Ownership and Control. During the life of this Agreement, ------------------------------- if there is a change in the ownership and control of either party, the other party shall have the option of terminating this Agreement immediately by giving written notice thereof within ten (10) days of being notified of the occurrence of such change of control; provided that if a party provides advance notice of a bona fide proposed change of control (including the identity of the principal owners after such change of control occurs) the other party will within ten (10) days provide written notification to the first party as to whether it will exercise such termination right if the change of control occurs. For purposes of this Section 17, a change in the ownership and control of either Buyer or Seller or a parent company of either party shall be deemed to have occurred if and only if and when any one or more persons (excluding existing investors) acting in concert individually or jointly is or becomes a beneficial owner, directly or indirectly, of securities representing more than fifty percent (50%) of the combined voting power of all then outstanding securities of Seller or Buyer or the parent company of either party.

Appears in 1 contract

Samples: Phase Iii Purchase Agreement (Active Power Inc)

Change in Ownership and Control. During the life of this Agreement, ------------------------------- if there is a change in the ownership and control of either party, the other party shall have the option of terminating this Agreement immediately by giving written notice thereof within ten sixty (60) days of being notified of the occurrence of such change of control; provided that if a party provides advance notice of a bona fide proposed change of control (including the identity of the principal owners after such change of control occurs) the other party will within ten sixty (60) days provide written notification to the first party as to whether it will exercise such termination right if the change of control occurs. For purposes of this Section 1713, a change in the ownership and control of either Buyer or Seller or a parent company of either party party, if appropriate shall be deemed to have occurred if and only if and when any one or more persons (excluding existing investorsowners) acting in concert individually or jointly is or becomes a beneficial owner, directly or indirectly, of securities representing more than fifty thirty-three percent (5033%) of the combined voting power of all the then outstanding securities of Seller or Buyer or the parent company of either party.

Appears in 1 contract

Samples: Purchase Agreement (Active Power Inc)

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Change in Ownership and Control. During the life of this Agreement, ------------------------------- if there is a change in the ownership and control of either party, the other party shall have the option of terminating this Agreement immediately by giving written notice thereof within ten days of being notified of the occurrence of such change of control; provided that if a party provides advance notice of a bona fide proposed change of control (including the identity of the principal owners after such change of control occurs) the other party will within ten days provide written notification to the first party as to whether it will exercise such termination right if the change of control occurs. For purposes of this Section 17, a change in the ownership and control of either Buyer or Seller or a parent company of either party shall be deemed to have occurred if and only if and when any one or more persons (excluding existing investors) acting in concert individually or jointly is or becomes a beneficial owner, directly or indirectly, of securities representing more than fifty percent (50%) of the combined voting power of all then outstanding securities of Seller or Buyer or the parent company of either party.

Appears in 1 contract

Samples: Phase Ii Development and Phase Iii Feasibility Study Agreement (Active Power Inc)

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