Common use of Closing of the Repurchase Clause in Contracts

Closing of the Repurchase. At the closing of any repurchase to be made pursuant to a Call Notice or a Put Notice, the purchasers of the Executive Securities to be repurchased shall be entitled to receive customary representations and warranties from the sellers of such Executive Securities (including regarding good title to such securities, free and clear of any liens or encumbrances) and to require that signatures be guaranteed by a national bank or reputable securities broker. At the closing of any repurchase to be made pursuant to a Call Notice or a Put Notice, the holders of Executive Securities shall deliver to the LLC (and/or any of its assignees) all certificates (if any) evidencing the Executive Securities to be repurchased, and the LLC (and/or any of its assignees) shall pay for the Executive Securities to be purchased pursuant to the Call Option or the Put Option by delivery of a check or checks or wire transfer(s) of immediately available funds in the aggregate amount of the Repurchase Price for such Executive Securities; and provided that in the event the Board determines in its good faith discretion that the LLC is not in a position to pay in cash all of the Repurchase Price for the Executive Securities to be repurchased by it:

Closing of the Repurchase. At the closing of any repurchase to be made pursuant to a Call Notice or a Put Notice, the purchasers of the Executive Securities to be repurchased shall be entitled to receive customary representations and warranties from the sellers of such Executive Securities (including regarding good title to such securities, free and clear of any liens or encumbrances) and to require that signatures be guaranteed by a national bank or reputable securities broker. At the closing of any repurchase to be made pursuant to a Call Notice or a Put Notice, the holders of Executive Securities shall deliver to the LLC (and/or any of its assignees) all certificates (if any) evidencing the Executive Securities to be repurchased, and the LLC (and/or any of its assignees) shall pay for the Executive Securities to be purchased pursuant to the Call Option or the Put Option by delivery of a check or checks or wire transfer(s) of immediately available funds in the aggregate amount of the Repurchase Price for such Executive Securities; provided that the LLC may pay all or a portion of the Repurchase Price by offsetting amounts outstanding under the Executive Note issued to the LLC hereunder; and provided further that in the event the Board determines in its good faith discretion that the LLC is not in a position to pay in cash all of the Repurchase Price for the Executive Securities to be repurchased by it:

Closing of the Repurchase. At the closing of any repurchase to be made pursuant to a Call Notice or a Put Notice, the purchasers of the Executive Securities to be repurchased shall be entitled to receive customary representations and warranties from the sellers of such Executive Securities (including regarding good title to such securities, free and clear of any liens or encumbrances) and to require that signatures be guaranteed by a national bank or reputable securities broker. At the closing of any repurchase to be made pursuant to a Call Notice or a Put Notice, the holders of Executive Securities shall deliver to the Investors LLC (and/or any of its assignees) all certificates (if any) evidencing the Executive Securities to be repurchased, and the Investors LLC (and/or any of its assignees) shall pay for the Executive Securities to be purchased pursuant to the Call Option or the Put Option by delivery of a check or checks or wire transfer(s) of immediately available funds in the aggregate amount of the Repurchase Price for such Executive Securities; and provided that in the event the Board determines in its good faith discretion that the Investors LLC is not in a position to pay in cash all of the Repurchase Price for the Executive Securities to be repurchased by it: