Company's Right. Subject to clause 9.3, where the Client’s Bulk Wheat is Common Stocked, the Company may nominate and identify any particular quantity of Bulk Wheat within a site comprising the Common Stocked Bulk Wheat as being the Client’s Bulk Wheat for the purposes of this Agreement, including, for the purposes of Outturn at the direction of the Client, sale by the Company in exercise of its lien over the Bulk Wheat, allocation of Accidental Loss or Damage between the Client and Other Clients, and the payment of compensation for Accidental Loss or Damage.
Company's Right. For thirty (30) days after receipt of Seller’s notice, the Company shall have the right to purchase the interest which is the subject of the written offer, either at the same price and upon the same terms and conditions as set forth in the written offer.
Company's Right. Pursuant to this Agreement, the Company and its --------------- assignees shall have the right of first refusal to purchase all or any part of a Founder's Offered Stock, if the Company gives written notice of the exercise of such right to a Selling Founder within thirty (30) days (the "Company's Refusal Period") after the date of the Selling Founder's Notice to the Company.
Company's Right of Refusal with respect to Proposed Warrant ----------------------------------------------------------- Transfer. The Company shall have the right to accept (in whole but not in part) -------- or reject a Warrant Purchase Offer within 24 hours (exclusive of weekends and holidays) following receipt of the Proposed Warrant Transfer Notice. If the Company shall accept such Warrant Purchase Offer within the applicable time period specified above, then the Company shall purchase the Warrants specified in the Proposed Warrant Transfer Notice within 10 business days thereafter on the same terms and conditions set forth therein; provided, however, that if the purchase price specified in the Proposed Warrant Transfer Notice is to be paid in cash, then the Company shall deliver the purchase price to the Holder in immediately available funds by federal wire transfer.
Company's Right to De-energise The Company may De-energise a Connection Point:
Company's Right. Subject to clause 9.3, where the Client’s Grain is Common Stocked, the Company may nominate and identify any particular quantity of Grain within a site comprising the Common Stocked Grain as being the Client’s Grain for the purposes of this Agreement, including, for the purposes of Outturn at the direction of the Client, sale by the Company in exercise of its lien over the Grain, allocation of Accidental Loss or Damage between the Client and Other Clients, and the payment of compensation for Accidental Loss or Damage.
Company's Right. The receipt of the Offer by the Company shall give it an option to purchase all (but not less than all) of the Offered Shares at the same price and upon the same terms and conditions set forth in the Offer. However, if the Offer provides for consideration other than solely cash or promissory notes, the Shareholder shall advise the Board of Directors of the nature of the non-monetary consideration. The Board of Directors shall determine in good faith the fair market value of such non-monetary consideration, which determination, if reasonable, shall be conclusive and binding. In such case, the Company shall have the option to purchase the Offered Shares for cash or by promissory note, as set forth in Section 3.1, equal to the fair market value of the non-monetary consideration determined by the Board of Directors.
Company's Right. For ten (10) business days after receipt of Seller's notice, the Company shall have the right to purchase the interest which is the subject of the written offer, either at the same price and upon the same terms and conditions as set forth in the written offer, or at the Purchase Price set forth in Section 7.6 below, and upon the terms and conditions set forth in Section 7.7; but in no event shall the price paid by the Company exceed the Purchase Price determined under Section 7.6.
Company's Right to Elect to Pay Cash or Common Stock. In lieu of delivery of Common Stock by Holdings upon notice of exchange of any Securities (for all or any portion of the Securities), the Company or Holdings may elect to pay Holders surrendering Securities an amount in cash per Security (or a portion of a Security) equal to the Average Sale Price of Common Stock for the five consecutive trading days immediately following either (a) the date of notice of election to deliver cash as described below if the Company has not given notice of redemption, or (b) the Exchange Date, in the case of exchange following the notice of redemption specifying that the Company intends to deliver cash upon exchange, in either case multiplied by the Exchange Rate in effect on that date. Holdings will inform the Holders through the Trustee no later than two business days following the Exchange Date of its election to deliver shares of Common Stock or to pay cash in lieu of delivery of Common Stock, unless the Company has already informed Holders of its election in connection with its optional redemption of the Securities pursuant to Section 3.01 herein. If Holdings elects to deliver all of such payment in Common Stock, the Common Stock will be delivered by Holdings through the Exchange Agent no later than the fifth business day following the Exchange Date. If the Company elects to pay all or a portion of such payment in cash, the payment, including any delivery of Common Stock by Holdings, will be made to Holders surrendering Securities no later than the tenth business day following the applicable Exchange Date. If an Event of Default (other than a default in a cash payment upon exchange of the Securities) has occurred and is continuing, the Company may not pay cash upon exchange of any Security or portion of a Security (other than cash for fractional shares).
Company's Right to Repurchase in Lieu of Issuing Repricing Shares;. (1) Commencing seven Trading Days after giving a Company Repurchase Notice to the Buyer, the Company may elect to repurchase all, but not less than all, Repricing Rights exercised during the Repurchase Period in lieu of issuing shares of Common Stock upon each such exercise. The Company shall repurchase each Repricing Right exercised by paying the Company Repurchase Price to the Buyer for each such Repricing Right within three Business Days after the applicable Exercise Notice is given. The Company may cancel any Company Repurchase Notice effective upon at least two Trading Days' prior notice to the Buyer. Any Exercise Notices submitted after the cancellation of a Company Repurchase Notice shall require the issuance of Repricing Shares in accordance with this Section 3.
