CONDITIONS TO EXERCISE; EXERCISE PERIOD Sample Clauses

CONDITIONS TO EXERCISE; EXERCISE PERIOD. This Warrant shall be exercisable only if Liebovit shall not have breached its obligations under the Service Agreement. This Warrant shall be exercisable only during the period ("Exercise Period") beginning on the first business day after December 23, 1997 and ending at the close of business on the fifth anniversary of the execution date of this Warrant, at which time any unexercised portion of this Warrant shall expire and become null and void. Notwithstanding anything to the contrary herein, the Company may, at its sole discretion, terminate the Service Agreement and rescind this Warrant if an initial public offering of the Common Stock has not been completed by December 31, 1998 by giving written notice thereof to Liebovit. Immediately upon the giving of such notice, this Warrant shall become null and void.
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CONDITIONS TO EXERCISE; EXERCISE PERIOD. If (i) the Apex Shareholders shall have delivered a Deadlock Notice to the Sumitomo Shareholders pursuant to Section 3.3(b) with respect to a proposed Program and Budget for any calendar year, (ii) such proposed Program and Budget shall have been approved by the affirmative vote of a majority of Directors (or an alternate director for any absent Director), which majority shall not have included a Sumitomo Director (or an alternate director therefor), and (iii) the aggregate Interest Ratio of the members of Sumitomo Control Group that are Sumitomo Interestholders shall be less than 25% solely as a result of the members of the Sumitomo Control Group that are Sumitomo Interestholders not contributing their proportionate share of Additional Post-Commercial Operations Funds under ARTICLE IV pursuant to such proposed Program and Budget or any other Program and Budget in respect of which a Deadlock Notice has been delivered by the Apex Shareholders to the Sumitomo Shareholders (and not as a result of any Sale of Interests or Sumitomo Indirect Interests), then beginning on the date on which all the conditions specified in clauses (i) through (iii) of this Section 3.4(a) shall have been satisfied and ending on the date 180 days thereafter (the “Exercise Period”), the members of the Sumitomo Control Group that are Sumitomo Interestholders shall have the right (the “Put Right”) on no more than one occasion to Sell all, but not less than all, of their Interests, their or their Affiliates’, New Metals Interests and New Cayman Interests and their or their Affiliates’ right, title, and interest in the Transmission Line Loan Documents and in all Defaulting Shareholder Loans made to any Apex Shareholder (collectively, the “Put Interests”) to the Apex Shareholders for a purchase price equal to the Put Price on the terms and conditions of this Section 3.4. The members of the Sumitomo Control Group that are Sumitomo Interestholders may exercise the Put Right by delivering a notice (the “Put Notice”) to the Apex Shareholders during the Exercise Period stating the desire of the members of the Sumitomo Control Group that are Sumitomo Interestholders to Sell all, but not less than all, of the Put Interests to the Apex Shareholders for a purchase price equal to the Put Price on the terms and conditions of this Section 3.4.

Related to CONDITIONS TO EXERCISE; EXERCISE PERIOD

  • Right to Exercise; Exercise Price The Holder shall have the right to exercise this Warrant at any time and from time to time during the period beginning on the Issue Date and ending on the Expiration Date as to all or any part of the shares of Common Stock covered hereby (the “Warrant Shares”). The “Exercise Price” for each Warrant Share purchased by the Holder upon the exercise of this Warrant shall be $2.50, subject to adjustment for the events specified in Section 6 below.

  • Conditions to Exercise The purchase right represented by this Warrant may be exercised at any time, or from time to time, in whole or in part during the term commencing on the date hereof and ending at 5:00 P.M. Pacific time on the tenth anniversary of the date of this Warrant (the “Expiration Date”).

  • Extension of Exercise Period Notwithstanding any provisions of paragraphs (a), (b), (c) or (d) of this Section to the contrary, if exercise of the Option following termination of employment during the time period set forth in the applicable paragraph or sale during such period of the Shares acquired on exercise would violate any of the provisions of the federal securities laws (or any Company policy related thereto), the time period to exercise the Option shall be extended until the later of (i) forty-five (45) days after the date that the exercise of the Option or sale of the Shares acquired on exercise would not be a violation of the federal securities laws (or a related Company policy), or (ii) the end of the time period set forth in the applicable paragraph.

  • Conditions to Exercise of Options In order to enable the Company to comply with the Securities Act of 1933 (the “Securities Act”) and relevant state law, the Company may require the Optionee, the Optionee’s estate, or any Transferee as a condition of the exercising of the Options granted hereunder, to give written assurance satisfactory to the Company that the shares subject to the Options are being acquired for the Optionee’s own account, for investment only, with no view to the distribution of same, and that any subsequent resale of any such shares either shall be made pursuant to a registration statement under the Securities Act and applicable state law which has become effective and is current with regard to the shares being sold, or shall be pursuant to an exemption from registration under the Securities Act and applicable state law. The Options are subject to the requirement that, if at any time the Board shall determine, in its discretion, that the listing, registration, or qualification of the shares of common stock subject to the Options upon any securities exchange or under any state or federal law, or the consent or approval of any governmental regulatory body, is necessary as a condition of, or in connection with the issue or purchase of shares under the Options, the Options may not be exercised in whole or in part unless such listing, registration, qualification, consent or approval shall have been effected.

  • Period of Exercisability Section 3.1 - Commencement of Exercisability ----------- ------------------------------

  • the Exercise Price If the Expiration Date is not a Business Day, then this Warrant may be exercised on the next succeeding Business Day.

  • Right to Exercise Option 3.1 The right to exercise the Option shall terminate forthwith upon the Employee ceasing to be an employee of a Group Company except in the following cases:

  • Cumulative Exercisability To the extent that the Option is vested and exercisable, the Grantee has the right to exercise the Option (to the extent not previously exercised), and such right shall continue, until the expiration or earlier termination of the Option.

  • Vesting; Time of Exercise Except as specifically provided in this Agreement and subject to certain restrictions and conditions set forth in the Plan, the Optioned Shares shall be vested and the Stock Option shall be exercisable as follows:

  • Manner of Exercise (a) The Optionee may exercise this Stock Option only in the following manner: from time to time on or prior to the Expiration Date of this Stock Option, the Optionee may give written notice to the Administrator of his or her election to purchase some or all of the Option Shares purchasable at the time of such notice. This notice shall specify the number of Option Shares to be purchased. Payment of the purchase price for the Option Shares may be made by one or more of the following methods: (i) in cash, by certified or bank check or other instrument acceptable to the Administrator; (ii) through the delivery (or attestation to the ownership) of shares of Stock that have been purchased by the Optionee on the open market or that are beneficially owned by the Optionee and are not then subject to any restrictions under any Company plan and that otherwise satisfy any holding periods as may be required by the Administrator; (iii) by the Optionee delivering to the Company a properly executed exercise notice together with irrevocable instructions to a broker to promptly deliver to the Company cash or a check payable and acceptable to the Company to pay the option purchase price, provided that in the event the Optionee chooses to pay the option purchase price as so provided, the Optionee and the broker shall comply with such procedures and enter into such agreements of indemnity and other agreements as the Administrator shall prescribe as a condition of such payment procedure; (iv) by a “net exercise” arrangement pursuant to which the Company will reduce the number of shares of Stock issuable upon exercise by the largest whole number of shares with a Fair Market Value that does not exceed the aggregate exercise price; or (v) a combination of (i), (ii), (iii) and (iv) above. Payment instruments will be received subject to collection. The transfer to the Optionee on the records of the Company or of the transfer agent of the Option Shares will be contingent upon (i) the Company’s receipt from the Optionee of the full purchase price for the Option Shares, as set forth above, (ii) the fulfillment of any other requirements contained herein or in the Plan or in any other agreement or provision of laws, and (iii) the receipt by the Company of any agreement, statement or other evidence that the Company may require to satisfy itself that the issuance of Stock to be purchased pursuant to the exercise of Stock Options under the Plan and any subsequent resale of the shares of Stock will be in compliance with applicable laws and regulations. In the event the Optionee chooses to pay the purchase price by previously-owned shares of Stock through the attestation method, the number of shares of Stock transferred to the Optionee upon the exercise of the Stock Option shall be net of the Shares attested to.

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