Continuing Option Sample Clauses
Continuing Option. (a) At any time and from time to time after the Initial Continuing Option Exercise Date and thereafter during the Effective Period, the Company shall have the right, but not the obligation (the "Continuing Option"), exercisable by providing written notice thereof (the "Continuing Option Notice") to the Foundation, to purchase from the Foundation all or any portion of the Registrable Securities (the "Continuing Option Securities") at a cash price per share equal to the Continuing Option Price (as defined below in this Section 4(a)). The Continuing Option Notice shall state the number of Continuing Option Securities that the Company shall purchase pursuant to the Continuing Option, the aggregate purchase price therefor, and the closing date of the Company's purchase of the Continuing Option Securities, which shall take place within thirty (30) days of the date of the Continuing Option Notice. The Company shall pay for the Continuing Option Securities that it shall purchase pursuant to the Continuing Option at the closing thereof by wire transfer of immediately available funds to a bank account designated by the Foundation. At such closing, the Foundation shall deliver to the Company a certificate or certificates representing the number of Continuing Option Securities purchased by the Company as specified in the Continuing Option Notice, free and clear of all liens, claims, security interests and other encumbrances. The Company shall be entitled to receive customary representations and warranties from the Foundation regarding such sale of Continuing Option Securities (including representations regarding good title to such shares, free and clear of all liens, claims, security interests and other encumbrances). The term "Continuing Option Price", as used herein, shall mean (i) prior to the consummation of a Demand Registration or an offering pursuant to a Piggy-Back Request, the greater of "A", "B" or "C", and (ii) from and after the consummation of a Demand Registration or an offering pursuant to a Piggy-Back Request, the greater of "A", or "B", where, for purposes of the foregoing clauses (i) and (ii), "A" shall mean the average closing sale price per share of Common Stock on the NYSE during the ten (10) consecutive trading days ending on the date that the Continuing Option Notice with respect to such Continuing Option shall have been provided, "B" shall mean the average closing sale price per share of Common Stock on the NYSE during the ten (10) consecutive ...
Continuing Option. Landlord grants Tenant an option to lease the remaining space in the South wing of the building (approximately 54,585 square feet currently occupied by Kalpana Inc. under sublease from Philips Semiconductors). This option to lease shall be for a lease with terms and condition identical to this lease with the following exception:
1) Base monthly rent shall be $.7765/square foot/month to be paid monthly;
2) The $10.00/square foot tenant improvement allowance and Landlord's maximum contribution to rectification of Code non-conformities ($.3394/square foot) specified in Paragraph 47 shall be decreased to amounts which are proportionate to the number of months of the term for the additional space compared to sixty-six months. Example: if the term for the additional space is fifty months, the amount for tenant improvements shall be $7.576/square foot ($10.00 x 50/66) and Landlord's maximum contribution to rectification of Code non-conformities shall be $.2571/square foot ($.3394 x 50/66);
3) The additional $5.00 per square foot specified in Paragraph 47 for tenant improvements shall be available to Tenant for the same purpose under the same terms and conditions;
4) If the optioned space is vacant at the time of the exercise of the option, early occupancy shall commence immediately and rental and occupancy shall commence 90 days after option exercise. If the space is occupied at the time of exercise of the option, early occupancy shall commence immediately on surrender of the premises by the existing tenant, and rental and occupancy shall commence 60 days thereafter. No rental shall be charged by Landlord during early occupancy periods.
5) The space subject to the option shall be solidly contiguous to the premises under this lease and shall not be less than 18,415 square feet at each option exercise with a natural break with the remaining space considering HVAC, electrical, other utilities, and layout. The remaining space also must be reasonably leasable by Lessor. This continuing option is subject to any right of Diamond Computer Systems, Inc. under its lease with Landlord. This continuing option shall be for the period ending December 31,1996, and shall not be exercisable if the space is under lease or subject to a fully executed letter of intent between Landlord and a third party. It is exercisable by Tenant by written notice to Landlord to be received by Landlord only during the first seven days of each month of the period ending December 31, 1996. To exercis...
Continuing Option. In the event that Boston Beer elects not to accept ----------------- an offer of replacement production capacity for Beer Products made by ▇▇▇▇▇ in connection with a Closure, then, in such event, ▇▇▇▇▇ agrees that its offer of replacement production capacity to Boston Beer (the "Option for Replacement Production") shall remain open until the expiration of *. In the event that Boston Beer fails to elect, during such *, to have Beer Products produced in accordance with the Option for Replacement Production made by ▇▇▇▇▇, then such failure shall be deemed to be a termination of this Agreement solely with respect to production of Beer Products *, and as referred to in the Closure Notice pursuant to which ▇▇▇▇▇ has offered the replacement production capacity. If, on the other hand, Boston Beer should elect, subsequent to Closure but prior to expiration of the Option for Replacement Production, to have ▇▇▇▇▇ produce Beer Products in accordance with the replacement production capacity outlined in the Option for Replacement Production, then, in such event, Boston Beer shall be responsible for all Incremental Costs with no Contribution Allocation (as hereinafter defined) to be credited against Incremental Costs. Nothing contained in this subsection (c) shall require ▇▇▇▇▇ to refrain from Closing a Brewery.
Continuing Option. Upon exit of MWSS from the Contractual Joint Venture under Section 7.05 of this Agreement, MWSS shall grant the Consortium the right to match the said superior or more advantageous offer of a third party to purchase the Participation Interest of MWSS, within the period of thirty (30) days from receipt of notice from MWSS of the results of the competitive selection. In the event the Consortium so exercises its right to match the offer for the purchase of the said Participation Interest, MWSS shall award the sale of its Participation Interest to the Consortium, and upon receipt of the price reasonably agreed upon by the parties, by appropriate deed, sell, transfer, and convey the Participation Interest to the Consortium. For the avoidance of doubt, the Parties hereby acknowledge and agree that no right, title or interest in the properties of MWSS shall pass to the buyer of the Participation Interest of MWSS, and MWSS shall continue to be liable for the obligations in connection with such properties not covered by its Participation Interest even after the said transfer, including its undertakings under Section 4.01.
Continuing Option. If Bartech exercises this Option for less than the ------------------ full number of Option Shares then available for exercise, this Option and this Agreement shall thereafter represent the right to acquire the remaining number of Option Shares not previously acquired hereunder.
Continuing Option. Until the earlier of (a) three (3) years after the commencement Date or (b) Landlord's receipt of a written notice from Tenant that Tenant irrevocably waives its rights hereunder to acquire the Additional Premises, Landlord shall keep in full force and effect, and do all things required of Landlord to maintain as operative, the Land Sale and Option Agreement as it pertains to the remaining 4.5 acres of Land ("Second Parcel") on which the Additional Premises will be constructed if Tenant shall exercise its option to expand as provided in this Lease. Tenant shall reimburse Landlord for any money expended to keep the option in effect.
Continuing Option. (i) In addition to any other rights set out in this Agreement, at any time after First Commercial Power of the LIL, Nalcor LP shall have, at its sole discretion, but subject to Section 5.15(c)(ii), the following options:
(A) the option to require that Emera NL retire as a Limited Partner, which shall be effected pursuant to and in accordance with Section
(B) the option to acquire, directly or through one or more Affiliates (collectively, in this Section, the “Purchasers”), all but not less than all of the Partnership Interest owned by Emera NL for a price, payable in money, consisting of an initial payment of $1.00 plus earnout payments (the “Earnouts”) for the remainder of the Service Life, dependent on the Distributions received in each Fiscal Year by the Purchasers on the Class B Limited Units acquired by the Purchasers from Emera NL, provided that such purchase price and the Earnouts shall be reduced by any amounts then owing by Emera NL to the Partnership and any amounts owing by Emera or Emera NL under this Agreement or the LIL LP Agreement at such time. The Earnouts shall be payable to Emera NL by the Purchasers in accordance with the principles set out in Section 5.15(c)(ii);
(C) the option to acquire, directly or through one or more Affiliates (collectively, in this Section, the “Purchasers”), all but not less than all of the Partnership Interest owned by Emera NL for a price, payable by:
(1) an initial payment of $1.00; plus
(2) the delivery to Emera NL of a promissory note with a principal amount equal to the balance in the Capital Account of the Class B Limited Units owned by Emera NL and providing for a rate of interest such that the promissory note shall require the Purchasers to make payments to Emera NL for the remainder of the Service Life (subject to Section 5.15(b)(ii)) dependent on the Distributions received in each Fiscal Year by the Purchasers on the Class B Limited Units acquired by the Purchasers from Emera NL, with the payments under such note to be payable to Emera NL by the Purchasers in accordance with the principles set out in Section 5.15(c)(ii), provided that such purchase price and such payments shall be reduced by any amounts then owing by Emera NL to the Partnership and any amounts owing by Emera or Emera NL under this Agreement or the LIL LP Agreement at such time; and
(D) the option to acquire all but not less than all of the Partnership Interest owned by Emera NL for a price and otherwise on terms and conditions as may ...