Delivery of Optional Purchase Notice Sample Clauses

Delivery of Optional Purchase Notice. At any time during the Commitment Period following the Second Effective Date, the Company may deliver written notices to the Investor Agent (each such notice hereinafter referred to as an "Optional Purchase Notice") setting forth the Investment Amount, subject to the limitations imposed by Sections 2.3 and 3.2 herein, which the Company proposes to draw down. Any Optional Purchase Notice shall be revocable at the Company's option. The Company may not deliver an Optional Purchase Notice to the Investor Agent if the events described in Section 2.7 occur or if the conditions set forth in Article III are not satisfied. If any of the events described in Section 2.7 occur on or after the date on which an Optional Purchase Notice is given, but prior to the closing of the transaction on the Closing Date associated with such Optional Purchase Notice, or if the conditions set forth in Article III are not satisfied as of the Closing Date (subject to any extension as mutually agreed by the Company and the Investor Agent), such Optional Purchase Notice shall be null, void and of no further force or effect.
AutoNDA by SimpleDocs
Delivery of Optional Purchase Notice. At any time during the Commitment Period, the Company may deliver written notices to the Investor
Delivery of Optional Purchase Notice. At any time and from time to time during the Optional Purchase Period, the Investor may deliver a written notice to the Company (each such notice hereinafter referred to as an "Optional Purchase Notice") setting forth the Investment Amount, subject to the limitations imposed by Sections 2.1 and 3.2(l) herein, which the Investor intends to purchase from the Company. The Investor may not deliver an Optional Purchase Notice to the Company if the conditions set forth in Section 2.1(b)(i) are not satisfied or if the events described in Section 2.6 occur, or if a dispute exists between the Investor and the Company pursuant to Section 3.3 or if the conditions set forth in Article III are not satisfied. If such Optional Purchase Notice does not comply with Section 2.1(b)(i), any of the events described in Section 2.6 occur, a dispute exists between the Investor and the Company pursuant to Section 3.3 or if the conditions set forth in Article III are not satisfied, on or after the date on which an Optional Purchase Notice is given but prior to the closing of the transaction on the Closing Date associated with such Optional Purchase Notice, such Optional Purchase Notice shall be null, void and of no further force or effect.
Delivery of Optional Purchase Notice. At any time during the Commitment Period following the Purchase Eligibility Date, the Company may deliver written notices to the Purchasers (each such notice hereinafter referred to as an "Optional Purchase Notice") setting forth the Investment Amount, subject to the limitations imposed by Sections 3.2(m), 3.2(n), 3.2(o) and 3.2(p) herein, which the Company intends to sell to the Purchasers. The Company may not deliver an Optional Purchase Notice to the Purchasers (i) prior to the Purchase Eligibility Date, (ii) if the events described in Section 2.4 occur, or (iii) if any of the conditions set forth in Article III are not satisfied. If any of the events described in Section 2.4 occur on or after the date on which an Optional Purchase Notice is given, but prior to the closing of the transaction on the Closing Date associated with such Optional Purchase Notice, or if the conditions set forth in Article III are not satisfied, such Optional Purchase Notice shall be null, void and of no further force or effect.
Delivery of Optional Purchase Notice. At any time and from time to time during the Commitment Period, the Investor may deliver a written notice to the Company (each such notice hereinafter referred to as an "Optional Purchase Notice") setting forth the Investment Amount, subject to the limitations set forth in Sections 2.1 and 3.2(l) herein, which the Investor intends to purchase from the Company. The Investor may not deliver an Optional Purchase Notice to the Company if there is an Adverse Event on the date on which an Optional Purchase Notice is given, and in addition, should an Adverse Event occur after such date but prior to the closing of the transaction on the Closing Date associated with such Optional Purchase Notice, such Optional Purchase Notice shall be null, void and of no further force or effect. (d) Date of Delivery of a Mandatory Purchase Notice, an Additional Purchase Notice or an Optional Purchase Notice.
Delivery of Optional Purchase Notice. An Optional Purchase Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon New York time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon New York time on a Trading Day or at any time on a day which is not a Trading Day. No Optional Purchase Notice may be deemed delivered, on a day that is not a Trading Day.

Related to Delivery of Optional Purchase Notice

  • Delivery of Fundamental Change Repurchase Notice and Notes to Be Repurchased To exercise its Fundamental Change Repurchase Right for a Note following a Fundamental Change, the Holder thereof must deliver to the Paying Agent:

  • Purchase Notice Revolving Creditors shall have the option to purchase from the Term Loan Creditors all but not less than all of the Term Loan Obligations at any time following (i) Term Loan Agent or Term Loan Creditors have accelerated the maturity of all or a material portion of the Term Loan Obligations, (ii) the commencement of an Enforcement Action by Term Loan Agent with respect to a material portion of the Term Loan Priority Collateral, (iii) the commencement of any Insolvency Proceeding, or (iv) the extension of the final maturity date of the Term Loan Obligations. The Term Loan Agent shall promptly deliver to the Revolving Agent notice of the first to occur of the events described in clauses (i), (ii), (iii) or (iv) of this paragraph (a). Revolving Agent (on behalf of the exercising Revolving Creditors (the “Term Obligations Purchaser”)) shall exercise this option by giving written notice (the “Revolving Agent’s Purchase Notice”) of its election to Term Loan Agent within ten (10) Business Days following the delivery of such notice. The Revolving Agent’s Purchase Notice, once delivered, shall be irrevocable and shall not be subject to withdrawal or rescission.

  • Optional Purchase (a) On any Distribution Date on which the sum of the Class A Note Balance plus the Class B Note Balance plus the Class C Note Balance has been or will, after giving effect to the application of Available Funds on such Distribution Date, be less than or equal to 10% of the sum of the initial Class A Note Balance plus the initial Class B Note Balance plus the initial Class C Note Balance, the Servicer shall have the option, upon no less than twenty (20) days prior written notice prior (or such lesser number of days permissible by the Clearing Agency and reasonably acceptable to the Indenture Trustee) to the related Distribution Date to the Issuer, the Trust Collateral Agent, the Owner Trustee, the Indenture Trustee and the Rating Agencies, to reacquire the Trust Property, other than the Trust Accounts. The Indenture Trustee shall provide notice of the Optional Purchase to the Noteholders within 5 Business Days of its receipt of the Servicer’s notice. To exercise such option, the Servicer shall deposit pursuant to Section 5.04 in the Collection Account an amount equal to: (x) the aggregate Purchase Amount for the Loans, plus (y) the fair market value of any other property held by the Trust (other than the Trust Accounts), plus (z) sufficient funds to pay interest on the Notes through the date of redemption after giving effect to the application of Available Funds on such date. Notwithstanding the foregoing, the Servicer shall not exercise such option unless the purchase price paid by the Servicer and other funds held by the Issuer are sufficient to pay the full amount of principal and interest due and payable on each class of the Notes, and all amounts due and payable to the Indenture Trustee, the Trust Collateral Agent, the Backup Servicer and the Owner Trustee under the Basic Documents. Upon such deposit the Servicer shall succeed to all interests in and to the Trust (other than the Trust Accounts).

  • Date of Delivery of Advance Notice An Advance Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by the Investor if such notice is received prior to 12:00 noon Eastern Time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Time on a Trading Day or at any time on a day which is not a Trading Day. No Advance Notice may be deemed delivered on a day that is not a Trading Day.

  • Repurchase Notice The Company may elect to purchase all or any portion of the Covered Units subject to repurchase pursuant to Section 1.5 above by sending written notice (a “Repurchase Notice”) to Recipient (or the holder of such Units) within one hundred eighty (180) days of (i) if Section 1.5(b) applies, the date of the termination of Recipient’s service on the Board, (ii) if Section 1.5(c) applies, the discovery by the Company of Recipients’ breach of any Restrictive Covenants, or (iii) if Section 1.5(d) applies, the discovery by the Company of Recipient’s competition with the Company or of the event giving rise to the Board Determined Cause Event. Such a Repurchase Notice shall specify the closing date for the repurchase by the Company of the Covered Units being repurchased by the Company, which date shall be not less than thirty (30) days nor more than ninety (90) days after the determination of Fair Market Value of such Covered Units (to the extent Cost is not the applicable purchase price). In the event the Company repurchases any Covered Units in accordance with this Agreement, Recipient (or other holder of such Covered Units) shall not have the right to receive any distributions from the Company or allocations of Company income or loss for any period after the effective date of termination of service on the Board (if Section 1.5(b) applies) or the date on which the Company discovers a breach of covenants, competition with the Company or event giving rise to the Board Determined Cause Event, as applicable, if Section 1.5(c) or Section 1.5(d) applies.

  • DATE OF DELIVERY OF PUT NOTICE A Put Notice shall be deemed delivered on (i) the Trading Day it is received by facsimile or otherwise by Investor if such notice is received on or prior to 12:00 noon New York time, or (ii) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon New York time on a Trading Day or at anytime on a day which is not a Trading Day.

  • Delivery of Option Shares The Company shall deliver a certificate for the Option Shares to the Employee as soon as practicable after payment therefor.

  • Delivery of Shares Tendered in Payment of Purchase Price If the Optionee exercises this option by delivery of shares of Common Stock of the Company, the certificate or certificates representing the shares of Common Stock of the Company to be delivered shall be duly executed in blank by the Optionee or shall be accompanied by a stock power duly executed in blank suitable for purposes of transferring such shares to the Company. Fractional shares of Common Stock of the Company will not be accepted in payment of the purchase price of shares acquired upon exercise of this option.

  • Additional Purchase Price The purchase price for the Additional Shares (the "Additional Purchase Price") shall be an amount equal to (i) the difference between (1) the aggregate proceeds to Purchaser from the sale of the Optional Securities and (2) the aggregate cost to Purchaser, as notified by Purchaser to Seller at the Second Time of Delivery, of the Additional STRIPS, multiplied by (ii) a fraction, the numerator of which is the Firm Share Base Amount and the denominator of which is the number of Firm Securities.

  • Withdrawal of Fundamental Change Purchase Notice A Fundamental Change Purchase Notice may be withdrawn (in whole or in part) by means of a written notice of withdrawal delivered to the Paying Agent in accordance with the Fundamental Change Company Notice, as applicable, at any time prior to the Fundamental Change Expiration Time, as applicable, specifying:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!