Equipment Purchase Option Sample Clauses

Equipment Purchase Option. Upon the occurrence of a Triggering Event, Purchaser shall have the right, at its option, to purchase any or all of the manufacturing, blending, control and packaging equipment associated with the production of the Product (including operating manuals and instructions and quality control records) in good working condition at 115% of such equipment's net book value (as reflected on the books of Nanophase in accordance with generally accepted accounting principles consistently applied), F.O.B. Nanophase's manufacturing facility. Upon the occurrence of a Triggering Event, Purchaser will also have the right, at its option, to purchase any or all of the inventory of the Product, and work in process or raw materials for the Product, held by Nanophase at a price equal to the cost of such materials, as shown on the books of Nanophase in accordance with generally accepted accounting principles applied on a consistent basis, F.O.B. Nanophase's manufacturing or warehouse facility. Nanophase will provide 80 man hours of technology transfer assistance without charge in connection with any such purchase, and will make additional assistance available to Purchaser at a rate of $60.00 per man hour. Nanophase will deliver equipment purchased under this Section 5.04 to its loading dock in good condition and prepared for crating and transport by Purchaser, and will provide access and cooperation to Purchaser during normal business hours for removal of all assets purchased pursuant to this Section 5.04. Payment will be due from Purchaser within 30 days of the date on which Purchaser takes possession.
Sample 1
AutoNDA by SimpleDocs
Equipment Purchase Option. Upon the occurrence of a Triggering Event under Section 5.01, BASF shall have the right, at its option, to purchase any or all of the manufacturing, blending, control and packaging equipment required for the production of the Product (including operating manuals and instructions and quality control records) in good working condition at the greater of (a) [* * *]% of the original book value of both such purchased equipment and any associated improvements to such equipment, or (b) [* * *]% of such purchased equipment’s net book value (as reflected on the books of Nanophase in accordance with generally accepted accounting principles consistently applied), F.O.B. Nanophase’s manufacturing facility. Upon the occurrence of a Triggering Event, BASF will also have the right, at its option, to purchase any or all of the inventory of the Product, and work in process or raw materials for the Product, held by Nanophase at a price equal to the cost of such materials, as shown on the books of Nanophase in accordance with generally accepted accounting principles applied on a consistent basis, F.O.B. Nanophase’s manufacturing or warehouse facility. Nanophase will provide up to [* * *] man hours of technology transfer assistance without charge in connection with any such purchase, and will make additional assistance available to BASF at a rate of $[* * *].[* * *] per man hour for each Nanophase employee or contractor providing such technical assistance, together with each such person’s reasonable expenses (travel, meals and lodging expenses) incurred by Nanophase. Nanophase will deliver equipment purchased under this Section 5.04 to its loading dock in good condition and prepared for crating and transport by BASF, and will provide access and cooperation to BASF during normal business hours for removal of all assets purchased pursuant to this Section 5.04. Payment will be due from BASF within 30 days of the date on which BASF takes possession. *** CONFIDENTIAL TREATMENT REQUESTED—This confidential portion has been omitted from this document and filed separately with the Commission.
Sample 1
Equipment Purchase Option. Provided that Tenant shall (i) not ------------------------- be in default in the performance of any of the terms, covenants or conditions herein contained on the date the option shall be exercised and on the date title shall be transferred pursuant to this Article, and (ii) that Tenant herein named, or any permitted assignee of Tenant shall be in occupancy of the entire Facility the date the option shall be exercised and on the date title shall be transferred pursuant to this Section, Tenant shall have the option to purchase the Equipment during the Lease Term for Seventy-Five Thousand Dollars ($75,000.00) (the "Purchase Option"). If the Purchase Option is exercised within twelve months of the Term Commencement Date. One Hundred Percent (100%) of all Equipment Rent paid at the time of the exercise of such option shall be credited towards such purchase price.
Sample 1
Equipment Purchase Option. Operator shall have the right to lease from the Owner all the rolling stock equipment, trailers and containers currently utilized by the Transfer Station as set forth on Exhibit A, for up to six (6) months from the date of execution of this Agreement at the rate of $1,000.00 per month. Operator shall have the option to purchase the same equipment, trailers and containers from the Owner at a price mutually agreed upon by both parties. The purchase option will expire six (6) months from the date of execution of this Agreement.
Sample 1
Equipment Purchase Option. At the end of the Term or upon early termination of this Agreement, Lessor shall have the right to purchase the Leased Equipment used exclusively for Lessor's ITFS operation for the then fair market value. Upon payment of said amount, title to such of the Leased Equipment owned by Lessee shall transfer to Lessor and the Leased Equipment shall become the property of Lessor. Any equipment which is used in a shared fashion (such as transmit antenna, decoders, combiners) in providing signals other than Lessor's signals is excluded from this purchase option. The intent of this purchase option is to provide Lessor with the capability to continue to perform on Lessor's ITFS license.
Sample 1
Equipment Purchase Option. From time to time during the Term, upon at least thirty (30) days and no more than two hundred forty (240) days prior written, irrevocable notice to Lessor, Lessee shall have the right (the "Equipment Release Option") to purchase any items(s) of Equipment titled to Lessor specified in Lessee's written notice to Lessor on any Business Day prior to the Expiration Date set forth in such notice (the "Equipment Release Date"), provided, Lessee may not make this election and may not purchase the applicable Equipment unless (a) no Default or Event of Default shall have occurred and be continuing, either on the date the notice is given or on the Equipment Release Date (other than those that will be cured by the payment of the Equipment Release Value for the applicable Equipment) and no Default or Event of Default relating to such Equipment and/or the purchase thereof shall exist immediately after such purchase, (b) on or prior to the date the notice is given (i) Lessee shall have provided to Lessor an invoice respecting the applicable Equipment (such invoice to be in form and substance reasonably satisfactory to Lessor) from the seller of such Equipment documenting the sales price thereof, delivery and installation charges therefor, tax amounts paid therefor and any and all other amounts (both hard costs and soft costs) paid to or for the benefit of such seller respecting such Equipment or (ii) Lessee shall have provided to Lessor other documentation supporting the subject Equipment Release Value (such documentation to be in form and substance reasonably satisfactory to Lessor) to the extent such an invoice as described in the above subsection (b)(i) is not available and (c) Lessee shall have provided to Lessor on or prior to the date the notice is given an officer's certificate from a Responsible Officer respecting the applicable Equipment (such officer's certificate to be in form and substance reasonably satisfactory to Lessor) specifying all amounts described in the preceding subsection (b) and all other amounts funded under the Operative Agreements by any of the Financing Parties respecting such Equipment. (Collectively, respecting the applicable Equipment, the amounts described in such officer's certificate (including without limitation the amounts described in the foregoing subsections (b) and (c)) shall be referred to as the "Equipment Release Value".) With respect to an election by Lessee to exercise its Equipment Release Option, Lessee shall pay to Lessor...
Sample 1
Equipment Purchase Option. If the Customer elects to purchase the Equipment from VitalCall, title to and ownership of the Equipment shall pass to the Customer upon receipt by VitalCall of payment in full of the Equipment Fee. Risk in the Equipment shall pass to the Customer upon delivery to the Customer in accordance with the Agreement.
Sample 1
AutoNDA by SimpleDocs
Equipment Purchase Option 
Sample 1

Related to Equipment Purchase Option

  • EQUIPMENT PURCHASE This Schedule contemplates Lessor's acquisition of Equipment for lease to Lessee, either by one of the first three categories listed below or by providing Lessee with Equipment from the fourth category, in an aggregate value up to the Commitment Amount referred to on the face of this Schedule. If the Equipment acquired is of category (i), (ii), (iii) below, the effectiveness of this Schedule as it relates to those items of Equipment is contingent upon Lessee's acknowledgment at the time Lessor acquires the Equipment that Lessee has either received or approved the relevant purchase documentation between vendor and Lessor for that Equipment.

  • Purchase Options Neither the Property nor any part thereof is subject to any purchase options or other similar rights in favor of third parties.

  • Purchase Option (Check One) ❏ - The Company shall allow the Recipient to void this agreement at any time and release all liability in connection with this agreement by payment to the Company in the amount of US Dollars ($ ). ❏ - The Company does not allow the Recipient to be released of liability from this agreement for any monetary amount or reason whatsoever.

  • Substitute Purchase Warrant In case of any consolidation of the Company with, or share reconstruction or amalgamation of the Company with or into, another corporation (other than a consolidation or share reconstruction or amalgamation which does not result in any reclassification or change of the outstanding Shares), the corporation formed by such consolidation or share reconstruction or amalgamation shall execute and deliver to the Holder a supplemental Purchase Warrant providing that the holder of each Purchase Warrant then outstanding or to be outstanding shall have the right thereafter (until the stated expiration of such Purchase Warrant) to receive, upon exercise of such Purchase Warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or share reconstruction or amalgamation, by a holder of the number of Shares of the Company for which such Purchase Warrant might have been exercised immediately prior to such consolidation, share reconstruction or amalgamation, sale or transfer. Such supplemental Purchase Warrant shall provide for adjustments which shall be identical to the adjustments provided for in this Section 6. The above provision of this Section shall similarly apply to successive consolidations or share reconstructions or amalgamations.

  • Purchase Warrants The Company hereby agrees to issue and sell to the Representative (and/or its designees) on the Closing Date a warrant (“Representative’s Warrant”) for the purchase of an aggregate of [•] shares of Common Stock, representing 4% of the Firm Shares (excluding the Option Shares). The Representative’s Warrant agreement, in the form attached hereto as Exhibit A (the “Representative’s Warrant Agreement”), shall be exercisable, in whole or in part, commencing on a date which is one (1) year after the Closing Date and expiring on the five-year anniversary of the Closing Date at an initial exercise price per share of Common Stock of $[•], which is equal to 125% of the initial public offering price per share of the Firm Shares. The Representative’s Warrant and the shares of Common Stock issuable upon exercise thereof are hereinafter referred to together as the “Representative’s Securities.” The Representative understands and agrees that there are significant restrictions pursuant to FINRA Rule 5110 against transferring the Representative’s Warrant and the underlying shares of Common Stock during the one hundred eighty (180) days after the Effective Date and by its acceptance thereof shall agree that it will not sell, transfer, assign, pledge or hypothecate the Representative’s Warrant, or any portion thereof, or be the subject of any hedging, short sale, derivative, put or call transaction that would result in the effective economic disposition of such securities for a period of one hundred eighty (180) days following the Effective Date to anyone other than (i) an Underwriter or a selected dealer in connection with the Offering, or (ii) a bona fide officer or partner of the Representative or of any such Underwriter or selected dealer; and only if any such transferee agrees to the foregoing lock-up restrictions.

  • Purchase Warrant THIS CERTIFIES THAT, in consideration of funds duly paid by or on behalf of _________ (“Holder”), as registered owner of this Purchase Warrant, to Aytu BioScience, Inc., a Delaware corporation (the “Company”), Holder is entitled, at any time or from time to time from [________________] [DATE THAT IS ONE YEAR FROM THE EFFECTIVE DATE OF THE OFFERING] (the “Commencement Date”), and at or before 5:00 p.m., Eastern time, [____________] [DATE THAT IS FIVE YEARS FROM THE EFFECTIVE DATE OF THE OFFERING] (the ”Expiration Date”), but not thereafter, to subscribe for, purchase and receive, in whole or in part, up to [____] shares of common stock of the Company, par value $0.0001 per share (the “Shares”), subject to adjustment as provided in Section 6 hereof. If the Expiration Date is a day on which banking institutions are authorized by law to close, then this Purchase Warrant may be exercised on the next succeeding day which is not such a day in accordance with the terms herein. During the period ending on the Expiration Date, the Company agrees not to take any action that would terminate this Purchase Warrant. This Purchase Warrant is initially exercisable at $[___] per Share [125% of the price of the Shares sold in the Offering]; provided, however, that upon the occurrence of any of the events specified in Section 6 hereof, the rights granted by this Purchase Warrant, including the exercise price per Share and the number of Shares to be received upon such exercise, shall be adjusted as therein specified. The term “Exercise Price” shall mean the initial exercise price or the adjusted exercise price, depending on the context.

Time is Money Join Law Insider Premium to draft better contracts faster.