Common use of Exceptions for Acquisitions to Maintain GSK's Percentage Interest Clause in Contracts

Exceptions for Acquisitions to Maintain GSK's Percentage Interest. (i) In the event that the Company issues Equity Securities (other than pursuant to exercise of options or vesting of restricted shares issued as compensation to directors, officers, employees or consultants of the Company) GSK shall have the right to purchase such Equity Securities at the same price (where the consideration does not consist solely of cash, the fair market value of the non-cash consideration as determined in good faith by the Independent Directors) up to such amount as required to maintain GSK's Percentage Interest at the same level as immediately prior to such issuance to the third party.

Appears in 3 contracts

Samples: Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc)

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Exceptions for Acquisitions to Maintain GSK's Percentage Interest. (i) In the event that the Company issues Equity Securities (other than pursuant to exercise of options or vesting of restricted shares issued as compensation to directors, officers, employees or consultants of the Company) GSK shall have the right to purchase such Equity Securities at the same price (where the consideration does not consist solely of cash, the fair market value of the non-cash consideration as determined in good faith by the Independent Directors) up to such amount as required to maintain GSK's ’s Percentage Interest at the same level as immediately prior to such issuance to the third party.

Appears in 1 contract

Samples: Governance Agreement (Theravance Inc)

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