Exercise by the Company. Any repurchase by the Company pursuant to this Section 4 shall be exercisable by written notice to the Purchaser or his executor (with a copy to the Escrow Agent) given within the applicable time period, and such notice if given shall constitute an irrevocable offer by the Company to repurchase the Shares covered thereby. Such notice shall set forth the number of Shares to be repurchased and the aggregate repurchase price thereof, as determined by the Board in good faith as of a date no more than ten days prior to such repurchase. Within five days after delivery of such notice, upon delivery by the Escrow Agent to the Company of the Shares being repurchased, together with one or more related stock powers executed by the Purchaser in blank, and upon receipt by the Company of a representation by the Purchaser that he owns the Shares being repurchased, the Company shall pay to the Purchaser in immediately available funds an amount equal to the aggregate repurchase price of the Shares being repurchased. In the event that the Company fails to exercise its repurchase rights hereunder within the stated time periods, all such repurchase rights of the Company shall immediately lapse and no longer apply to the Shares.
Appears in 2 contracts
Samples: Restricted Stock Purchase Agreement (Nextel Partners Inc), Restricted Stock Purchase Agreement (Nextel Partners Inc)
Exercise by the Company. Any repurchase by the Company pursuant to this Section 4 shall be exercisable by written notice to the Purchaser or his executor (with a copy to the Escrow Agent) given within the applicable time period, and such notice if given shall constitute an irrevocable offer by the Company to repurchase the Shares covered thereby. Such notice shall set forth the number of Shares to be repurchased and the aggregate repurchase price thereof, as determined by the Board in good faith as of a date no more than ten days prior to such repurchase. Within five days after delivery of such notice, upon delivery by the Escrow Agent to the Company of the Shares being repurchased, together with one or more related stock powers executed by the Purchaser in blank, and upon receipt by the Company of a representation by the Purchaser that he owns the Shares being repurchased, the Company shall pay to the Purchaser in immediately available funds an amount equal to the aggregate repurchase price of the Shares being repurchased. In the event that the Company fails to exercise its repurchase rights hereunder within the stated time periods, all such repurchase rights of the Company shall immediately lapse and no longer apply to the Shares.
Appears in 2 contracts
Samples: Restricted Stock Purchase Agreement (Nextel Partners Inc), Restricted Stock Purchase Agreement (Nextel Partners Inc)
Exercise by the Company. Any repurchase by the Company pursuant to this Section 4 shall be exercisable by written notice to the Purchaser or his Purchaser's executor (with a copy to the Escrow Agent) given within the applicable time period, and such notice if given shall constitute an irrevocable offer by the Company to repurchase the Shares covered thereby. Such notice shall set forth the number of Shares to be repurchased and the aggregate repurchase price thereof, as determined by the Board Board, with Purchaser abstaining, in good faith as of a date no more than ten days prior to such repurchase. Within five days after delivery of such notice, upon delivery by the Escrow Agent to the Company of the Shares being repurchased, together with one or more related stock powers executed by the Purchaser in blank, and upon receipt by the Company of a representation by the Purchaser that he he/she owns the Shares being repurchased, the Company shall pay to the Purchaser in immediately available funds an amount equal to the aggregate repurchase price of the Shares being repurchased. In the event that the Company fails to exercise its repurchase rights hereunder within the stated time periods, all such repurchase rights of the Company shall immediately lapse and no longer apply to the Sharesrepurchased determined in accordance with this RSPA.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Nextel Partners Inc)