Exercise Commencement Date Sample Clauses

Exercise Commencement Date. At any time or from time to time after the -------------------------- Exercise Commencement Date, Parent may, at its election, upon two (2) days' notice to the Company, surrender all or a part of the Company Stock Option to the Company, in which event the Company shall pay to Parent, on the day of each such surrender and in consideration thereof, against tender by Parent of an instrument evidencing such surrender, an amount in cash per share of Company Common Stock (the rights to which are surrendered) equal to the excess of (i) the greater of (x) the closing price of the Company's Common Stock on The Nasdaq Stock Market on the date of surrender (or the closing price as reported by any other applicable securities exchange if not listed on The Nasdaq Stock Market, or if not actively traded, the fair market value as determined by investment bankers chosen by the Parent) and (y) the price per Share to be paid in the Third Party Acquisition or tender offer which created the Exercise Commencement Date, if any, over (ii) the Merger Price. If all or a portion of the price per Share to be paid in such Third Party Acquisition or tender offer consists of non-cash consideration, then the price per Share referred to in clause (i) above shall be the cash consideration per Share, if any, plus the fair market value of the non-cash consideration per Share as set forth in such Third Party Acquisition or tender offer or, if not so set forth, as determined by investment bankers chosen by the Parent. Upon exercise of its right to surrender the Company Stock Option or any portion thereof and the receipt by Parent of cash pursuant to this Section 5.5(f), any and all rights of Parent to purchase shares of Company Common Stock with respect to the portion of the Company Stock Option surrendered pursuant to this Section 5.5(f) shall be terminated.
Sample 1
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Exercise Commencement Date. Subject to Clause 13(f) below, the Holder of a Warrant may exercise the purchase rights represented by a Warrant: (i) in the case of a Warrant issued in respect of Exercise Commencement Date A (as denoted on Schedule 1), at any time on or after the Effective Date; (ii) in the case of a Warrant issued in respect of Exercise Commencement Date B (as denoted on Schedule 1), at any time on or after the earliest to occur of: (A) the first date on which the Market Price of the Common Stock is at or above $10.00 per share (such amount, as may be adjusted from time to time pursuant to Clause 13(b), Exercise Trigger Price B) or (B) the first date on which the Company fails to maintain the designation and quotation of the Common Stock on The Nasdaq Stock Market or another national securities exchange or (C) the date of a Fundamental Change Transaction or (D) the date of a Substantial Distribution of Assets; or (iii) in the case of a Warrant issued in respect of Exercise Commencement Date C (as denoted on Schedule 1), at any time on or after the earliest to occur of: (A) the first date on which the Market Price of the Common Stock is at or above $12.00 per share (such amount, as may be adjusted from time to time pursuant to Clause 13(b), Exercise Trigger Price C) or (B) the first date on which the Company fails to maintain the designation and quotation of the Common Stock on The Nasdaq Stock Market or another national securities exchange or (C) the date of a Fundamental Change Transaction or (D) the date of a Substantial Distribution of Assets, (each such date, an Exercise Commencement Date) and, in each case, at any time thereafter, regardless of whether the Market Price of the Common Stock subsequently falls below the values stated above.
Sample 1
Exercise Commencement Date. Subject to Section 8.1 of the Plan, following the Exercise Commencement Date, the applicable portion of the Option shall remain exercisable until it becomes unexercisable under Section 2.4. Once the Option becomes unexercisable, it shall be forfeited immediately.
Sample 1

Related to Exercise Commencement Date

  • Lease Commencement Date The earlier to occur of (i) the date upon which Tenant first commences to conduct business in the Premises, and (ii) the later to occur of (A) November 1, 2018 and (B) the date upon which the Premises are Ready for Occupancy (as that term is defined in Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)).

  • Commencement Date The Subcontractor shall be permitted to begin the Services on ______________________, 20____ (“Commencement Date”).

  • Rent Commencement Date The "Rent Commencement Date" shall be the date that Tenant first uses the Premises or any portion thereof for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive.

  • Vesting Commencement Date Exercise Price per Share: Total Number of Shares Subject to the Option: Total Exercise Price: Expiration Date:

  • COMMENCEMENT/EXPIRATION DATE This agreement is executed as of the date of the last signature and is effective through at which time it will expire. The expiration date is the final date for completion of all work activities under this agreement.

  • Service Commencement Date The date the Transmission Provider begins to provide service pursuant to the terms of an executed Service Agreement, or the date the Transmission Provider begins to provide service in accordance with Section 15.3 or Section 29.1 under the Tariff.

  • Start Date The parental leave must begin no later than 52 weeks after the day the child is born or comes into the custody, care and control of the parent for the first time for provincially or federally regulated employees. The parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the care and control of the parent for the first time.

  • Term Commencement Date The date that the Premises are Ready For Occupancy (as defined in Exhibit D attached hereto), which Term Commencement Date is anticipated to be August 1, 2015. In the event Landlord fails to deliver the Premises to Tenant with the Tenant Improvements Substantially Complete on or before November 1, 2015 ("First Outside Date") as such First Outside Date shall be extended due to Force Majeure delays and Tenant Delays, Tenant will be entitled to one day of free Monthly Base Rent, to be applied after the Term Commencement Date, for each day after such First Outside Date that the Premises are not delivered to Tenant as required hereunder. In the event fails to deliver the Premises to Tenant with the Tenant Improvements Substantially Complete on or before December 1, 2015 ("Second Outside Date"), as such Second Outside Date shall be deemed extended due to Force Majeure delays and Tenant Delays, Tenant may terminate this Lease by delivery of written notice to Landlord no later than that date which is five (5) business days after such Second Outside Date, in which case Landlord will immediately refund all amounts paid by Tenant pursuant to this Lease and Tenant shall have no further obligations to Landlord pursuant to this Lease except for those obligations which expressly survive the expiration or sooner termination of this Lease.

  • Lease Commencement Notwithstanding anything contained herein to the contrary, if Lessor, for any reason whatsoever, including Lessor's negligence except as provided for in Article 27(b), cannot deliver possession of the Premises, as provided for in Article 27(a), to Lessee at the commencement of the agreed Term as set forth in Article 2, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, but in that event, the Term shall be for the full term as specified above to commence from and after the date Lessor shall have delivered possession of the Premises to Lessee or from the date Lessor would have delivered possession of the Premises to Lessee but for Lessee's failure to timely supply to Lessor such drawings and/or information required by Exhibit C or for any other reason attributable to Lessee (herein the "Commencement Date") and to expire midnight of the day immediately preceding Term anniversary of the Commencement Date, and if requested by Lessor, Lessor and Lessee shall, ratify and confirm said Commencement and Expiration Dates by completing and signing Exhibit G attached hereto and made a part hereof.

  • Date of Commencement This Agreement has commenced and shall be deemed to have commenced on and with effect from the date mentioned at the beginning of this Agreement.

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