Common use of EXERCISE OF COMPANY'S CALL Clause in Contracts

EXERCISE OF COMPANY'S CALL. Subject to the provisions of Sections 2 and 3 hereof, Company may exercise Company's Call and purchase from Buyer, and Buyer agrees to sell to Company, all or any portion of the Shares, which amount of Shares that the Company is entitled to purchase pursuant to the Company's Call shall be calculated by (i) dividing the amount of Shares purchased by buyer by thirty-nine (39), and (ii) multiplying the sum of this Section 2(i) by the number of full months remaining until the Note matures (the "Call Amount"). Company's right to exercise Company's Call and purchase the Call Amount shall commence upon the date that: (i) Buyer's employment is terminated by Company for "Cause" or (ii) Buyer terminates his employment without "Good Reason" (collectively, a "Triggering Event"). Company shall have twenty (20) days from a Triggering Event in which to exercise Company's Call by providing notice to Buyer specifying the Call Amount as to which Company's Call is exercised. Company shall be required to purchase the Call Amount as to which Company's Call is exercised within thirty (30) days after notice to Buyer of its exercise of Company's Call.

Appears in 2 contracts

Samples: Stock Issuance Agreement (Naturewell Inc), Stock Issuance Agreement (Naturewell Inc)

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EXERCISE OF COMPANY'S CALL. Subject to the provisions of Sections 2 and 3 hereof, Company may exercise Company's Call and purchase from Buyer, and Buyer agrees to sell to Company, all or any portion of the Shares, which amount of Shares that the Company is entitled to purchase pursuant to the Company's Call shall be calculated by (i) dividing the amount of Shares purchased by buyer by thirty-nine six (3936), and (ii) multiplying the sum of this Section 2(i) by the number of full months remaining until the Note matures (the "Call Amount"). Company's right to exercise Company's Call and purchase the Call Amount shall commence upon the date that: (i) Buyer's employment is terminated by Company for "Cause" or (ii) Buyer terminates his employment without "Good Reason" (collectively, a "Triggering Event"). Company shall have twenty (20) days from a Triggering Event in which to exercise Company's Call by providing notice to Buyer specifying the Call Amount as to which Company's Call is exercised. Company shall be required to purchase the Call Amount as to which Company's Call is exercised within thirty (30) days after notice to Buyer of its exercise of Company's Call.

Appears in 2 contracts

Samples: Stock Issuance Agreement (Naturewell Inc), Stock Issuance Agreement (Naturewell Inc)

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EXERCISE OF COMPANY'S CALL. Subject to the provisions of Sections 2 and 3 hereof, Company may exercise Company's Call and purchase from Buyer, and Buyer agrees to sell to Company, all or any portion of the Shares, which amount of Shares that the Company is entitled to purchase pursuant to the Company's Call shall be calculated by (i) dividing the amount of Shares purchased by buyer by thirty-nine four (3934), and (ii) multiplying the sum of this Section 2(i) by the number of full months remaining until the Note matures (the "Call Amount"). Company's right to exercise Company's Call and purchase the Call Amount shall commence upon the date that: (i) Buyer's employment is terminated by Company for "Cause" or (ii) Buyer terminates his employment without "Good Reason" (collectively, a "Triggering Event"). Company shall have twenty (20) days from a Triggering Event in which to exercise Company's Call by providing notice to Buyer specifying the Call Amount as to which Company's Call is exercised. Company shall be required to purchase the Call Amount as to which Company's Call is exercised within thirty (30) days after notice to Buyer of its exercise of Company's Call.

Appears in 1 contract

Samples: Stock Issuance Agreement (Naturewell Inc)

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