Exercise of Put Right. (i) The applicable Put Rights may be exercised individually by each BGLH Guarantee Holder, Lineage REIT and Lineage OP during its applicable Put Exercise Windows in accordance with Section 1(a) by delivering to Lineage REIT, Lineage OP and/or Lineage Holdings, as applicable, a notice in writing (a “Put Exercise Notice”) indicating such BGLH Guarantee Holder’s, Lineage REIT’s and/or Lineage OP’s intention to exercise the applicable Put Right and specifying the applicable Primary Put Securities, Secondary Put Securities or Tertiary Put Securities for which the Put Rights are being exercised and the amounts and forms of exercise. Notwithstanding the foregoing: (A) if BGLH has incurred any BGLH Guarantee Obligations pursuant to any exercise of rights by a BGLH Guarantee Holder served upon BGLH during the applicable Put Exercise Window, the Parties shall each have an additional 60 days after the applicable Put Exercise Window to deliver a Put Exercise Notice; (B) if Lineage OP has incurred any Lineage OP Guarantee Obligations pursuant to any exercise of rights by a Lineage OP Guarantee Holder served upon Lineage OP during the applicable Put Exercise Window, the Parties shall each have an additional 60 days after the applicable Put Exercise Window to deliver a Put Exercise Notice; and (C) the Secondary Put Right corresponding to a Primary Put Right, and the Tertiary Put Right corresponding to such Secondary Put Right, each shall be deemed to have been exercised with or without any Put Exercise Notice if the applicable Primary Put Right has been exercised.
Appears in 2 contracts
Samples: Put Option Agreement (Lineage, Inc.), Put Option Agreement (Lineage, Inc.)
Exercise of Put Right. If at any time on or after March 31, 2010 the Company's Common Stock is not listed on at least one of The American Stock Exchange, Inc., the NASDAQ National Market, the NASDAQ SmallCap Market, The New York Stock Exchange, Inc. or the OTC Bulletin Board, each Holder shall have the right (ia "Put Right") The applicable Put Rights may be exercised individually beginning on March 31, 2010 and continuing for a period of two (2) years thereafter, to require that the Company purchase all or any portion of the Warrant or Shares then owned by each BGLH Guarantee Holder, Lineage REIT and Lineage OP during its applicable Put Exercise Windows such Holder in accordance with this Section 1(a) 10, by delivering delivery of a written notice to Lineage REIT, Lineage OP and/or Lineage Holdings, as applicable, the Company to the effect that such Holder is exercising a notice in writing Put Right under this Section 10 (a “"Put Exercise Notice”) indicating such BGLH Guarantee Holder’s, Lineage REIT’s and/or Lineage OP’s intention to exercise "). Upon receipt by the applicable Put Right and specifying the applicable Primary Put Securities, Secondary Put Securities or Tertiary Put Securities for which the Put Rights are being exercised and the amounts and forms Company of exercise. Notwithstanding the foregoing: (A) if BGLH has incurred any BGLH Guarantee Obligations pursuant to any exercise of rights by a BGLH Guarantee Holder served upon BGLH during the applicable Put Exercise Window, the Parties shall each have an additional 60 days after the applicable Put Exercise Window to deliver a Put Exercise Notice; (B) if Lineage OP has incurred any Lineage OP Guarantee Obligations pursuant to any exercise of rights by a Lineage OP Guarantee Holder served upon Lineage OP during the applicable Put Exercise Window, the Parties shall Company will promptly (and in any event within five (5) business days) give written notice (a "Company Notice") to each have an additional 60 days after of the applicable Put Exercise Window other Holders, if any, and to deliver the holders of the Petra Warrant, the Laddcap Warrant, and the Additional Warrants, if any, that a Put Exercise Notice; and (C) Notice has been received by the Secondary Company. Each such other Holder will have the right to exercise a Put Right corresponding and require the Company to a Primary purchase (on the same Put Right, and Closing Date (as defined below) relating to the Tertiary Put Right corresponding Exercise Notice) all or any portion of the Warrant or Shares held by such Holder by delivering written notice to the Company within ten (10) days following receipt of the Company Notice. All such Secondary Put Right, each shall notices delivered by such other Holders will be deemed to have been exercised with or without any delivered as of the date of the Put Exercise Notice if the applicable Primary and will be deemed to be an exercise of a Put Right has been exercised.by each such other Holder as of such date. Upon the exercise of a Put Right by a Holder, the purchase price payable by the Company to such Holder (a "Put Purchase Price") shall be as follows:
Appears in 1 contract
Samples: Stock Purchase Warrant (Home Solutions of America Inc)
Exercise of Put Right. If at any time on or after March 31, 2010 the Company's Common Stock is not listed on at least one of The American Stock Exchange, Inc., the NASDAQ National Market, the NASDAQ SmallCap Market, The New York Stock Exchange, Inc. or the OTC Bulletin Board, each Holder shall have the right (ia "Put Right") The applicable Put Rights may be exercised individually beginning on March 31, 2010 and continuing for a period of two (2) years thereafter, to require that the Company purchase all or any portion of the Warrant or Shares then owned by each BGLH Guarantee Holder, Lineage REIT and Lineage OP during its applicable Put Exercise Windows such Holder in accordance with this Section 1(a) 10, by delivering delivery of a written notice to Lineage REIT, Lineage OP and/or Lineage Holdings, as applicable, the Company to the effect that such Holder is exercising a notice in writing Put Right under this Section 10 (a “"Put Exercise Notice”) indicating such BGLH Guarantee Holder’s, Lineage REIT’s and/or Lineage OP’s intention to exercise "). Upon receipt by the applicable Put Right and specifying the applicable Primary Put Securities, Secondary Put Securities or Tertiary Put Securities for which the Put Rights are being exercised and the amounts and forms Company of exercise. Notwithstanding the foregoing: (A) if BGLH has incurred any BGLH Guarantee Obligations pursuant to any exercise of rights by a BGLH Guarantee Holder served upon BGLH during the applicable Put Exercise Window, the Parties shall each have an additional 60 days after the applicable Put Exercise Window to deliver a Put Exercise Notice; (B) if Lineage OP has incurred any Lineage OP Guarantee Obligations pursuant to any exercise of rights by a Lineage OP Guarantee Holder served upon Lineage OP during the applicable Put Exercise Window, the Parties shall Company will promptly (and in any event within five (5) business days) give written notice (a "Company Notice") to each have an additional 60 days after of the applicable Put Exercise Window other Holders, if any, and to deliver the holders of the Petra Warrant, the Laddcap Warrant, and the Initial Patriot Warrant, if any, that a Put Exercise Notice; and (C) Notice has been received by the Secondary Company. Each such other Holder will have the right to exercise a Put Right corresponding and require the Company to a Primary purchase (on the same Put Right, and Closing Date (as defined below) relating to the Tertiary Put Right corresponding Exercise Notice) all or any portion of the Warrant or Shares held by such Holder by delivering written notice to the Company within ten (10) days following receipt of the Company Notice. All such Secondary Put Right, each shall notices delivered by such other Holders will be deemed to have been exercised with or without any delivered as of the date of the Put Exercise Notice if the applicable Primary and will be deemed to be an exercise of a Put Right has been exercised.by each such other Holder as of such date. Upon the exercise of a Put Right by a Holder, the purchase price payable by the Company to such Holder (a "Put Purchase Price") shall be as follows:
Appears in 1 contract
Samples: Stock Purchase Warrant (Home Solutions of America Inc)
Exercise of Put Right. If at any time on or after March 31, 2010 the Company's Common Stock is not listed on at least one of The American Stock Exchange, Inc., the Nasdaq National Market, the Nasdaq SmallCap Market, The New York Stock Exchange, Inc. or the OTC Bulletin Board, each Holder shall have the right (ia "Put Right") The applicable Put Rights may be exercised individually beginning on March 31, 2010 and continuing for a period of two (2) years thereafter, to require that the Company purchase all or any portion of the Warrant or Shares then owned by each BGLH Guarantee Holder, Lineage REIT and Lineage OP during its applicable Put Exercise Windows such Holder in accordance with this Section 1(a) 10, by delivering delivery of a written notice to Lineage REIT, Lineage OP and/or Lineage Holdings, as applicable, the Company to the effect that such Holder is exercising a notice in writing Put Right under this Section 10 (a “"Put Exercise Notice”) indicating such BGLH Guarantee Holder’s, Lineage REIT’s and/or Lineage OP’s intention to exercise "). Upon receipt by the applicable Put Right and specifying the applicable Primary Put Securities, Secondary Put Securities or Tertiary Put Securities for which the Put Rights are being exercised and the amounts and forms Company of exercise. Notwithstanding the foregoing: (A) if BGLH has incurred any BGLH Guarantee Obligations pursuant to any exercise of rights by a BGLH Guarantee Holder served upon BGLH during the applicable Put Exercise Window, the Parties shall each have an additional 60 days after the applicable Put Exercise Window to deliver a Put Exercise Notice; (B) if Lineage OP has incurred any Lineage OP Guarantee Obligations pursuant to any exercise of rights by a Lineage OP Guarantee Holder served upon Lineage OP during the applicable Put Exercise Window, the Parties shall Company will promptly (and in any event within five (5) business days) give written notice (a "Company Notice") to each have an additional 60 days after of the applicable Put Exercise Window other Holders, if any, and to deliver the holders of the Petra Warrant and the Additional Warrants, if any, that a Put Exercise Notice; and (C) Notice has been received by the Secondary Company. Each such other Holder will have the right to exercise a Put Right corresponding and require the Company to a Primary purchase (on the same Put Right, and Closing Date (as defined below) relating to the Tertiary Put Right corresponding Exercise Notice) all or any portion of the Warrant or Shares held by such Holder by delivering written notice to the Company within ten (10) days following receipt of the Company Notice. All such Secondary Put Right, each shall notices delivered by such other Holders will be deemed to have been exercised with or without any delivered as of the date of the Put Exercise Notice if the applicable Primary and will be deemed to be an exercise of a Put Right has been exercised.by each such other Holder as of such date. Upon the exercise of a Put Right by a Holder, the purchase price payable by the Company to such Holder (a "Put Purchase Price") shall be as follows:
Appears in 1 contract
Samples: Home Solutions of America Inc