Common use of Exercise of Repurchase Right Clause in Contracts

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee prior to the expiration of the 60-day period specified in Subsection (b) above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee the purchase price determined according to Subsection (d) above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee in the purchase of the Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e).

Appears in 6 contracts

Samples: Stock Option Agreement (Cisco Systems Inc), Stock Option Agreement (Siebel Systems Inc), Stock Option Agreement (Siebel Systems Inc)

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Exercise of Repurchase Right. The Right of Repurchase shall be ---------------------------- exercisable only by written notice delivered to the Optionee Xxxxxxx prior to the expiration of the sixty (60-) day period specified in Subsection (b) Section 1.3 above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 thirty (30) days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee Xxxxxxx the purchase price determined according to Subsection (d) 1.5 above. Payment shall be made in cash (or, in the Company's sole discretion, by a reduction of any accrued and unpaid interest or cash equivalents or by canceling indebtedness unpaid principal outstanding pursuant to the Company incurred by the Optionee in the purchase of the Restricted Sharespromissory note). The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e)1.6.

Appears in 5 contracts

Samples: Restricted Stock Purchase Agreement (Daou Systems Inc), Employment Agreement (Daou Systems Inc), Employment Agreement (Daou Systems Inc)

Exercise of Repurchase Right. The Repurchase Right of Repurchase shall be exercisable by the Company only by written notice delivered to the Optionee Founder prior to the expiration of the 60-day period specified in Subsection (b) aboveRepurchase Period. The Each such notice shall set forth the date on which date, time and place for the repurchase is of the Restricted Shares, the number of Restricted Shares to be effectedrepurchased and the purchase price therefor. Such date shall not be more than 30 thirty (30) days after the date of the notice. The Prior to the close of business on such date, the Founder shall deliver to the Company certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company and properly endorsed for transfertransfer to the Company. The Company shallshall promptly, concurrently with but in no event later than the next business day, following the receipt of such certificate(s), pay to the Optionee Founder the purchase price determined according to Subsection (d) aboveSection 5.3. Payment Such payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee one installment in the purchase of the Restricted Sharesimmediately available funds. The Right right of Repurchase repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e)Section 5.4.

Appears in 4 contracts

Samples: Stock Restriction Agreement (Sigilon Therapeutics, Inc.), Stock Restriction Agreement (Sigilon Therapeutics, Inc.), Stock Restriction Agreement (Sigilon Therapeutics, Inc.)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee Purchaser prior to the expiration of the 60-day period specified in Subsection (b) above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee Purchaser the purchase price determined according to Subsection (d) above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee Purchaser in the purchase of the Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e).

Appears in 3 contracts

Samples: Employment Agreement (Trulite Inc), Stock Purchase Agreement (Broadcom Corp), Stock Purchase Agreement (Cisco Systems Inc)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee Participant prior to the expiration of the 6090-day period specified in Subsection (b2(b) above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 90 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee Participant the purchase price Purchase Price determined according to Subsection (d2(d) above. Payment shall be made made, at the election of the Company, in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee Participant in the purchase of the any Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e2(e).

Appears in 2 contracts

Samples: Restricted Stock Issuance Agreement, Restricted Stock Issuance Agreement (Daystar Technologies Inc)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee Purchaser prior to the expiration of the 6090-day period specified in Subsection (b) above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee Purchaser the purchase price determined according to Subsection (d) above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee Purchaser in the purchase Purchase of the Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e).

Appears in 2 contracts

Samples: Restricted Stock Purchase Agreement (SWWT Inc), Restricted Stock Purchase Agreement (Diamond Jonathan V)

Exercise of Repurchase Right. The Unvested Repurchase Right of Repurchase shall be exercisable only by written notice delivered to the Optionee prior to the expiration of the 60-day period specified in Subsection Subparagraph (b) above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee the purchase price determined according to Subsection Subparagraph (d) above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee in the purchase of the Restricted Shares. The Unvested Repurchase Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection Subparagraph (e).

Appears in 2 contracts

Samples: Stock Option Agreement (Jeanty Roger O), Stock Option Agreement (Jeanty Roger O)

Exercise of Repurchase Right. The Right of Repurchase shall be ---------------------------- exercisable only by written notice delivered to the Optionee Xxxxx prior to the expiration of the sixty (60-) day period specified in Subsection (b) Section 1.3 above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 thirty (30) days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee Xxxxx the purchase price determined according to Subsection (d) 1.5 above. Payment shall be made in cash (or, in the Company's sole discretion, by a reduction of any accrued and unpaid interest or cash equivalents or by canceling indebtedness unpaid principal outstanding pursuant to the Company incurred by the Optionee in the purchase of the Restricted Sharespromissory note). The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e)1.6.

Appears in 2 contracts

Samples: Employment Agreement (Daou Systems Inc), Restricted Stock Purchase Agreement (Daou Systems Inc)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee Founder prior to the expiration of the 60-day period specified in Subsection (b) 2 above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee Founder the purchase price determined according to Subsection (d) 4 above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee Founder in the purchase of the Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e)5.

Appears in 2 contracts

Samples: Stock Restriction Agreement (Chemconnect Inc), Stock Restriction Agreement (Chemconnect Inc)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee Purchaser prior to the expiration of the 60-day period specified in Subsection (ba)(ii) above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee Purchaser the purchase price determined according to Subsection (da)(iii) above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee Purchaser in the purchase of the Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (ea)(iv).

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Petopia Com Inc), Common Stock Purchase Agreement (Petopia Com Inc)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee prior to the expiration of the 60-day period specified in Subsection (b) above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee the purchase price determined according to Subsection (d) above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee in the purchase of the Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e).

Appears in 1 contract

Samples: Stock Option Agreement (Selectica Inc)

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Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee prior to the expiration of the 60-day period specified in Subsection (b) above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more ' than 30 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee the purchase price determined according to Subsection (d) above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee in the purchase of the Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e).

Appears in 1 contract

Samples: Stock Option Agreement (Cisco Systems Inc)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee Participant prior to the expiration of the 6090-day period specified in Subsection (b) above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 90 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee Participant the purchase price Purchase Price determined according to Subsection (d) above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee Participant in the purchase of the any Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e).

Appears in 1 contract

Samples: Restricted Stock Issuance Agreement (Daystar Technologies Inc)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee prior to the expiration of the 60-day period specified in Subsection (b) abovePurchaser. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 days after the date of the notice. The To the extent not held in escrow by the Company, the certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer, together with any other documents needed to effectuate the transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee Purchaser the purchase price determined according to Subsection (d) Paragraph B.4 above. Payment shall be made (a) in cash or cash equivalents or equivalents, (b) by canceling indebtedness to the Company Company, including indebtedness incurred by the Optionee Purchaser in the purchase of the Restricted Shares. The Right Shares (whether or not then due), or (c) by a combination of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e)the foregoing.

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Wild Oats Markets Inc)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee prior to the expiration of the 60-day period specified in Subsection (b) above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee the purchase price determined according to Subsection (d) above. Payment shall be made in cash or cash equivalents by check or by canceling indebtedness to the Company incurred by the Optionee in the purchase of the Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e).

Appears in 1 contract

Samples: Stock Option Agreement (Comverge, Inc.)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee Director prior to the expiration of the 60-day period specified in Subsection (b) 2.2 above. The notice shall set forth the date on which the repurchase is to be effected. Such date shall not be more than 30 days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, . concurrently with the receipt of such certificate(s), pay to the Optionee Director the purchase price determined according to Subsection (d) 2.4 above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee Director in the purchase of the Restricted Shares. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e)2.5.

Appears in 1 contract

Samples: Directors Stock Purchase Agreement (CleanTech Biofuels, Inc.)

Exercise of Repurchase Right. The Right of Repurchase shall be exercisable only by written notice delivered to the Optionee Stockholder prior to the expiration of the 6090-day period specified in Subsection (b) above. The notice shall set forth the date on which the repurchase is to be effected. Such date effected which shall not be more than 30 thirty (30) days after the date of the notice. The certificate(s) representing the Restricted Shares to be repurchased shall, prior to the close of business on the date specified for the repurchase, be delivered to the Company properly endorsed for transfer. The Company shall, concurrently with the receipt of such certificate(s), pay to the Optionee Stockholder the purchase price Purchase Price determined according to Subsection (d) above. Payment shall be made in cash or cash equivalents or by canceling indebtedness to the Company incurred by the Optionee in the purchase of the Restricted Sharesequivalents. The Right of Repurchase shall terminate with respect to any Restricted Shares for which it has not been timely exercised pursuant to this Subsection (e).

Appears in 1 contract

Samples: Stock Purchase Agreement (Gene Logic Inc)

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