Common use of Exercise of the Repurchase Right Clause in Contracts

Exercise of the Repurchase Right. The Repurchase Right with respect to the Restricted Shares to be repurchased by the Company shall be exercised by the Company’s written notice delivered to the Principal or Principal Holding Company, as applicable, within sixty (60) days after the occurrence of the Trigger Event (the “Repurchase Period”). The notice shall indicate the number of Restricted Shares to be repurchased and the date on which the repurchase is to be effected, such date to be not later than the last day of the Repurchase Period. Without requirement of further action on the part of either party hereto, the Repurchase Right shall be deemed to have been automatically enforced as to the Restricted Shares to be repurchased by the last day of the Repurchase Period, unless the Company declines in writing to enforce its Repurchase Right (with the prior written consent of Investors) prior to such time. On the date on which the repurchase is to be effected, the Company or its permitted assigns shall pay to the Principal or Principal Holding Company, as applicable, in cash or cash equivalents (including the cancellation of indebtedness) the Repurchase Price for such Restricted Shares, plus any additional funds for any Additional Securities (defined below) in respect thereof. Upon such payment to the Principal or Principal Holding Company as provided in the preceding sentence, the Company or its permitted assigns shall become the legal and beneficial owner of the Restricted Shares (including any Additional Securities in respect thereof) being repurchased and all rights and interest thereon or related thereto, and the Company shall have the right to transfer to its own name or its permitted assigns the number of Restricted Shares (including any Additional Securities in respect thereof) so repurchased, without further action by the Principal the Principal Holding Company or any other party.

Exercise of the Repurchase Right. The Repurchase Right with respect to the Restricted Shares to be repurchased by the Company shall be exercised exercisable by the Company’s written notice delivered to each Owner of the Principal or Principal Holding Company, as applicable, within Unvested Shares prior to the expiration of the sixty (60) days after the occurrence of the Trigger Event (the “Repurchase Period”)60)-day exercise period. The notice shall indicate the number of Restricted Unvested Shares to be repurchased and the date on which the repurchase is to be effected, such date to be not later more than thirty (30) days after the last day date of such notice. The certificates representing the Unvested Shares to be repurchased shall be delivered to the Corporation on the closing date specified for the repurchase. Concurrently with the receipt of such stock certificates, the Corporation shall pay to Owner, in cash, an amount equal to the Exercise Price previously paid for the Unvested Shares which are to be repurchased from Owner. Notwithstanding the foregoing, in the event such stock certificates are not delivered to the Corporation at the time the Exercise Price is so paid, such Unvested Shares shall nonetheless be deemed cancelled as of the Repurchase Periodtime of such payment and the Corporation may take such action is as necessary, including the imposition of stop transfer orders, with respect to such shares. Without requirement of further action on the part of either party hereto, The Corporation's right to exercise the Repurchase Right shall be deemed to have been automatically enforced as to conditioned on the Restricted Shares Corporation having taken all corporate action required to be repurchased by taken to exempt such repurchase from the last day provisions of Section 16(b) of the Repurchase Period, unless the Company declines in writing to enforce its Repurchase Right (with the prior written consent Securities Exchange Act of Investors) prior to such time. On the date on which the repurchase is to be effected, the Company or its permitted assigns shall pay to the Principal or Principal Holding Company1934, as applicableamended, in cash pursuant to Rule 16b-3(e), or cash equivalents (including the cancellation of indebtedness) the Repurchase Price for such Restricted Sharessuccessor rule, plus any additional funds for any Additional Securities (defined below) in respect thereof. Upon such payment to the Principal or Principal Holding Company as provided in the preceding sentence, the Company or its permitted assigns shall become the legal and beneficial owner of the Restricted Shares (including any Additional Securities in respect thereof) being repurchased and all rights and interest thereon or related theretothereunder, and providing the Company shall have the right to transfer to Owner with satisfactory written evidence thereof with its own name or its permitted assigns the number notice of Restricted Shares (including any Additional Securities in respect thereof) so repurchased, without further action by the Principal the Principal Holding Company or any other partyexercise.

Exercise of the Repurchase Right. The Repurchase Right with respect to the Restricted Shares to be repurchased by the Company shall may be exercised by the Company’s Company upon delivery of a written notice delivered to the Principal or Principal Holding Company, as applicable, Participant within sixty ninety (6090) days after the occurrence of the Trigger an Event of Default (the “Repurchase Period”). The notice shall indicate the number of Restricted Shares to be repurchased and the date on which the repurchase is to be effected, such date to be not later than the last day of the Repurchase Period. Without requirement of further action on the part of either party hereto, the Repurchase Right shall be deemed to have been automatically enforced as to the Restricted Shares to be repurchased by the last day of the Repurchase Period, unless the Company declines in writing to enforce its Repurchase Right (with the prior written consent of Investors) prior to such time. On the date on which the repurchase is to be effected, the Company or its permitted assigns shall pay to the Principal or Principal Holding CompanyParticipant in a form provided in this Section 2(c), as applicable, in cash or cash equivalents (including the cancellation of indebtedness) the Repurchase Price for such Restricted Shares, Shares plus any additional funds for any Additional Securities (as defined below) in respect thereofthereof (the “Repurchase Payment”). The Repurchase Payment may be made in the form of cash, cancellation of debt, promissory note, a combination of the aforementioned or any other method of payment that the Administrator determines in its sole discretion. Upon such payment delivery of the Repurchase Payment to the Principal or Principal Holding Company Participant as provided in the preceding sentence, the Company or its permitted assigns shall become the legal and beneficial owner of the Restricted Shares (including any Additional Securities in respect thereof) being repurchased and all rights and interest thereon or related thereto, and the Company shall have the right to transfer to its own name or its permitted assigns the number of Restricted Shares (including any Additional Securities in respect thereof) so repurchased, without further action by the Principal the Principal Holding Company Participant or any other party. If neither the Company nor its permitted assigns makes the Repurchase Payment as described above, the Repurchase Right of the Company shall be deemed as expired.

Exercise of the Repurchase Right. The Repurchase Right with respect to the Restricted Shares to be repurchased by the Company shall be exercised -------------------------------- exercisable by the Company’s written notice delivered to the Principal or Principal Holding Company, as applicable, within Owner of the Unvested Shares prior to the expiration of the sixty (60) days after the occurrence of the Trigger Event (the “Repurchase Period”)day period specified in Section 5. 1. The notice shall indicate the number of Restricted Unvested Shares to be repurchased and the date on which the repurchase is to be effected, such date to be not later more than thirty (30) days after the last day date of notice. To the extent one or more certificates representing Unvested Shares may have been previously delivered out of escrow to the Owner, then the Owner shall, prior to the close of business on the date specified for the repurchase, deliver to the Secretary of the Repurchase Period. Without requirement of further action on Company the part of either party hereto, certificates representing the Repurchase Right shall be deemed to have been automatically enforced as to the Restricted Unvested Shares to be repurchased by the last day of the Repurchase Periodrepurchased, unless the properly endorsed for transfer. The Company declines in writing to enforce its Repurchase Right (shall, concurrently with the prior written consent receipt of Investors) prior to such time. On the date on which the repurchase is to be effectedstock certificates, the Company or its permitted assigns shall pay to the Principal or Principal Holding Company, as applicable, Owner in cash or cash equivalents (including the cancellation of any purchase-money indebtedness) the Repurchase Price for such Restricted Shares), plus any additional funds for any Additional Securities (defined below) in respect thereof. Upon such payment an amount equal to the Principal or Principal Holding Company as provided in Purchase Price previously paid for the preceding sentenceUnvested Shares that are to be repurchased. The Owner agrees to cooperate affirmatively with the Company, to the Company or its permitted assigns shall become extent reasonably requested by the legal and beneficial owner of the Restricted Shares (including any Additional Securities in respect thereof) being repurchased and all Company, to enforce rights and interest thereon or related theretoobligations pursuant to this Agreement, and the Owner further agrees and acknowledges that the Company shall have the right to transfer cancel certificates representing any Unvested Shares on its books and records in the event the Owner thereof fails to its own name or its permitted assigns the number of Restricted deliver certificates representing such Unvested Shares (including any Additional Securities in respect thereof) so repurchased, without further action upon notice by the Principal Company of its intention to exercise the Principal Holding Company or any other partyRepurchase Right described herein and the Owner thereafter shall have no rights as a stockholder of such Unvested Shares.

Exercise of the Repurchase Right. The Subject to Section 5.4, the -------------------------------- Repurchase Right with respect to the Restricted Shares to be repurchased by the Company shall be exercised exercisable by the Company’s written notice delivered to the Principal or Principal Holding Company, as applicable, within Owner of the Unvested Shares prior to the expiration of the sixty (60) days after the occurrence of the Trigger Event (the “Repurchase Period”)day period specified in Section 5. 1. The notice shall indicate the number of Restricted Unvested Shares to be repurchased and the date on which the repurchase is to be effected, such date to be not later more than thirty (30) days after the last day date of notice. To the extent one or more certificates representing Unvested Shares may have been previously delivered out of escrow to the Owner, then the Owner shall, prior to the close of business on the date specified for the repurchase, deliver to the Secretary of the Repurchase Period. Without requirement of further action on Company the part of either party hereto, certificates representing the Repurchase Right shall be deemed to have been automatically enforced as to the Restricted Unvested Shares to be repurchased by the last day of the Repurchase Periodrepurchased, unless the properly endorsed for transfer. The Company declines in writing to enforce its Repurchase Right (shall, concurrently with the prior written consent receipt of Investors) prior to such time. On the date on which the repurchase is to be effectedstock certificates, the Company or its permitted assigns shall pay to the Principal or Principal Holding Company, as applicable, Owner in cash or cash equivalents (including the cancellation of any purchase-money indebtedness) the Repurchase Price for such Restricted Shares), plus any additional funds for any Additional Securities (defined below) in respect thereof. Upon such payment an amount equal to the Principal or Principal Holding Company as provided in Purchase Price previously paid for the preceding sentenceUnvested Shares that are to be repurchased. The Owner agrees to cooperate affirmatively with the Company, to the Company or its permitted assigns shall become extent reasonably requested by the legal and beneficial owner of the Restricted Shares (including any Additional Securities in respect thereof) being repurchased and all Company, to enforce rights and interest thereon or related theretoobligations pursuant to this Agreement, and the Owner further agrees and acknowledges that the Company shall have the right to transfer cancel certificates representing any Unvested Shares on its books and records in the event the Owner thereof fails to its own name or its permitted assigns the number of Restricted deliver certificates representing such Unvested Shares (including any Additional Securities in respect thereof) so repurchased, without further action upon notice by the Principal Company of its intention to exercise the Principal Holding Company or any other partyRepurchase Right described herein and the Owner thereafter shall have no rights as a stockholder of such Unvested Shares.