First Call Option. The H&Q Parties hereby grant to the Buyers the right and option (the "First Call Option") at any time during the period beginning on January 6, 2004 and ending at 8:00 P.M., New York City time, on January 12, 2004 (the "First Call Exercise Period") to require the H&Q Parties to sell to the Buyers up to the number of Covered Securities set forth opposite each Buyer's name on Exhibit C hereto under the heading "Upon Exercise of the First Call Option."
First Call Option. At any time during the period commencing on July 1, 2008 and ending on June 30, 2011 (the "FIRST CALL PERIOD"), JLUS shall have the right and option (the "FIRST CALL OPTION") to purchase from BR (or any transferee of BR) all, but not less than all, of BR's Membership Units (or the Membership Units of any transferee of BR) for a purchase price (the "FIRST CALL PURCHASE PRICE") equal to (i) BR's Percentage Interest (or the Percentage Interest of any transferee of BR), MULTIPLIED BY (ii) four (4), MULTIPLIED BY (iii) the Company's twelve (12) months' total revenues or, to the extent such determination is made prior to July 1, 2009, the Company's and JLUS' combined twelve (12) months' total revenues, in each case determined in accordance with GAAP for the period determined as follows: (A) if the closing occurs on or before the ninetieth (90th) day following the delivery of the Offer Notice (as defined below), then the trailing (12) month period shall end on the last day of the month in which the Offer Notice was delivered; and (B) if the closing occurs after the ninetieth (90th) day following the delivery of the Offer Notice, then the trailing (12) month period shall end on the last day of the month immediately preceding the month in which the closing occurs.
First Call Option. The Buyer may exercise the First Call Option in respect of the First Option Shares:
First Call Option. 6.1.1 PAL shall have the option (the “First Call Option”), but not the obligation to purchase from Media Port eleven percent (11%) of the total issued and outstanding shares of the Company (the “First Call Option Shares”) at the First Call Option Purchase Price (as defined below) by giving Media Port notice in writing.
First Call Option. (a) Purchaser shall have the option but not the obligation to purchase, free and clear of all liens, an additional 239,060,083 shares of Common Stock from the Company (the “First Call Option”) for a price equal to U.S. $50,000,000 (the “First Call Option Purchase Price”), such that after giving effect to the purchase and sale of such shares (the “First Call Option Shares”), Purchaser will hold, after giving effect to the conversion of 229,685,177 shares of Preferred Stock held by NEC Corporation and NECAP on a 1:1 basis into Common Stock, an aggregate of 51.0% of the Common Stock of the Company and an aggregate of 49.0% of the then outstanding equity securities of the Company.
First Call Option. (i) At any time prior to the third anniversary of the Second Completion Date and provided that Bison-GE shall not have previously exercised the Put Option, in accordance with the terms and conditions set forth in this Section 7, the Company and/or GFC shall have the right and option to elect (the “First Call Option”) to cause Bison-GE (and any of its permitted transferees) to sell and transfer to the Company or GFC (as the case may be) the Bison-GE Sale Shares.
First Call Option. (a) Axane hereby grants to Plug Power an irrevocable option to purchase (the “First Call Option”) from Axane a number of JV Company Shares which would allow Plug Power to hold 65% of the share capital of the JV Company on a fully diluted basis. For the avoidance of doubt, Plug Power shall exercise its First Call Option on all the JV Company Shares (and not a portion only) held by Axane and/or its Affiliates which are required for Plug Power to hold 65% of the share capital of the JV Company on a fully diluted basis. Plug Power hereby accepts said First Call Option, as an option only.
First Call Option. If Linura does not exercise the First Put Option within thirty (30) days of the Control Failure Date, then Scailex shall have the right to purchase all of Linura’s Ordinary Shares by delivering written notice to Linura before the sixtieth (60th) day following the Control Failure Date. The consideration for the First Call Option shall be the higher of:
First Call Option. By valid delivery of a Call Option Notice (as set forth below), DPI may elect to exchange on the First Anniversary Date shares of common stock of DPI for up to twenty-five percent (25%) of the IPO-Time Shares (less any IPO-Time Shares previously sold to DPI under Section 2 or 3).
First Call Option
