Holder Election. In the event that a Fundamental Transaction occurs prior to the full exercise of this Warrant, the Holder, in its sole discretion and as evidenced by written notice to the Company and the Successor Entity, if applicable, at any time shall have the right to elect to cause the Company and the Successor Entity, if applicable, to issue to Holder a new warrant of the Company or the Successor Entity (the “Fundamental Transaction Replacement Warrant”), which Fundamental Transaction Replacement Warrant shall be issued within three business days of such election by Hxxxxx, and shall reflect the terms and conditions herein following the effects of this Section 3(a), and the other provisions herein.
Holder Election. In the event that the Restructuring is completed prior to the full exercise of this Warrant, the Holder, in its sole discretion and as evidenced by written notice to the Company at any time prior to or following the completion of the Restructuring, shall have the right to elect to cause the Company and Newco to issue to Holder a new warrant of Newco to replace this Warrant (the “Restructuring Replacement Warrant”), which Restructuring Replacement Warrant shall be issued within three business days of such election by Hxxxxx, and shall reflect the terms and conditions herein following the effects of this Section 3(b), and the other provisions herein.
Holder Election. The Holder may elect to have the all or part of the principal balance hereunder remaining outstanding on the Maturity Date, together with all Accreted Amounts accrued thereon through the Maturity Date (“Maturity Amount”), repaid on the Maturity Date either in cash or by automatically converting such amount into shares of Common Stock, or a combination thereof, at the Holder’s option.
Holder Election. In the event that the IPO Restructuring is completed prior to the full exercise of this Warrant, the Holder, in its sole discretion and as evidenced by written notice to the Company at any time prior to the IPO Date, shall have the right to elect to cause the Company and Newco to issue to Holder a new warrant of Newco to replace this Warrant (the “New Warrant”), which New Warrant shall be issued prior to the completion of the IPO.
Holder Election. The Holder shall have the right, exercisable at any time prior to the Maturity Date (or such later date as the Company may permit) by giving a Final Conversion Election, to elect that upon the Maturity Date the outstanding amount of this Note shall be converted into shares of Common Stock in accordance with Section 2.1. The Holder may make such election by giving notice of the Final Conversion Election at any time prior to the Maturity Date. If the Holder gives a Final Conversion Election, then on the Maturity Date the outstanding amount of this Note shall be converted into the number of shares of Common Stock determined in accordance with Section 2.1 (determined without regard to the limitation, if any, on the Holder contained in the second sentence of Section 2.1). Such conversion, however, shall be subject to the limitations contained in Section 2.4. The Company shall notify the Holder of any claim by the Company of manifest error in a Final Conversion Election within three Business Days after the Holder gives such Final Conversion Election and no such claim or error shall limit or delay performance of the Company's obligation to issue upon such conversion the number of shares of Common Stock which are not in dispute. A Final Conversion Election shall be deemed for all purposes to be in proper form unless the Company notifies the Holder within three Business Days after a Final Conversion Election has been given (which notice shall specify all defects in the Final Conversion Election) and any Final Conversion Election containing any such defect shall nonetheless be effective on the date given if the Holder promptly undertakes in writing to correct all such defects.
Holder Election. The Holder shall have the right, exercisable at any time prior to the Maturity Date (or such later date as the Company may permit) by notice to the Company in the form attached hereto as EXHIBIT K (the "Final Conversion Election"), to elect that upon the Maturity Date the outstanding amount of this Note shall be converted into shares of Common Stock in accordance with Section 2.
1. The Holder may make such election by giving notice of the Final Conversion Election at any time prior to the Maturity Date. If the Holder gives a
Holder Election. The Holder and/or the Owner, as the case may be, may exercise its right to require VB to repurchase the Option and any Option Shares pursuant to this Section 8 by surrendering for such purpose to VB, at its principal office, a copy of this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or the Owner, as the case may be, elects to require VB to repurchase this option and/or the Option Shares in accordance with the provisions of this Section 8. As promptly as practicable, and in any event within five business days after the surrender of the Option and/or certificates representing Option Shares and the receipt of such notice or notices relating thereto, VB shall deliver or cause to be delivered to the Holder the Option Repurchase Price and/or to the Owner the Option Share Repurchase Price therefor or the portion thereof that VB is not then prohibited under applicable law and regulation from so delivering.
Holder Election. The Holder may elect in writing, not later than three (3) business days prior to the effectiveness of the Piggyback Registration not to have its Registered Shares so included in connection with the Registration Statement.
Holder Election. In the event that the Restructuring is completed prior to the full exercise of this Warrant, or in the event that a Fundamental Transaction occurs prior to the full exercise of this Warrant, the Holder, in its sole discretion and as evidenced by written notice to the Company at any time prior to the Trigger Date, shall have the right to elect to cause the Company and Newco, or the Company and the Successor Entity, as applicable, to issue to Holder a new warrant of Newco or the Successor Entity (as applicable, the “Replacement Issuer”) to replace this Warrant (the “New Warrant”), which New Warrant shall be issued prior to the completion of the IPO or Fundamental Transaction or at the time of the closing of the Fundamental Transaction, as applicable.
Holder Election. The Holder shall have the right, exercisable at any time prior to the Maturity Date (or such later date as the Company may permit) by giving a Final Conversion Election, to elect that upon the Maturity Date the outstanding amount of this Note shall be converted into shares of Common Stock in accordance with Section 2.
1. The Holder may make such election by giving notice of the Final Conversion Election at any time prior to the Maturity Date. If the Holder gives a Final Conversion Election, then on the Maturity Date the outstanding amount of this Note shall be converted into the number of shares of Common Stock determined in accordance with Section 2.1 (determined without regard to the limitation, if any, on the Holder contained in the second sentence of Section 2.1). Such conversion, however, shall be subject to the limitations contained in Section 2.4. The Company shall notify the Holder of any claim by the Company of manifest error in a Final Conversion Election within one Business Day after the Holder gives such Final Conversion Election and no such claim or error shall limit or delay performance of the Company's obligation to issue upon such conversion the number of shares of Common Stock which are not in dispute. A Final Conversion Election shall be deemed for all purposes to be in proper form unless the Company notifies the Holder within one Business Day after a Final Conversion Election has been given (which notice shall specify all defects in the Final Conversion Election) and any Final Conversion Election containing any such defect shall nonetheless be effective on the date given if the Holder promptly undertakes in writing to correct all such defects.
