Investment Opportunity. At the closing of the Merger in accordance with the Subscription Agreement, the Executive shall have purchased $145,833.33 in the aggregate of equity securities of the Parent in the same class and proportion, at the same price per unit and on the same terms as such securities were purchased by the Sponsor Purchasers. The Restricted Shares issued to the Executive pursuant to the Shareholders Agreement shall be treated as equity securities purchased by the Executive in satisfaction of the Executive's obligation to purchase a corresponding number of shares of equity securities under the Investor Subscription Agreement. As of the closing of the Merger, the Executive's ownership of these securities (other than the Restricted Shares) shall be fully vested.
Investment Opportunity. At a time determined by the Board (and subject to the Executive’s continued employment at such time), the Executive will be permitted to indirectly invest in the equity of the Parent, through the purchase of Class B Units of Allstar Managers LLC, a Delaware limited liability company (“Allstar Managers”) and member of the Parent, in an amount having an aggregate value to be determined by the Board and the Executive, based on a purchase price per unit equal to the then-current fair market value per Class B Unit of Allstar Managers, as determined by the Board.
Investment Opportunity. The Company acknowledges that the Investors and their affiliates, members, equity holders, director representatives, partners, employees, agents and other related persons are engaged in the business of investing in private and public companies in a wide range of industries, including the industry segment in which the Company operates (the “Company Industry Segment”). Accordingly, the Company and the Investors acknowledge and agree that a Covered Person shall:
(a) have no duty to the Company to refrain from participating as a director, investor or otherwise with respect to any company or other person or entity that is engaged in the Company Industry Segment or is otherwise competitive with the Company, and
(b) in connection with making investment decisions, to the fullest extent permitted by law, have no obligation of confidentiality or other duty to the Company to refrain from using any information, including, but not limited to, market trend and market data, which comes into such Covered Person’s possession, whether as a director, investor or otherwise (the “Information Waiver”), provided that the Information Waiver shall not apply, and therefore such Covered Person shall be subject to such obligations and duties as would otherwise apply to such Covered Person under applicable law, if the information at issue (i) constitutes material non-public information concerning the Company, or (ii) is covered by a contractual obligation of confidentiality to which the Company is subject. Notwithstanding anything in this Section 5.18 to the contrary, nothing herein shall be construed as a waiver of any Covered Person’s duty of loyalty or obligation of confidentiality with respect to the disclosure of confidential information of the Company.
Investment Opportunity. In consideration of the granting of this option and without regard to whether this option is exercised, Optionee assures Owners of the opportunity to invest in an ethanol plant constructed by Optionee or its affiliates in Minnehaha County, provided that such investment shall be subject to all terms and conditions thereof. This provision shall survive the closing.
Investment Opportunity. Subject to approval by the Board and requisite investors, and receipt by the Company of any required stockholder consents, you shall be entitled to invest up to $100,000 in the Company’s ongoing Series A preferred stock financing in the last remaining closing, subject to the terms and conditions of the existing definitive agreements for such financing.
Investment Opportunity. As used herein, an "Investment Opportunity" shall mean any proposed investment activity which the Borrower or its affiliates are engaged in soliciting the participation of investors and which, directly or indirectly, relates in any way to the petroleum industry in the geographic region formerly known as the Soviet Union.
Investment Opportunity. If the Purchaser completes the purchase of the Securities under this Agreement, then the Purchaser will have the right to subscribe for additional shares of Common Stock of the Company, at its option and in its total discretion, at any time before December 31, 2011, unless such date is extended by mutual consent. The minimum subscription under this option shall be $500,000, and the maximum subscription under this option shall be $2,500,000. The number of shares of Common Stock to be issued under this option will be the subscription amount divided by the per share price, where the per share price will equal 85% of the volume weighted average of the closing price of a share of Common Stock for the ten Trading Days immediately preceding the date of notice of the exercise of the option as reported by the Trading Market, or equal to the Per Share Purchase Price defined above, whichever is the greater, unless otherwise agreed between the Company and the Purchaser. Notice of exercise of the option shall be by written notice from the Purchaser to the Company, at the address set forth in the preamble, unless subsequently changed and notice thereof given to the Purchaser, which writing may be by fax, email or other writing. The payment of the subscription amount shall be within 14 days of the date of the notice of exercise. Upon receipt of the notice of exercise, the Company will provide to the Purchaser a form of subscription agreement in substantially similar content as this Agreement, within five days, provided any reasonable delay will not be a breach of this provision or this Agreement or permit the termination of the option by the Purchaser. For the avoidance of doubt, once the notice of the option exercise is given by the Purchaser, the Purchaser must consider it as an irrevocable commitment to purchase the Common Stock being optioned.
Investment Opportunity. During the period beginning on the Agreement Date and ending on the later of: (i) the Termination Date or (ii) the date on which Executive (or any of Executive’s transferees) no longer owns, directly or indirectly, any equity interest in the Company, if Executive learns of any investment opportunity in a business or any entity engaged in the Business, Executive will promptly present such investment opportunity to the Company in writing.
Investment Opportunity. In addition to any and all incentive schemes, Employee will have the opportunity to invest as much as USD 1,000,000 in the group of Employer as an equity partner, the terms of which opportunity are set forth in a separate agreement.
Investment Opportunity. (a) To the extent that Lycos desires to enter into a license or sublicense with respect to rights which are similar to the Licensed Property (as defined in the Lycos License) with a third party that either has its principal offices in the Territory or which is intended to procure sales primarily within the Territory, with respect to any Searchservice and directory services via a managed network, Lycos shall request BIS to agree to cause a Joint Entity to be formed in such country or select an existing Joint Entity who shall act as the sublicensor with respect to the rights intended to be conveyed to the third party.
(b) All revenues which accrue after May 1, 1997, and which either Telemedia or Lycos derive from sale of advertisements in the Territory in connection with the localized Lycos catalog pertaining to such country, shall be assigned to the relevant Joint Entity by each of BIS and Lycos and the Joint Entity which receives such revenue shall pay the fully burdened costs of the assignor which accrue after May 1, 1997.
