Common use of Manner of Purchase Clause in Contracts

Manner of Purchase. (a) At the Option Closing, Grantee shall pay to Grantor the Purchase Price for the Option Shares to be purchased by cash, wire transfer or other immediately available funds. If Grantee has received Notice of an Event of Default (as defined in the Note) that is continuing, Grantee shall be entitled to hold the Purchase Price in trust for the benefit of Berkshire and/or Grantor until (a) Grantee has received joint instructions from Berkshire and Grantor as to the payment of the Purchase Price, (b) there is a final order of a court of competent jurisdiction directing the parties as to payment of the Purchase Price, or (c) Grantee deposits the Purchase Price for the Option Shares with said court, pending a final decision of such controversy. In any such event, the Option shall be deemed fully and properly exercised and all rights to the Option Shares shall be vested in Grantee.

Appears in 2 contracts

Samples: First Option Agreement (PRG Schultz International Inc), First Option Agreement (PRG Schultz International Inc)

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Manner of Purchase. (a) At the Option Closing, Grantee shall pay to Grantor the Purchase Price for the Option Shares to be purchased by cash, wire transfer or other immediately available funds. If Grantee has received Notice of an Event of Default (as defined in the Note) that is continuing, Grantee shall be entitled to hold the Purchase Price in trust for the benefit of Berkshire Xxxx and/or Grantor until (a) Grantee has received joint instructions from Berkshire Xxxx and Grantor as to the payment of the Purchase Price, (b) there is a final order of a court of competent jurisdiction directing the parties as to payment of the Purchase Price, or (c) Grantee deposits the Purchase Price for the Option Shares with said court, pending a final decision of such controversy. In any such event, the Option shall be deemed fully and properly exercised and all rights to the Option Shares shall be vested in Grantee.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Blum Capital Partners Lp), Stock Purchase Agreement (Blum Capital Partners Lp)

Manner of Purchase. (a) At the Option Closing, Grantee shall pay to Grantor the Purchase Price for the Option Shares to be purchased by cash, wire transfer or other immediately available funds. If Grantee has received Notice of an Event of Default (as defined in the Note) that is continuing, Grantee shall be entitled to hold the Purchase Price in trust for the benefit of Berkshire Blum and/or Grantor until (a) Grantee has received joint instructions from Berkshire xxxm Blum and Grantor as to the payment of the Purchase Price, (b) there is a ix x final order of a court of competent jurisdiction directing the parties as to payment of the Purchase Price, or (c) Grantee deposits the Purchase Price for the Option Shares with said court, pending a final decision of such controversy. In any such event, the Option shall be deemed fully and properly exercised and all rights to the Option Shares shall be vested in Grantee.

Appears in 1 contract

Samples: Second Option Agreement (PRG Schultz International Inc)

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Manner of Purchase. (a) At the Option Closing, Grantee shall pay to Grantor the Purchase Price for the Option Shares to be purchased by cash, wire transfer or other immediately available funds. If Grantee has received Notice of an Event of Default (as defined in the Note) that is continuing, Grantee shall be entitled to hold the Purchase Price in trust for the benefit of Berkshire Blum and/or Grantor until (a) Grantee has received joint instructions instrucxxxxs from Berkshire Blum and Grantor as to the payment of the Purchase Price, (b) there txxxx is a final order of a court of competent jurisdiction directing the parties as to payment of the Purchase Price, or (c) Grantee deposits the Purchase Price for the Option Shares with said court, pending a final decision of such controversy. In any such event, the Option shall be deemed fully and properly exercised and all rights to the Option Shares shall be vested in Grantee.

Appears in 1 contract

Samples: Second Option Agreement (PRG Schultz International Inc)

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