Common use of MINIMUM REDEMPTION; LIMITATIONS Clause in Contracts

MINIMUM REDEMPTION; LIMITATIONS. If the events specified in Section 18.1(i) and 18.1(ii), with Section 18.1(ii) being determined on an individual Stockholder basis, have not occurred within the time specified, AmPaM shall be obligated to purchase from each eligible Stockholder no less than 10% of the AmPaM Stock held by such Stockholder annually; provided, however, that the Stockholders shall not be entitled to exercise their Put Rights if and to the extent the Company has not achieved the Target Net Income (as defined in Annex I hereto) for the year preceding the year in which a Stockholder seeks to exercise his Put Right. The redemptions will be funded by internal cash flows or alternative financing arrangements but AmPaM's obligation to make any redemption pursuant to this Section 18 will be subject to the covenants and restrictions contained in AmPaM's then existing private or public debt or equity instruments.

Appears in 10 contracts

Samples: Acquisition Agreement (Miller Mechanical Contractors Inc), Acquisition Agreement (Miller Mechanical Contractors Inc), Acquisition Agreement (Miller Mechanical Contractors Inc)

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