Common use of NOTICE OF EXERCISE; CLOSING Clause in Contracts

NOTICE OF EXERCISE; CLOSING. In the event Grantee is --------------------------- entitled to and wishes to exercise the Option, it shall send to Issuer a written notice (the date of which being herein referred to as the "Notice Date") specifying (i) the total number of shares it will purchase pursuant to such exercise and (ii) a place and date which shall be a business day not earlier than three (3) business days nor later than sixty (60) business days from the Notice Date for the closing of such purchase (the "Closing Date"); provided, that if the closing of the purchase and sale pursuant to the Option (the "Closing") cannot be consummated, in the reasonable opinion of Grantee, by reason of any applicable judgment, decree, order, law or regulation, the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which such restriction on consummation has expired or been terminated; and provided further, without limiting the foregoing, that if, in the reasonable opinion of Grantee, prior notification to or approval of any regulatory agency is required in connection with such purchase, Grantee shall promptly file the required notice or application for approval and shall expeditiously process the same and the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which any required notification periods have expired or been terminated or such approvals have been obtained and any requisite waiting period or periods shall have passed. Any exercise of the Option shall be deemed to occur on the Closing Date relating thereto.

NOTICE OF EXERCISE; CLOSING. In the event that Grantee is --------------------------- entitled to and wishes desires to exercise the Option, it shall send to Issuer the Company a written notice (such notice being herein referred to as an "Exercise Notice" and the date of which issuance of an Exercise Notice being herein referred to as the "Notice Date") specifying (i) the total number of shares (or other Option Securities (as hereinafter defined)) it will purchase pursuant to such exercise and (ii) a place and date which shall be a business day not earlier than three (3) business days Business Days nor later than sixty forty (6040) business days Business Days from the Notice Date for the closing of such purchase (the "Option Closing Date"); provided, that if the closing of the purchase and sale pursuant to the Option (the "Option Closing") cannot be consummated, in the reasonable opinion of Grantee, by reason of any applicable judgment, decree, order, law or regulationOrder, the period of time that otherwise would run pursuant to this sentence Section shall run instead from the date on which such restriction on consummation has expired or been terminated; and provided further, without limiting the foregoing, that if, in the reasonable opinion of Grantee, prior notification to or approval of any regulatory agency is required in connection with such purchase, Grantee the Company or Grantee, as the case may be, shall promptly file the required notice or application for approval and shall expeditiously process the same and the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which any required notification periods have expired or been terminated or such approvals have been obtained and any requisite waiting period or periods shall have passed. Any exercise of the Option shall be deemed to occur on the Closing Date relating thereto.

NOTICE OF EXERCISE; CLOSING. In the event that Grantee is --------------------------- entitled to and wishes desires to exercise the Option, it shall send to Issuer the Company a written notice (such notice being herein referred to as an "Exercise Notice" and the date of which issuance of an Exercise Notice being herein referred to as the "Notice Date") indicating that Grantor is exercising the Option and specifying (i) the total number of shares Option Shares that it will purchase pursuant to such exercise exercise, (ii) whether the Option Price will be paid in cash or by surrender of a portion of the Option and (iiiii) a place and date which shall be a business day not earlier than three (3) business days nor Business Days and not later than sixty ten (6010) business days Business Days from the Notice Date for the closing of such purchase (the "Option Closing Date"); provided, that if the closing of the purchase and sale pursuant to the Option (the "Option Closing") cannot be consummated, in the reasonable opinion of Grantee, by reason of any applicable judgment, decree, order, law or regulationOrder, the period of time that otherwise would run pursuant to this sentence Section shall run instead from the date on which such restriction on consummation has expired or been terminated; and provided further, without limiting the foregoing, that if, in the reasonable opinion of Grantee, prior notification to or approval of any regulatory agency is required in connection with such purchase, Grantee the Company or Grantee, as the case may be, shall promptly file the required notice or application for approval and shall expeditiously process the same and the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which any required notification periods have expired or been terminated or such approvals have been obtained and any requisite waiting period or periods shall have passed. Any exercise of the Option shall be deemed to occur on the Closing Date relating thereto.(f)

NOTICE OF EXERCISE; CLOSING. In the event Grantee is --------------------------- entitled to and wishes to exercise the Option, it shall send to Issuer a written notice (the date of which being herein referred to as the "Notice Date") specifying (i) the total number of shares it will purchase pursuant to such exercise and (ii) a place and date which shall be a business day not earlier than three (3) business days nor later than sixty (60) business days from the Notice Date for the closing of such purchase (the "Closing Date"); providedPROVIDED, that if the closing of the purchase and sale pursuant to the Option (the "Closing") cannot be consummated, in the reasonable opinion of Grantee, by reason of any applicable judgment, decree, order, law or regulation, the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which such restriction on consummation has expired or been terminated; and provided further, without limiting the foregoing, that if, in the reasonable opinion of Grantee, prior notification to or approval of any regulatory agency is required in connection with such purchase, Grantee shall promptly file the required notice or application for approval and shall expeditiously process the same and the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which any required notification periods have expired or been terminated or such approvals have been obtained and any requisite waiting period or periods shall have passed. Any exercise of the Option shall be deemed to occur on the Closing Date relating thereto.

NOTICE OF EXERCISE; CLOSING. In the event that Grantee is --------------------------- entitled to and wishes desires to exercise the Option, it shall send to Issuer the Company a written notice (such notice being herein referred to as an "Exercise Notice" and the date of which issuance of an Exercise Notice being herein referred to as the "Notice Date") indicating that Grantor is exercising the Option and specifying (i) the total number of shares Option Shares that it will purchase pursuant to such exercise exercise, (ii) whether the Option Price will be paid in cash or by surrender of a portion of the Option and (iiiii) a place and date which shall be a business day not earlier than three (3) business days nor Business Days and not later than sixty ten (6010) business days Business Days from the Notice Date for the closing of such purchase (the "Option Closing Date"); provided, that if the closing of the purchase and sale pursuant to the Option (the "Option Closing") cannot be consummated, in the reasonable opinion of Grantee, by reason of any applicable judgment, decree, order, law or regulationOrder, the period of time that otherwise would run pursuant to this sentence Section shall run instead from the date on which such restriction on consummation has expired or been terminated; and provided further, without limiting the foregoing, that if, in the reasonable opinion of Grantee, prior notification to or approval of any regulatory agency is required in connection with such purchase, Grantee the Company or Grantee, as the case may be, shall promptly file the required notice or application for approval and shall expeditiously process the same and the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which any required notification periods have expired or been terminated or such approvals have been obtained and any requisite waiting period or periods shall have passed. Any exercise of the Option shall be deemed to occur on the Closing Date relating thereto.

NOTICE OF EXERCISE; CLOSING. In the event that Grantee is --------------------------- entitled to and wishes desires to exercise the OptionOption (in whole or in part), it shall send to Issuer the Company a written notice (such notice being herein referred to as an "Exercise Notice" and the date of which issuance of an Exercise Notice being herein referred to as the "Notice Date") specifying (i) the total number of shares (or other Option Securities (as hereinafter defined)) it will purchase pursuant to such exercise and (ii) a place and date which shall be a business day not earlier than three (3) business days Business Days nor later than sixty (60) business days Business Days from the Notice Date for the closing of such purchase (the "Option Closing Date"); provided, that if the closing of the purchase and sale pursuant to the Option (the "Option Closing") cannot be consummated, in the reasonable opinion of Grantee, by reason of any applicable judgment, decree, order, law or regulationOrder, the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which such restriction on consummation has expired or been terminated; and provided provided, further, without limiting the foregoing, that if, in the reasonable opinion of Grantee, prior notification to or approval of any regulatory agency Governmental Entity is required in connection with such purchase, Grantee the Company or Grantee, as the case may be, shall promptly file the required notice or application for approval and shall expeditiously process the same and the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which any required notification periods have expired or been terminated or such approvals have been obtained and any requisite waiting period or periods shall have passed. Any exercise of the Option shall be deemed to occur on the Closing Date relating thereto.

NOTICE OF EXERCISE; CLOSING. In the event that Grantee is --------------------------- entitled to and wishes desires to exercise the OptionOption (in whole or in part), it shall send to Issuer the Company a written notice (such notice being herein referred to as an "Exercise Notice" and the date of which issuance of an Exercise Notice being herein --------------- referred to as the "Notice Date") specifying (i) the total number of shares (or ----------- other Option Securities (as hereinafter defined)) it will purchase pursuant to such exercise and (ii) a place and date which shall be a business day not earlier than three (3) business days Business Days nor later than sixty (60) business days Business Days from the Notice Date for the closing of such purchase (the "Option Closing Date"); provided, that if the closing of the ------------------- -------- purchase and sale pursuant to the Option (the "Option Closing") cannot be -------------- consummated, in the reasonable opinion of Grantee, by reason of any applicable judgment, decree, order, law or regulationOrder, the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which such restriction on consummation has expired or been terminated; and provided provided, -------- further, without limiting the foregoing, that if, in the reasonable opinion of ------- Grantee, prior notification to or approval of any regulatory agency Governmental Entity is required in connection with such purchase, Grantee the Company or Grantee, as the case may be, shall promptly file the required notice or application for approval and shall expeditiously process the same and the period of time that otherwise would run pursuant to this sentence shall run instead from the date on which any required notification periods have expired or been terminated or such approvals have been obtained and any requisite waiting period or periods shall have passed. Any exercise of the Option shall be deemed to occur on the Closing Date relating thereto.