Common use of Notice of Repurchase Offer Clause in Contracts

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- "Offer Notice") given by the Company pursuant to Section 3.4(b) shall be given ------------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be given simultaneously with the Repurchase Notice (or, in the event that the Relevant Value of the Common Shares or other securities or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five Business Days after the Company receives the Value Report with respect to such offer) and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and other securities or property was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- "Offer NoticeOFFER NOTICE") given by the Company pursuant to Section 3.4(b3.4(b)(i) shall be given ------------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be given simultaneously with the Repurchase Notice (or, in the event that the Relevant Value of the Common Shares or other securities or property issuable purchasable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five Business Days after the Company receives the Value Report with respect to such offer) ), but in no event later than 60 days following the Repurchase Event, and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and other securities or property was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- "Offer Notice") given by the Company pursuant to Section 3.4(b3.4(b)(i) shall be given ------------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be given simultaneously with the Repurchase Notice (or, in the event that the Relevant Value of the Common Shares or other securities or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five Business Days after the Company receives the Value Report with respect to such offer) and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and other securities or property was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- "Offer Notice") given by the Company pursuant to Section 3.4(b) shall be given ------------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be given simultaneously with the Repurchase Notice (or, in the event that Section 3.4(d)(ii) is applicable and the Relevant Value of the Common Shares or other securities or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five two Business Days after the Company receives the Value Report with respect to such offer) and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and other securities or property was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for the Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Fair Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- "Offer Notice") given by the Company pursuant to Section 3.4(b) shall be given ------------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be given simultaneously with the Repurchase Notice (or, in the event that the Relevant Value of the Common Shares or other securities or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five Business Days after the Company receives the Value Report with respect to such offer) and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and other securities or property was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- "Offer NoticeOFFER NOTICE") given by the Company pursuant to Section 3.4(b) shall be given ------------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be given simultaneously with the Repurchase Notice (or, in the event that the Relevant Value of the Common Shares or other securities or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five Business Days after the Company receives the Value Report with respect to such offer) and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and other securities or property was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- "Offer Notice") given by the Company Newco pursuant to Section 3.4(b) shall (i) be given ------------ by the Company Newco directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall ; (ii) be given simultaneously with the Repurchase Notice (or, in the event that the Relevant Value of the Common Shares or other securities or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five Business Days after the Company Newco receives the Value Report with respect to such offer); and (iii) and shall specify (A) the Final Surrender Time expiration date for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the CompanyNewco, (C) the Repurchase Price at which the Warrants will be repurchased by the CompanyNewco, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and or other securities or property was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- "Offer Notice") given by the Company pursuant to Section 3.4(b3.4(b)(i) shall be given ------------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be given simultaneously with the Repurchase Notice (or, in the event that the Relevant Value of the Common Shares Preferred Stock (or other securities securities) or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five Business Days after the Company receives the Value Report with respect to such offer) and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and Preferred Stock (or other securities or property securities) was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- "Offer Notice") given by the Company pursuant to Section 3.4(b) shall be given ------------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be 22 17 given simultaneously with the Repurchase Notice (or, in the event that the Relevant Value of the Common Shares or other securities or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five Business Days after the Company receives the Value Report with respect to such offer) and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and other securities or property was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- --------------------------- "Offer Notice") given by the Company pursuant to Section 3.4(b) shall be given ------------ ----- ------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be given simultaneously with the Repurchase Notice (or, in the event that the Relevant Value of the Common Shares or other securities or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five Business Days after the Company receives the Value Report with respect to such offer) and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and other securities or property was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer (an -------------------------- "Offer Notice") given by the Company pursuant to Section 3.4(b3.4(b)(i) shall be given ------------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be given simultaneously with the Repurchase Notice (or, in the event that the Relevant Value of the Common Shares Preferred Stock (or other securities securities) or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five Business Days after the Company receives the Value Report with respect to such offer) and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and Preferred Stock (or other securities or property securities) was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer Repuxxxxxx 00 00 Xxfer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.

Notice of Repurchase Offer. Each notice of a Repurchase Offer -------------------------- (an -------------------------- "Offer Notice") given by the Company pursuant to Section 3.4(b) shall be given ------------ by the Company directly to all Holders of the Warrants, with a copy to the Warrant Agent, shall be given simultaneously with the Repurchase Notice (or, in the event that Section 3.4(d)(ii) is applicable and the Relevant Value of the Common Shares or other securities or property issuable upon exercise of all the Warrants cannot be determined pursuant to Section 3.4(d)(ii)(1), then such Offer Notice shall be given within five two Business Days after the Company receives the Value Report with respect to such offer) and shall specify (A) the Final Surrender Time for such Repurchase Offer, (B) the manner in which Warrants may be surrendered to the Warrant Agent for repurchase by the Company, (C) the Repurchase Price at which the Warrants will be repurchased by the Company, (D) if applicable, the name of the Independent Financial Expert whose valuation of the Common Shares and other securities or property was utilized in connection with determining such Repurchase Price and (E) that payment of the Repurchase Price will be made by the Warrant Agent. Each such notice shall be accompanied by a Certificate for Surrender for Repurchase Offer in substantially the form attached to the Warrant Certificate and a copy of the Value Report, if any.