Obligation to Repurchase. During a period commencing 1 year after delivery of the first Aircraft under the Purchase Agreement, and ending 5 years after such delivery, Boeing will, upon receipt of Customer's written request and subject to the exceptions in Paragraph 7.2, Exceptions, repurchase unused and undamaged Provisioning Items which (i) were recommended by Boeing in the Provisioning Data as initial provisioning for the Aircraft, (ii) were purchased by Customer from Boeing, and (iii) are surplus to Customer's needs.
Obligation to Repurchase. Whenever any person, firm, or corporation engaged in the business of selling and retailing farm implements and repair parts for farm implements enters into a written or oral contract, sales agreement, or security agreement whereby the retailer agrees with any wholesaler, manufacturer, or distributor of farm implements, machinery, attachments or repair parts or outdoor power equipment, attachments, or repair parts to maintain a stock of parts or complete or whole machines, or attachments, and thereafter the written or oral contract, sales agreement, or security agreement is terminated, canceled, or discontinued, then the wholesaler, manufacturer, or distributor shall pay to the retailer or credit to the retailer's account, if the retailer has outstanding any sums owing the wholesaler, manufacturer, or distributor, unless the retailer should desire and has a contractual right to keep such merchandise, a sum equal to 100 percent of the net cost of all unused complete farm implements, machinery, and attachments or outdoor power equipment and attachments in new condition which have been purchased by the retailer from the wholesaler, manufacturer, or distributor within the 24 months immediately preceding notification by either party of intent to terminate, cancel, or discontinue the contract, including transportation charges and reasonable assembly charges which have been paid by the retailer, or invoiced to retailer's account by the wholesaler, manufacturer, or distributor and the following:
(a) 95 percent of the current net prices on repair parts, including superseded parts listed in current price lists or catalogs in use by the wholesaler, manufacturer, or distributor or its predecessor on the date of the termination, cancellation, or discontinuance of the contract;
(b) as to any parts not listed in current price lists or catalogs, 100 percent of the invoiced price of the repair part for which the retailer has an invoice which parts had previously been purchased by the retailer from the wholesaler, manufacturer, or distributor and are held by the retailer on the date of the termination, cancellation, or discontinuance of the contract or thereafter received by the retailer from the wholesaler, manufacturer, or distributor;
(c) 50 percent of the most recently published price of all other parts provided the price list or catalog is not more than ten years old as of the date of the cancellation or discontinuance of the contract;
(d) net cost less 20 percent per y...
Obligation to Repurchase. At any time that the Company is not a “reporting company” under Section 12 of the Exchange Act, the Participant, by written notice to the Company (a “Notice to Purchase”), may elect to require the Company to purchase from the Participant any and all shares of Common Stock, whether or not such shares have become vested in accordance with Section 3 or 6 of this Award Agreement, and that are beneficially owned by the Participant as of the date of such Notice to Purchase. If the Company shall become a “reporting company” after a Notice to Purchase is given and prior to the consummation of the repurchase which is the subject of such Notice to Purchase, the Company’s repurchase obligation shall continue in full force and effect.
Obligation to Repurchase. During a period commencing one (1) year after delivery of the first Aircraft, and ending five (5) years after such delivery, Boeing will, upon receipt of Customer’s written request and subject to the exceptions in Article 6.2, repurchase unused and undamaged Provisioning Items which were peculiar to the Aircraft as compared to the delivery configuration of Model 737-85C aircraft previously purchased by Customer from Boeing and (i) were recommended by Boeing in the Provisioning Data as initial provisioning for the Aircraft, (ii) were purchased by Customer from Boeing, and (iii) are surplus to Customer’s needs. P.A. No. 3217 Spare_Parts_Initial_Provisioning Xiamen Airlines 3217-01
Obligation to Repurchase. Seller shall become obligated to, and Seller hereby covenants and agrees to repurchase from Purchaser any and all Contracts sold to Purchaser by Seller under this Agreement upon the occurrence of any one or more of the following events pertaining to any Contracts:
(a) Contract Obligor asserts any valid claim or defense against Purchaser, which Contract Obligor could assert against Seller, with regard to the Financed Vehicle and/or services described in the Contract or his, her or their obligations under the Contract, pursuant to any federal or state law, rule or regulation relating to consumer sales, credit, warranties, claims and defenses.
(b) The Contract Obligor, or any other party purported to be obligated on a Contract is not legally obligated to pay the obligation evidenced by the Contract.
(c) Seller (including its employees, agents and representatives) breaches any provisions in or relating to this Agreement or any Contract, or if any Revised February, 1998 6 form of assignment by which any Contract was conveyed to Purchaser is incorrect or invalid.
(d) With respect to any and all Contracts purchased by Purchaser "with recourse" to the Seller, each and every time a Contract Obligor fails for any reason to promptly pay and satisfy in full each, any and all of its obligations thereunder in accordance with the Contract terms, including, but not limited to, Contract Obligor becoming sixty (60) or more days contractually past due, Seller shall repurchase any and all such Contracts from Purchaser upon Purchaser's demand.
Obligation to Repurchase. Upon the occurrence of any Change of Control, each Holder will have the right to require that the Companies purchase that Holder's Notes for a cash price (the "Change of Control Purchase Price") equal to 101% of the principal amount of the Notes to be purchased, plus accrued and unpaid interest thereon, if any, to the date of purchase. Within 30 days following any Change of Control, the Companies shall mail, or cause to be mailed, to the Holders a notice:
(i) describing the transaction or transactions that constitute the Change of Control;
(ii) offering to purchase, pursuant to the procedures required by this Agreement and described in the notice (a "Change of Control Offer"), on a date specified in the notice (which shall be a Business Day not earlier than 30 days nor later than 60 days from the date the notice is mailed) (the "Change of Control Payment Date") and for the Change of Control Purchase Price, all Notes properly tendered by such Holder pursuant to such Change of Control Offer; and
(iii) describing the procedures that Holders must follow to accept the Change of Control Offer. The Change of Control Offer is required to remain open for at least 20 Business Days or for such longer period as is required by law. The provisions of this Section 4.15 require the Companies to make a Change of Control Offer following a Change of Control and shall be applicable regardless of whether any other provisions of this Agreement are applicable. The Companies may, at any time and from time to time, acquire Notes by means other than a redemption, whether pursuant to an issuer tender offer, open market purchase or otherwise, so long as the acquisition does not otherwise violate the terms of this Article IV. The Companies shall comply with the requirements of Rule 14e-1 under the Exchange Act and any other securities laws and regulations thereunder to the extent such laws and regulations are applicable in connection with the repurchase of Notes in connection with a Change of Control. To the extent that the provisions of any securities laws or regulations conflict with this Section 4.15, the Companies shall comply with the applicable securities laws and regulations and shall not be deemed to have breached its obligations under this Section 4.15 by virtue of such compliance.
Obligation to Repurchase. [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT].
Obligation to Repurchase. During the period commencing *** after delivery of the first Aircraft, and ending *** after such delivery, Boeing will, upon receipt of Customer’s written request and subject to the exceptions in Article 6.2, repurchase unused and undamaged Provisioning Items which (i) were recommended by Boeing in the Provisioning Data as initial provisioning for the Aircraft, (ii) were purchased by Customer from Boeing, and (iii) are surplus to Customer’s needs.
Obligation to Repurchase. The Repurchase Notice having been so given to each such holder, the Company shall be obligated to purchase all of each such holder's Warrant Shares, and shall pay the Repurchase Price payable to each such holder in immediately available funds, on the Repurchase Date, and each such holder shall be obligated to deliver to the Company in exchange therefore, any and all certificates or other instruments evidencing its respective Warrant Shares, together with appropriate stock powers or other instruments of transfer or assignment duly endorsed in blank.
Obligation to Repurchase. (a) The Investor and the Company agree that, to the extent that the conversion by the Investor of its remaining 2,500,000 shares of Series A Preferred Stock at the time of the IPO would result in the Investor holding more than 9.9% of the outstanding shares of Common Stock on such date (assuming the conversion of all outstanding shares of Series A Preferred Stock), then the Company will, immediately prior to the conversion of Series A Preferred Stock by the Investor, repurchase enough shares of Series A Preferred Stock from the Investor so that the Investor would hold no more than 9.9% of the outstanding shares of Common Stock immediately following the closing of the IPO. The repurchase price shall be calculated in the same manner as set forth in Section 4.a of the Certificate of Designation. The Investor agrees not to exercise any rights set forth in Section 4.a of the Certificate of Designation. The Company shall pay the repurchase price to the Investor within five (5) Business Days after the Closing, by wire transfer of immediately available funds to an account designated by the Investor in a written notice delivered to the Company at the Closing.
