Option of Company and Sun. (i) As a result of the foregoing transmittal of the Outside Offer, the Selling Stockholder shall be deemed to have offered in writing to sell to the Company all, but not less than all, of such Selling Stockholder’s shares of Common Stock which are proposed to be purchased in the Outside Offer at the price and upon the terms and conditions set forth in the Outside Offer. For a period of ten (10) days after such deemed offer by the Selling Stockholder to the Company, the Company shall have the option, exercisable by written notice to the Selling Stockholder, to accept the Selling Stockholder’s offer, in whole and not in part, as to the Selling Stockholder’s shares of Common Stock that are the subject of the Outside Offer.
Appears in 3 contracts
Samples: Grant Agreement (Exopack Holding Corp), Stockholders’ Agreement (Indalex Holding Corp.), Grant Agreement (Exopack Holding Corp)
Option of Company and Sun. (i) As a result of the foregoing transmittal of the Outside Offer, the Selling Stockholder Shareholder shall be deemed to have offered in writing to sell to the Company all, but not less than all, of such Selling StockholderShareholder’s shares of Common Stock which are proposed to be purchased in the Outside Offer at the price and upon the terms and conditions set forth in the Outside Offer. For a period of ten (10) days after such deemed offer by the Selling Stockholder Shareholder to the Company, the Company shall have the option, exercisable by written notice to the Selling StockholderShareholder, to accept the Selling StockholderShareholder’s offer, in whole and not in part, as to the Selling StockholderShareholder’s shares of Common Stock that are the subject of the Outside Offer.
Appears in 3 contracts
Samples: Shareholders’ Agreement (Mackie Designs Inc), Form of Shareholders Agreement (San Holdings Inc), Shareholders Agreement (San Holdings Inc)
Option of Company and Sun. (i) As a result of the foregoing transmittal of the Outside Offer, the Selling Stockholder shall be deemed to have offered in writing to sell to the Company all, but not less than all, of such Selling Stockholder’s shares of 's Unregistered Common Stock or Warrants to the Company which are proposed to be purchased in the Outside Offer at the price and upon the terms and conditions set forth in the Outside Offer. For a period of ten twenty (1020) days after such deemed offer by the Selling Stockholder to the Company, the Company shall have the option, exercisable by written notice to the Selling Stockholder, to accept the Selling Stockholder’s 's offer, in whole and not in part, as to the Selling Stockholder’s shares of 's Unregistered Common Stock that are the subject of the Outside Offeror Warrants.
Appears in 2 contracts
Samples: Stockholders' Agreement (Northland Cranberries Inc /Wi/), Stockholders' Agreement (Sun Capital Partners Ii Lp)
Option of Company and Sun. (i) As a result of the foregoing transmittal of the Outside Offer, the Selling Stockholder shall be deemed to have offered in writing to sell to the Company all, but not less than all, of such Selling Stockholder’s shares of Common Stock interest in the Securities which are proposed to be purchased in the Outside Offer at the price and upon the terms and conditions set forth in the Outside Offer. For a period of ten (10) days after such deemed offer by the Selling Stockholder to the Company, the Company shall have the option, exercisable by written notice to the Selling Stockholder, to accept the Selling Stockholder’s offer, in whole and not in part, as to the Selling Stockholder’s shares of Common Stock interest in the Securities that are the subject of the Outside Offer.
Appears in 1 contract
Samples: Securityholders’ Agreement (Horsehead Holding Corp)
Option of Company and Sun. (i) As a result of the foregoing transmittal of the Outside Offer, the Selling Stockholder shall be deemed to have offered in writing to sell to the Company all, but not less than all, of such Selling Stockholder’s shares of Common Stock which are proposed to be purchased in the Outside Offer at the price and upon the terms and conditions set forth in the Outside Offer. For a period of ten (10) days after such deemed offer by the Selling Stockholder to the Company, the Company shall have the option, exercisable by written notice to the Selling Stockholder, to accept the Selling Stockholder’s offer, in whole and not in part, as to the Selling Stockholder’s shares of Common Stock that are the subject of the Outside Offer.
Appears in 1 contract
Samples: Stockholders’ Agreement (One Price Clothing Stores Inc)
Option of Company and Sun. (i) As a result of the foregoing transmittal of the Outside Offer, the Selling Stockholder shall be deemed to have offered in writing to sell to the Company all, but not less than all, of such Selling Stockholder’s 's shares of Common Stock which are proposed to be purchased in the Outside Offer at the price and upon the terms and conditions set forth in the Outside Offer. For a period of ten (10) days after such deemed offer by the Selling Stockholder to the Company, the Company shall have the option, exercisable by written notice to the Selling Stockholder, to accept the Selling Stockholder’s 's offer, in whole and not in part, as to the Selling Stockholder’s 's shares of Common Stock that are the subject of the Outside Offer.
Appears in 1 contract
Samples: Stockholders' Agreement (One Price Clothing Stores Inc)
Option of Company and Sun. (i) As a result of the foregoing transmittal of the Outside Offer, the Selling Stockholder Shareholder shall be deemed to have offered in writing to sell to the Company all, but not less than all, of such Selling StockholderShareholder’s shares of Common Stock or Warrants to the Company which are proposed to be purchased in the Outside Offer at the price and upon the terms and conditions set forth in the Outside Offer. For a period of ten twenty (1020) days after such deemed offer by the Selling Stockholder Shareholder to the Company, the Company shall have the option, exercisable by written notice to the Selling StockholderShareholder, to accept the Selling StockholderShareholder’s offer, in whole and not in part, as to the Selling StockholderShareholder’s shares of Common Stock that are the subject of the Outside Offeror Warrants.
Appears in 1 contract