Option of Xxxxxx Xxxxxxx and FSEP IV Sample Clauses

Option of Xxxxxx Xxxxxxx and FSEP IV. If the Company does not ------------------------------------ timely deliver the written notice contemplated by Section 5.1(c) or such notice indicates that the Company has committed to purchase less than 100% of the Offered Shares, then during the period beginning at 12:00 A.M. Houston, Texas time on the twenty-first (21st) day of the Option Period and ending at 11:59 P.M. Houston, Texas time on the forty-fifth (45th) day of the Option Period, Xxxxxx Xxxxxxx and FSEP IV shall have an exclusive option to purchase, on a pro rata basis based on the percentage of the outstanding capital stock of the Company (calculated on a fully diluted basis) then held by each of such stockholders, all or any portion of the Offered Shares which the Company did not commit to purchase during the first twenty (20) days of the Option Period. If either FSEP IV or Xxxxxx Xxxxxxx desires to exercise its option in whole or in part, then no later than 11:59 P.M. Houston, Texas time on the forty-fifth (45th) day of the Option Period, it shall deliver written notice to the Company and the Offering Stockholder which indicates its acceptance of the offer to purchase Offered Shares, and specifies the maximum number of Offered Shares which it has elected to purchase, and its selection of offering price and terms.
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Related to Option of Xxxxxx Xxxxxxx and FSEP IV

  • Sxxxxxxx-Xxxxx Act There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

  • Xxxxxxxx-Xxxxx Act There is and has been no failure on the part of the Company or any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Xxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.

  • Xxxx-Xxxxx-Xxxxxx Act The waiting period (and any extension thereof) applicable to the consummation of the transactions contemplated hereby under the HSR Act shall have expired or been terminated.

  • XX XXXXXXX XXXXXXX the parties hereof have caused this Agreement to be executed in duplicate on the day and year first above written.

  • Xx Xxxxxx No waiver or modification of this Agreement or any of its terms is valid or enforceable unless reduced to writing and signed by the party who is alleged to have waived its rights or to have agreed to a modification.

  • Sxxxxxxx-Xxxxx The Company is, or on the Closing Date will be, in material compliance with the provisions of the Sxxxxxxx-Xxxxx Act of 2002, as amended, and the rules and regulations promulgated thereunder and related or similar rules or regulations promulgated by any governmental or self-regulatory entity or agency, that are applicable to it as of the date hereof.

  • Xxxxxx Xxxxxx Xxxx Xx Day, 3rd Monday in January;

  • Xxxx Xxxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxx Xxxxxxx If the Parties do not agree on an Adjudicator the Adjudicator will be appointed by the Arbitration Foundation of Southern Africa (AFSA).

  • Xxxx Xxxxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

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