Common use of Optional Payment With Shares Clause in Contracts

Optional Payment With Shares. Subject to Section 10.1, any ---------------------------- STOCKHOLDER may make any payment to HDS required by this Section 11 by tendering shares of HDS Stock obtained by such STOCKHOLDER pursuant to Sections 2 and 3 of this Agreement, with shares so tendered being valued at the closing price per share on the trading day prior to the date the indemnification obligation is paid. No STOCKHOLDER will be entitled to make payment with any other shares of HDS Stock.

Appears in 2 contracts

Samples: Merger Agreement (Hospitality Design & Supply Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc)

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Optional Payment With Shares. Subject to Section 10.1, any ---------------------------- STOCKHOLDER may make any payment to HDS required by this Section 11 by tendering shares of HDS Stock obtained by such STOCKHOLDER pursuant to under Sections 2 and 3 of this Agreement, with shares so tendered being valued at the closing price per share on the trading day prior to the date before the indemnification obligation is paid. No STOCKHOLDER will be entitled to make payment with any other shares of HDS Stock.

Appears in 1 contract

Samples: Merger Agreement (Hospitality Design & Supply Inc)

Optional Payment With Shares. Subject to Section 10.1, any ---------------------------- Any STOCKHOLDER may make any payment ---------------------------- to HDS required by this Section 11 by tendering shares of HDS Stock obtained by such STOCKHOLDER pursuant to Sections 2 and 3 of this Agreement, with shares so tendered being valued at the closing price per share on the trading day prior to the date the indemnification obligation is paid. No STOCKHOLDER will be entitled to make payment with any other shares of HDS Stock.

Appears in 1 contract

Samples: Merger Agreement (Hospitality Design & Supply Inc)

Optional Payment With Shares. Subject to Section 10.1, any ---------------------------- STOCKHOLDER may make any payment to HDS required by this Section 11 by tendering shares of HDS Stock obtained by such STOCKHOLDER pursuant to Sections 2 and 3 of this Agreement, with shares so tendered being valued at the closing price per share on the trading day prior to the date the indemnification obligation is paid. No STOCKHOLDER will be entitled to make payment with any other shares of HDS Stock.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Hospitality Design & Supply Inc)

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Optional Payment With Shares. Subject to Section 10.1, any ---------------------------- Any STOCKHOLDER may make any payment to HDS ---------------------------- required by this Section 11 by tendering shares of HDS Stock obtained by such STOCKHOLDER pursuant to Sections 2 and 3 of this Agreement, with shares so tendered being valued at the closing price per share on the trading day prior to the date the indemnification obligation is paid. No STOCKHOLDER will be entitled to make payment with any other shares of HDS Stock.

Appears in 1 contract

Samples: Merger Agreement (Hospitality Design & Supply Inc)

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