Payment Terms of the Option Exercise Price Sample Clauses

Payment Terms of the Option Exercise Price. (a) Buyer and Newmark jointly and severally shall make all payments due under Section 10.2(a) and (b) for the applicable Calculation Year at the respective times and in the manner in which Buyer or Newmark is obligated to make payments to Seller for that Calculation Year pursuant to the provisions of Section 2.2(b), except that (i) such payments pursuant to the provisions of Section 10.2(a) shall be due and payable on or before ten (10) days following completion of the audit for the fiscal year ending December 31, 1999, but in any event prior to April 30, 2000 and (ii) all payments pursuant to the provisions of this Section 10 shall be subject to the provisions of Section 10.3(c)(ii). (b) The characterization of each payment under Sections 10.2(a)(ii) and 10.2(b)(ii) shall be in accordance with the provisions for characterization of Additional Consideration under Section 2.2(b)(4). (c) It is understood and agreed that each payment pursuant to the provisions of this Section 10 is contingent: (i) since it is based on future operations of the Subject Entities; and (ii) since it shall not be payable for any Calculation Year during which the respective Key Employee's employment under the applicable KE Employment Agreement is terminated (A) by the employer therein for "cause" or by that Key Employee otherwise than for "cause" as each such term is defined in the applicable KE Employment Agreement, or (B) because of the disability or death of that Key Employee, as those terms are contemplated by the KE Employment Agreements, except that any amount that otherwise would be payable in respect of the Calculation Year during which that Key Employee's employment is terminated for a reason stated in this Section 10.3(c)(ii)(B) shall be payable to the extent of the product of that amount multiplied by a fraction of which the numerator is the number of days in that Calculation Year expired as of the date of termination of employment for that reason and the denominator is 365. If, as of the date of death or disability of a Key Employee, the Cumulative Net Income allocable to the year of death or disability and/or one or more subsequent Calculation Year has been achieved, then the deceased or disabled Key Employee (or his or her estate) shall be entitled to receive payment of sums under Section 10.2(a)(ii) and (iii) and (b)(ii) on account of such Calculation Year(s), subject to adjustment for any reduction in Cumulative Net Income in any such Subsequent Calculation Year(s) a...
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Related to Payment Terms of the Option Exercise Price

  • Option Exercise Price The per share price to be paid by Optionee in the event of an exercise of the Option will be $ .

  • Payment of Warrant Exercise Price The holder has paid in connection with this exercise the sum of $ to the Company in accordance with the terms of the Warrant.

  • Payment of Exercise Price In the event that the holder has elected a Cash Exercise with respect to some or all of the Warrant Shares to be issued pursuant hereto, the holder shall pay the Aggregate Exercise Price in the sum of $___________________ to the Company in accordance with the terms of the Warrant.

  • Form of Exercise Price The Holder intends that payment of the Exercise Price shall be made as (check one): ☐ a cash exercise with respect to _________________ Warrant Shares; or ☐ by cashless exercise pursuant to the Warrant.

  • Stock Option Exercise Agreement To exercise this Option, Participant (or in the case of exercise after Participant’s death or incapacity, Participant’s executor, administrator, heir or legatee, as the case may be) must deliver to the Company an executed stock option exercise agreement in the form attached hereto as Exhibit A, or in such other form as may be approved by the Committee from time to time (the “Exercise Agreement”), which shall set forth, inter alia, (i) Participant’s election to exercise the Option, (ii) the number of Shares being purchased, (iii) any restrictions imposed on the Shares and (iv) any representations, warranties and agreements regarding Participant’s investment intent and access to information as may be required by the Company to comply with applicable securities laws. If someone other than Participant exercises the Option, then such person must submit documentation reasonably acceptable to the Company verifying that such person has the legal right to exercise the Option and such person shall be subject to all of the restrictions contained herein as if such person were the Participant.

  • Exercise Price The exercise price per share of Common Stock under this Warrant shall be $_____, subject to adjustment hereunder (the “Exercise Price”).

  • Warrant Exercise Price 1.1 Each Warrant shall entitle the Warrant Holder the right to purchase one share of Common Stock of the Company (individually, a "Warrant Share" severally, the "Warrant Shares"). 1.2 The purchase price payable upon exercise of each Warrant ("Exercise Price") shall be $.

  • Adjustment to Exercise Price Whenever the Exercise Price is adjusted pursuant to any provision of this Section 3, the Company shall promptly deliver to the Holder by facsimile or email a notice setting forth the Exercise Price after such adjustment and any resulting adjustment to the number of Warrant Shares and setting forth a brief statement of the facts requiring such adjustment.

  • Payment of Option Price The purchase price of Common Stock upon exercise of this Option shall be paid in full to the Corporation at the time of the exercise of the Option in cash or by the surrender to the Corporation of shares of previously acquired Common Stock which shall have been held by the Participant for at least six (6) months and which shall be valued at Fair Market Value on the date the Option is exercised, or by a combination of cash and such Common Stock.

  • Minimum Adjustment of Exercise Price No adjustment of the Exercise Price shall be made in an amount of less than 1% of the Exercise Price in effect at the time such adjustment is otherwise required to be made, but any such lesser adjustment shall be carried forward and shall be made at the time and together with the next subsequent adjustment which, together with any adjustments so carried forward, shall amount to not less than 1% of such Exercise Price.

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