Common use of Purchase and Sale of Executive Units Clause in Contracts

Purchase and Sale of Executive Units. (a) Upon execution of this Agreement, Executive shall (i) purchase, and the Company shall sell, 131.7 Class A Units at a price of $100 per unit, 28.584 Class L Units at a price of $8,100 per unit, 387.92 Class B Units at a price of $0.01 per unit and 412.681 Class C Units at a price of $0.01 per unit and (ii) cause the Trustee for the benefit of the XXX to purchase, and the Company shall sell, 197 Class A Units at a price of $100 per unit, 7.938 Class L Units at a price of $8,100 per unit, 0 Class B Units at a price of $0.01 per unit and 0 Class C Units at a price of $0.01 per unit. The Company shall deliver to each of Executive and the Trustee for the benefit of the XXX an executed copy of the Company's limited liability company agreement (the "Operating Agreement") indicating each of Executive's and the IRA's ownership of -------------------- such Class A Units, Class L Units, Class B Units and Class C Units, and Executive shall (y) deliver to the Company a cashier's or certified check, or by wire transfer of immediately available funds, in an aggregate principal amount of $113,078 and a promissory note in the form of Annex A attached hereto in an ------- aggregate principal amount of $131,700 (the "Executive Note") and (z) cause the -------------- Trustee for the benefit of the XXX to deliver to the Company a cashier's or certified check, or by wire transfer of immediately available funds, in an aggregate principal amount of $83,922. Executive's obligations under the Executive Note shall be secured by a pledge of all of the Executive Units to the Company, and in connection therewith, Executive shall enter into a pledge agreement in the form of Annex B attached hereto (the "Pledge Agreement"). ------- ---------------- (b) Within 30 days after Executive and/or Trustee for the benefit of the XXX purchases any Executive Units from the Company, Executive shall, and shall cause the Trustee on behalf of the XXX to, make an effective election with the Internal Revenue Service under Section 83(b) of the Internal Revenue Code and the regulations promulgated thereunder in the form of Annex C attached ------- hereto.

Purchase and Sale of Executive Units. (a) Upon execution of this Agreement, Executive shall (i) purchase, and the Company shall sell, 131.7 251.5 Class A Units at a price of $100 per unit, 28.584 50.167 Class L Units at a price of $8,100 per unit, 387.92 355.594 Class B Units at a price of $0.01 per unit and 412.681 378.291 Class C Units at a price of $0.01 per unit and (ii) cause the Trustee for the benefit of the XXX to purchase, and the Company shall sell, 197 200 Class A Units at a price of $100 per unit, 7.938 0 Class L Units at a price of $8,100 per unit, 0 Class B Units at a price of $0.01 per unit and 0 Class C Units at a price of $0.01 per unit. The Company shall deliver to each of Executive and the Trustee for the benefit of the XXX an executed copy of the Company's limited liability company agreement (the "Operating Agreement") indicating each of Executive's and the IRA's ownership of -------------------- such Class A Units, Class L Units, Class B Units and Class C Units, and Executive shall (y) deliver to the Company a cashier's or certified check, or by wire transfer of immediately available funds, in an aggregate principal amount of $113,078 330,000 and a promissory note in the form of Annex A attached hereto in an ------- aggregate principal amount of $131,700 101,500 (the "Executive Note") )] and (z) cause -------------- the -------------- Trustee for the benefit of the XXX to deliver to the Company a cashier's or certified check, or by wire transfer of immediately available funds, in an aggregate principal amount of $83,92220,000. Executive's obligations under the Executive Note shall be secured by a pledge of all of the Executive Units to the Company, and in connection therewith, Executive shall enter into a pledge agreement in the form of Annex B attached hereto (the "Pledge Agreement"). ------- ---------------- (b) Within 30 days after Executive and/or Trustee for the benefit of the XXX purchases any Executive Units from the Company, Executive shall, and shall cause the Trustee on behalf of the XXX to, make an effective election with the Internal Revenue Service under Section 83(b) of the Internal Revenue Code and the regulations promulgated thereunder in the form of Annex C attached ------- hereto.. -------

Purchase and Sale of Executive Units. (a) Upon execution of this Agreement, Executive shall (i) purchase, and the Company shall sell, 131.7 335 Class A Units at a price of $100 per unit, 28.584 39.445 Class L Units at a price of $8,100 per unit, 387.92 420.247 Class B Units at a price of $0.01 per unit and 412.681 447.071 Class C Units at a price of $0.01 per unit and (ii) cause the Trustee for the benefit of the XXX to purchase, and the Company shall sell, 197 53 Class A Units at a price of $100 per unit, 7.938 3.667 Class L Units at a price of $8,100 per unit, 0 Class B Units at a price of $0.01 per unit and 0 Class C Units at a price of $0.01 per unit. The Company shall deliver to each of Executive and the Trustee for the benefit of the XXX an executed copy of the Company's limited liability company agreement (the "Operating Agreement") indicating each of Executive's and the IRA's ownership of -------------------- such Class A Units, Class L Units, Class B Units and Class C Units, and Executive shall (y) deliver to the Company a cashier's or certified check, or by wire transfer of immediately available funds, in an aggregate principal amount of $113,078 230,000 and a promissory note in the form of Annex A attached hereto in an ------- aggregate principal amount of $131,700 123,000 (the "Executive Note") and (z) cause the -------------- Trustee for the benefit of the XXX to deliver to the Company a cashier's or certified check, or by wire transfer of immediately available funds, in an aggregate principal amount of $83,92235,000. Executive's obligations under the Executive Note shall be secured by a pledge of all of the Executive Units to the Company, and in connection therewith, Executive shall enter into a pledge agreement in the form of Annex B attached hereto (the "Pledge Agreement"). ------- ---------------- (b) Within 30 days after Executive and/or Trustee for the benefit on behalf of the XXX purchases any Executive Units from the Company, Executive shall, and shall cause the Trustee on behalf for the benefit of the XXX to, make an effective election with the Internal Revenue Service under Section 83(b) of the Internal Revenue Code and the regulations promulgated thereunder in the form of Annex C attached ------- hereto.. -------

Purchase and Sale of Executive Units. (a) Upon execution of this Agreement, Executive shall (i) purchase, and the Company shall sell, 131.7 174.7 Class A Units at a price of $100 per unit, 28.584 36.078 Class L Units at a price of $8,100 per unit, 387.92 Class B Units at a price of $0.01 per unit and 412.681 Class C Units at a price of $0.01 per unit and (ii) cause the Trustee for the benefit of the XXX to purchase, and the Company shall sell, 197 200 Class A Units at a price of $100 per unit, 7.938 5.556 Class L Units at a price of $8,100 per unit, 0 Class B Units at a price of $0.01 per unit and 0 Class C Units at a price of $0.01 per unit. The Company shall deliver to each of Executive and the Trustee for the benefit of the XXX an executed copy of the Company's limited liability company agreement (the "Operating Agreement") indicating each of Executive's and the IRA's ownership of -------------------- such Class A Units, Class L Units, Class B Units and Class C Units, and Executive shall (y) deliver to the Company a cashier's or certified check, or by wire transfer of immediately available funds, in an aggregate principal amount of $113,078 190,000 and a promissory note in the form of Annex A attached hereto in an ------- aggregate principal amount of $131,700 119,700 (the "Executive Note") and (z) cause the -------------- Trustee for the benefit of the XXX to deliver to the Company a cashier's or certified check, or by wire transfer of immediately available funds, in an aggregate principal amount of $83,92265,000. Executive's obligations under the Executive Note shall be secured by a pledge of all of the Executive Units to the Company, and in connection therewith, Executive shall enter into a pledge agreement in the form of Annex B attached hereto (the "Pledge Agreement"). ------- ---------------- (b) Within 30 days after Executive and/or the Trustee for the benefit of the XXX purchases any Executive Units from the Company, Executive shall, and shall cause the Trustee on behalf of the XXX to, make an effective election with the Internal Revenue Service under Section 83(b) of the Internal Revenue Code and the regulations promulgated thereunder in the form of Annex C attached ------- hereto.