Common use of Purchase of Company and Portillo’s OpCo Equity Interests Clause in Contracts

Purchase of Company and Portillo’s OpCo Equity Interests. (a) The per share or unit purchase price, as applicable, for each Purchased LLC Unit or Purchased Share to be purchased by the Company pursuant to Sections 1(b) or 1(c) shall be equal to the price at which the shares of Class A Common Stock are sold in the Public Offering, less any underwriting discounts and commissions (the “Share/LLC Unit Price”); provided that the Share/LLC Unit Price for any Optional Purchased Equity Interests to be purchased by the Company pursuant to Section 1(c) shall also include an amount per Purchased Equity Interest equal to any dividends or distributions declared by the Company and payable on Firm Shares (as defined in the Underwriting Agreement) but not payable on the Optional Shares (as defined in the Underwriting Agreement).

Appears in 3 contracts

Samples: Stock and Unit Purchase Agreement (Portillo's Inc.), Stock and Unit Purchase Agreement (Portillo's Inc.), Stock and Unit Purchase Agreement (Portillo's Inc.)

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Purchase of Company and Portillo’s OpCo Equity Interests. (a) a. The per share or unit purchase price, as applicable, for each Purchased LLC Unit or Purchased Share to be purchased by the Company pursuant to Sections 1(b) or 1(c) shall be equal to the price at which the shares of Class A Common Stock are sold in the Public Offering, less any underwriting discounts and commissions (the “Share/LLC Unit Price”); provided that the Share/LLC Unit Price for any Optional Purchased Equity Interests to be purchased by the Company pursuant to Section 1(c) shall also include an amount per Purchased Equity Interest equal to any dividends or distributions declared by the Company and payable on Firm Shares (as defined in the Underwriting Agreement) but not payable on the Optional Shares (as defined in the Underwriting Agreement).

Appears in 1 contract

Samples: Stock and Unit Purchase Agreement (Portillo's Inc.)

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