Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants to the Representative on behalf of the Underwriters the Option to purchase, severally and not jointly, all or less than all of the Option Shares. The purchase price (net of discount and commissions) to be paid for each Option Share will be the same Purchase Price (net of discount and commissions) allocated to each Firm Share. The Option may be exercised in whole or in part at any time and from time to time on or before the 45th day after the date of this Agreement, upon written notice (the “Option Notice”) by the Representative to the Company no later than 12:00 noon, New York City time, at least one and no more than five business days before the date specified for closing in the Option Notice (the “Option Closing Date”) setting forth the aggregate number of Firm Shares to be purchased and the time and date for such purchase. Upon exercise of the Option, the Company will become obligated to convey to the Underwriters, and, subject to the terms and conditions set forth herein, the Underwriters will become obligated to purchase, the number of Firm Shares specified in the Option Notice. If any Option Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Option Shares that, together with the number of Firm Shares, is set forth on Schedule A opposite such Underwriter’s name. For purposes of this Agreement, “business day” means any day except Saturday, Sunday and any day which is a federal legal holiday or a day on which banking institutions in the State of New York are authorized or required by law or other governmental action to close.
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants the Option to the several Underwriters to purchase, severally and not jointly, all or less than all of the Option Shares at the Purchase Price less an amount per share equal to any dividends or distributions declared by the Company and payable on the Firm Shares but not payable on the Option Shares. The Option may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representatives to the Company no later than 12:00 noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On any Option Closing Date, the Company shall issue and sell to the Underwriters the number of Option Shares set forth in the Option Shares Notice and each Underwriter shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, as adjusted by the Representatives in such manner as they deem advisable to avoid fractional shares.
Purchase of Option Shares. The Optionee may purchase the Shares subject to the Option in whole at any time, or in part from time to time, by delivering to the Secretary of the Companies written notice specifying the number of Shares being purchased, together with payment in full of the purchase price of such Shares plus any applicable federal, state or local taxes for which the Companies have a withholding obligation in connection with such purchase. Such payment shall be made in whole or in part in cash, or by personal check, certified check, money market check or bank draft payable to the order of the Companies.
Purchase of Option Shares. Subject to all the terms and conditions of this Agreement, the Company grants the Option to the several Underwriters to purchase, severally and not jointly, up to an aggregate of [______________] Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares. The Option may be exercised only to cover over-allotments in the sale of the Firm Shares by the Underwriters and may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representatives to the Company no later than 12:00 noon, New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (the “Option Closing Date”) setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to the Underwriters the number of Option Shares set forth in the Option Shares Notice and the Underwriters shall purchase from the Company such percentage of the Option Shares as is equal to the percentage of Firm Shares that such Underwriter is purchasing, as adjusted by the Representatives in such manner as they deem advisable to avoid fractional shares.
Purchase of Option Shares. Gentlemen: In accordance with my Stock Option Agreement dated as of (“Agreement”) with WisdomTree Investments, Inc. (the “Company”), I hereby irrevocably elect to exercise the right to purchase shares of the Company’s common stock, par value $.01 per share (“Common Stock”), which are being purchased for investment and not for resale. As payment for my shares, enclosed is (check and complete applicable box[es]):
Purchase of Option Shares. Gentlemen: In accordance with my Stock Option Agreement dated as of January 12, 2011 (“Agreement”) with Frederick’s of Hollywood Group Inc. (the “Company”), I hereby irrevocably elect to exercise the right to purchase _________ shares of the Company’s common stock, par value $.01 per share (“Common Stock”), which are being purchased for investment and not for resale. As payment for my shares, enclosed is a certified or bank check payable to Frederick’s of Hollywood Group Inc. in the sum of $ . I hereby represent, warrant to, and agree with, the Company that
Purchase of Option Shares. Gentlemen: In accordance with my Stock Option Agreement dated as of September 25, 1996 ("Agreement") with HumaScan Inc. (the "Company"), I hereby irrevocably elect to exercise the right to purchase _________ shares of the Company's common stock, par value $.01 per share ("Common Stock"), which are being purchased for investment and not for resale. As payment for my shares, enclosed is (check and complete applicable box[es]): a [personal check] [certified check] [bank check] payable to the order of "HumaScan Inc." in the sum of $_________; confirmation of wire transfer in the amount of $_____________; and/or certificate for ____ shares of the Company's Common Stock, free and clear of any encumbrances, duly endorsed, having a fair market value of $_________. I hereby represent, warrant to, and agree with, the Company that:
Purchase of Option Shares. In addition, on the basis of the representations, warranties and agreements of the Company and the Operating Partnership herein contained and subject to all the terms and conditions of this Agreement, the Company grants an option to the Underwriters to purchase up to 600,000 Option Shares from the Company at the same price per share as the Underwriters shall pay for the Firm Shares; provided that the price per share for any Option Shares shall be reduced by an amount per share equal to any dividend or distributions declared and payable by the Company on the Firm Shares but not payable on the Option Shares. The option hereby granted may be exercised in whole or in part at any time on or before the 30th day after the date of this Agreement, upon written notice (the “Option Shares Notice”) by the Representatives to the Company no later than 12:00 p.m., New York City time, at least two and no more than five business days before the date specified for closing in the Option Shares Notice (an “Option Closing Date”), setting forth the aggregate number of Option Shares to be purchased and the time and date for such purchase. On the Option Closing Date, the Company shall issue and sell to the Underwriters the number of Option Shares set forth in the Option Shares Notice, and the Underwriters shall purchase from the Company such Option Shares.
Purchase of Option Shares. (a) In the event that the Termination Date occurs for any reason prior to an Initial Public Offering or an Approved Sale, the Option Shares shall be subject to repurchase as follows:
(i) Issuer, during the sixty (60) days following the later of the Termination Date or the date upon which Optionee gives notice in accordance with Section 7 hereof of his election to exercise all or a part of the portion of the Option vested at the Termination Date (the "Repurchase Period"), shall have the right to purchase all, but not less than all, of the Option Shares owned by Optionee on the Termination Date or to be acquired by Optionee pursuant to such notice of exercise.
(ii) In the event that Optionee becomes entitled to acquire Option Shares after the Termination Date, Issuer may notify Optionee in accordance with Section 9(b) hereof that Issuer will purchase any Option Shares that Optionee may thereafter acquire upon the exercise of the Option and shall set the Purchase Date (as hereinafter defined) and shall purchase such Option Shares, if any, pursuant to the terms of this Agreement.
(iii) The purchase price (the "Repurchase Price") for each Option Share shall be Fair Market Value, provided, however, that in the case of Option Shares purchased by Optionee during the 90-day period immediately preceding the Purchase Date, if no material adverse change in the business or financial condition of the Employer occurs during such 90-day period, the purchase price shall be the greater of Fair Market Value or the per share exercise price paid by Optionee upon his acquisition of the Option Share.
(iv) If Issuer elects to purchase the Option Shares, it shall notify Optionee at or before the end of the Repurchase Period and the Repurchase Price shall be paid in cash at a time set by Issuer which time shall be within thirty (30) days after the end of the Repurchase Period (the "Purchase Date"), provided that Optionee has presented to Issuer an Endorsed Certificate.
(v) The Option Shares shall be transferred to Issuer free and clear of all liens, encumbrances, mortgages, pledges, security interests, restrictions, prior assignments and claims of any kind or nature whatsoever except those created by the Restated Certificate of Incorporation or this Agreement. If Issuer does not purchase the Option Shares, the restrictions on transfer thereof contained in Sections 5 and 8 of this Agreement shall terminate and be of no further force and effect. Notwithstanding Optionee's failure to ...
Purchase of Option Shares. Gentlemen: In accordance with my Stock Option Agreement, dated as of _____________, with PAVmed Inc. (“Company”), under the Company’s 2014 Long-Term Incentive Equity Plan, I hereby irrevocably elect to exercise the right to purchase _____________ shares of the Company’s common stock, par value $.0001 per share (“Common Stock”), which are being purchased for investment and not for resale. As payment for my shares, enclosed is (check and complete applicable boxes): [ ] a [ ] personal check or [ ] certified check or [ ] bank check payable to the order of “PAVmed Inc.” in the sum of $_____________; [ ] confirmation of wire transfer in the amount of $_____________; and/or [ ] with the consent of the Company, a certificate for _____________ shares of the Company’s Common Stock, free and clear of any encumbrances, duly endorsed, having a Fair Market Value (as such term is defined in the 2014 Long-Term Incentive Equity Plan) of $_____________. I hereby represent and warrant to, and agree with, the Company that:
