Replacement Option. Within ten (10) days of receipt of Replacement from Depositor, DSI will send a letter to Preferred Registrant stating that Depositor requests to replace existing Deposit Material, and DSI will include a copy of the new Exhibit B(s) listing the new Deposit Material. Preferred Registrant has twenty (20) days from the mailing of such letter by DSI to instruct DSI to retain the existing Deposit Material held by DSI, and if so instructed, DSI will change the Replacement to a Supplemental. Conversion to Supplemental may cause an additional storage unit fee as specified by DSI's Fee and Services Schedule. If Preferred Registrant does not instruct DSI to retain the existing Deposit Material, DSI shall permit such Deposit Material to be replaced with the Replacement. Within ten (10) days of acceptance of the Replacement by DSI, DSI shall issue a copy of the executed Exhibit B(s) to Depositor and Preferred Registrant. DSI will either destroy or return to Depositor all Deposit Material replaced by the Replacement.
Replacement Option. In the manner described hereunder, the Partnership hereby agrees to grant a replacement unit option ("Replacement Unit Option") under the Unit Option Plan contingent upon (a) the consummation of the Merger, (b) the approval of the Unit Option Plan by a majority of the unitholders of the Partnership, and (c) the Optionee's continued service as a director of Homes until immediately prior to the Effective Time and Optionee's agreement to serve as a director of the Partnership's general partner after the Effective Time. Specifically, as a replacement of the Canceled Stock Option, on an aggregate basis, the Partnership shall issue to Optionee a Replacement Unit Option to purchase the number of Class A Units of the Partnership equal to the product of the "Conversion Ratio" (as defined in the Merger Agreement) multiplied by the aggregate number of shares of Homes common stock that are subject to the Canceled Stock Option. The exercise price per unit of the Replacement Unit Option shall be equal to the exercise price per share of the Canceled Stock Option divided by the Conversion Ratio. In the event that the grant of the Replacement Unit Option would result in an option to acquire a fractional Class A Unit, such fractional Class A Unit shall not be issued, and the aggregate exercise price for the Replacement Unit Option shall be reduced by the proportionate amount of the aggregate exercise price attributable to the fractional Class A Unit. The Replacement Unit Option shall be exercisable in accordance with the same vesting dates and expiration date as exist under the Canceled Stock Option, disregarding acceleration of such dates attributable to the Merger. Thus, the Replacement Unit Option shall have an expiration date of ten years from the date of grant of the Canceled Stock Option, and shall be exercisable in 18 equal and successive monthly installments over the Optionee's period of service as a member of the Board of Directors of Homes or the Managing Partner or as an employee of Homes or the Partnership, with the first installment to commence upon the completion of six months of service measured from the date of grant of the Canceled Stock Option. However, unless as otherwise provided herein, the benefits, rights, and features of the Replacement Unit Option shall be governed by the terms and conditions of the Unit Option Plan. New unit option agreements granting the Replacement Unit Option under the Unit Option Plan shall be distributed to the Optionee as soo...
Replacement Option. Replacement Option 1 will apply on and from the date of this Agreement, except that Party A may at any time elect for Replacement Option 2 or Replacement Option 3 to apply (or for Replacement Option 1 to apply if Replacement Option 2 or Replacement Option 3 applies at such time) (the ''New Replacement Option'') on and from a particular date (the “Option Change Effective Date”), in which case the New Replacement Option shall apply on and from the Option Change Effective Date provided the following conditions have been met:
Replacement Option. Upon an exercise of the Option, in whole or in part, at any time, the Grantee shall be entitled to receive a replacement Option covering such number of shares of Common Stock, at such exercise price per share and upon such terms and conditions as the Committee may, in its sole discretion, establish in any policy or program adopted from time to time by the Committee. The Committee may, in its sole discretion, amend, modify or terminate at any time any such policy or program. Unless otherwise provided by the Committee, if any such policy or program is amended or modified, such policy or program shall be deemed to become part of this Grant Letter as so amended or modified without further action by the Company or the Grantee. The Committee may specify in any such policy or program that the grant of any such replacement Option may be automatic upon an exercise of the Option complying with the terms and conditions of the policy or program.
Replacement Option. (a) Upon the sale of the Ship (or a Total Loss of a Ship) the Borrower may, subject to no Event of Default having occurred and being continuing and subject to the Intercreditor Agreement, elect to retain the proceeds of such sale (or Total Loss) for the purpose of re-investing such amount in another vessel approved by the Security Trustee on behalf of the Lenders being a vessel with a market value at least equal to the re-invested amount.
Replacement Option. At Our option, We may replace Your covered product with a new or refurbished product of like kind and quality if We are unable to repair Your product, or where the cost for repair may exceed the current retail replacement value of Your covered product. The price of the replacement product shall not exceed the retail purchase price of the original covered product. The new product replacement will automatically be considered as covered property under this Contract, except where You opt to cancel Your Contract, in such case We will proceed as stated in the Cancellation section of this document. If We replace Your covered product, the original product will become Our property. PARTS NON-AVAILABILITY: In the event that replacement parts needed for repair cannot be attained within a period of thirty (30) days, We will proceed as stated in the “REPLACEMENT OPTION” section of this contract. In neither event shall the retailer and/or provider be liable for any damages as a result of the unavailability of replacement parts.
Replacement Option. Optionee acknowledges that the option granted hereunder replaces the option granted to Optionee on December 27, 1991, which option has terminated.
Replacement Option. 11.1 Subject to Clause 11.2, where another company ("the acquiring company") obtains control, within the meaning of paragraph 59(2)(a) of Schedule 14, of the Company, the Option-holder may with the consent of the Company and the agreement of the acquiring company release his rights under this Option ("the Old Option") in consideration of the grant to him of an Option ("the New Option") which is equivalent but relate to shares in the acquiring company.
Replacement Option. 9.1 Subject to the conditions in Clause 9.2, where another company ("the acquiring company") obtains control of the Company as is mentioned in Clause 6.1, the Option-holder may within 6 months of the change of control and with the agreement of the acquiring company release his rights under this Option ("the Old Option") in consideration of the grant to him of an Option ("the New Option") which is equivalent but relate to shares in the acquiring company.
Replacement Option. At the SMTmax's sole option, your covered product may be replaced with a new or reconditioned product of like kind and similar features. The price of the replacement product shall not exceed the retail purchase price of the original covered product. The Administrator's responsibility is to replace your product with a product of similar features, capacity and/or efficiency. SMTmax will not be responsible for product upgrades, matching brand or color or for any modifications or construction that may be necessary as a condition of service. If SMTmax elects to replace rather than repair your covered product and a replacement product as described above is not available, SMTmax will pay you a cash settlement. The cash settlement amount shall not exceed the actual cash value of the covered product in operating condition at the time of the claim excluding taxes. You may be required to return the original defective product to SMTmax at Your expense. Replacement of a covered product or payment of a cash settlement will fulfill this agreement in its entirety and will cancel and discharge further obligations under warranty, where allowed by law.
