Common use of Repurchase by Company Clause in Contracts

Repurchase by Company. The Company may elect to purchase all or any portion of the Unvested Option Shares by delivery of written notice (the "Repurchase Notice") to you or any other holders of the Option Shares within 120 days after the Termination Date. The Repurchase Notice shall set forth the number of Option Shares to be acquired from you and such other holder(s), the aggregate consideration to be paid for such shares and the time and place for the closing of the transaction. The number of Option Shares to be repurchased by the Company shall first be satisfied to the extent possible from the Unvested Option Shares held by you at the time of delivery of the Repurchase Notice. If the number of Option Shares then held by you is less than the total number of Option Shares the Company has elected to purchase, then the Company shall purchase the remaining shares elected to be purchased from the other holders thereof, pro rata according to the number of shares held by each such holder at the time of delivery of such Repurchase Notice (determined as close as practical to the nearest whole shares).

Appears in 3 contracts

Samples: Soundbite Communications Inc, Soundbite Communications Inc, Soundbite Communications Inc

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Repurchase by Company. The Company may elect to purchase all or any portion of the Unvested Option Shares by delivery of written notice (the "Repurchase Notice") to you or any other holders of the Option Shares within 120 days after the Termination Date. The Repurchase Notice shall set forth the number of Option Shares to be acquired from you and such other holder(s), the aggregate consideration to be paid for such shares and the time and place for the closing of the transaction. The number of Option Shares to be repurchased by the Company shall first be satisfied to the extent possible from the Unvested Option Shares held by you at the time of delivery of the Repurchase Notice. If the number of Option Shares then held by you is less than the total number of Option Shares the Company has elected to purchase, then the Company shall purchase the remaining shares elected to be purchased from the other holders thereof, pro rata according to the number of shares held by each such holder at the time of delivery of such Repurchase Notice (determined as close as practical to the nearest whole shares).

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Symmetry Medical Inc.), Nonqualified Stock Option Agreement (Symmetry Medical Inc.)

Repurchase by Company. The Company may elect to purchase all or any portion of the Unvested Option Shares by delivery of written notice (the "Repurchase Notice") to you or any other holders of the Option Shares within 120 180 days after the Termination Date. The Repurchase Notice shall set forth the number of Option Shares to be acquired from you and such other holder(s), the aggregate consideration to be paid for such shares and the time and place for the closing of the transaction. The number of Option Shares to be repurchased by the Company shall first be satisfied to the extent possible from the Unvested Option Shares held by you at the time of delivery of the Repurchase Notice. If the number of Option Shares then held by you is less than the total number of Option Shares the Company has elected to purchase, then the Company shall purchase the remaining shares elected to be purchased from the other holders thereof, pro rata according to the number of shares held by each such holder at the time of delivery of such Repurchase Notice (determined as close as practical to the nearest whole sharesshare).

Appears in 1 contract

Samples: Commercial Vehicle Group, Inc.

Repurchase by Company. The Company may elect to purchase all or any portion of the Unvested Unexercised Option and/or the Option Shares by delivery of written notice (the "Repurchase Notice") to you the Optionee or any other holders of the Option Shares within 120 days after the Termination Date. The Repurchase Notice shall set forth the number of Unexercised Options and/or Option Shares to be acquired from you the Optionee and such other holder(s), the aggregate consideration to be paid for such shares Unexercised Options and/or Option Shares and the time and place for the closing of the transaction. The number of Option Shares to be repurchased by the Company shall first be satisfied to the extent possible from the Unvested Option Shares held by you the Optionee at the time of delivery of the Repurchase Notice. If the number of Option Shares then held by you the Optionee is less than the total number of Option Shares the Company has elected to purchase, then the Company shall purchase the remaining shares elected to be purchased from the other holders thereof, pro rata according to the number of shares held by each such holder at the time of delivery of such Repurchase Notice (determined as close as practical to the nearest whole shares).

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Datamax International Corp)

Repurchase by Company. The Company Board may elect to cause the Company to purchase all or any portion of the Unvested Option Shares by delivery of written notice (the "Repurchase Notice") to you or any other holders of the Option Shares within 120 60 days after the Termination Date for any Option Shares issued at least 181 days prior to the Termination Date (or in the case of Option Shares issued 180 days or less prior to the Termination Date or at any time after such Termination Date, within 60 days after the date that is 181 days following the date of the issuance of such Option Shares). The Repurchase Notice shall set forth the number of Option Shares to be acquired from you and such other holder(s), the aggregate consideration to be paid for such shares and the time and place for the closing of the transaction. The number of Option Shares to be repurchased by the Company shall first be satisfied to the extent possible from the Unvested Option Shares held by you at the time of delivery of the Repurchase Notice. If the number of Option Shares then held by you is less than the total number of Option Shares the Company has elected to purchase, then the Company shall purchase the remaining shares elected to be purchased from the other holders thereof, pro rata according to the number of shares held by each such holder at the time of delivery of such Repurchase Notice (determined as close as practical to the nearest whole sharesshare).

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (EveryWare Global, Inc.)

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Repurchase by Company. The Company may elect to purchase all or any portion of the Unvested Option Shares by delivery of written notice (the "Repurchase Notice") to you or any other holders holder(s) of the Option Shares within 120 90 days after the Termination Date. The Repurchase Notice shall set forth the number of Option Shares to be acquired from you and such other holder(s), the aggregate consideration to be paid for such shares and the time and place for the closing of the transaction. The number of Option Shares to be repurchased by the Company shall first be satisfied to the extent possible from the Unvested Option Shares held by you at the time of delivery of the Repurchase Notice. If the number of Option Shares then held by you is less than the total number of Option Shares the Company has elected to purchase, then the Company shall purchase the remaining shares elected to be purchased from the other holders holder(s) thereof, pro rata according to the number of shares held by each such holder at the time of delivery of such Repurchase Notice (determined as close as practical to the nearest whole shares)Notice.

Appears in 1 contract

Samples: Hbo & Co

Repurchase by Company. The Company may elect to purchase all or any portion of the Unvested Option Shares by delivery of written notice (the "Repurchase Notice") to you or any other holders of the Option Shares within 120 days after the Termination Date. The Repurchase Notice shall set forth the number of Option Shares to be acquired from you and such other holder(s), the aggregate consideration to be paid for such shares and the time and place for the closing of the transaction. The number of Option Shares to be repurchased by the Company shall first be satisfied to the extent possible from the Unvested Option Shares held by you at the time of delivery of the Repurchase Notice. If the number of Option Shares then held by you is less than the total number of Option Shares the Company has elected to purchase, then the Company shall purchase the remaining shares elected to be purchased from the other holders thereof, pro rata according to the number of shares held by each such holder at the time of delivery of such Repurchase Notice (determined as close as practical to the nearest whole shares).. #«Option_»

Appears in 1 contract

Samples: Stock Option Agreement (Ruths Chris Steak House, Inc.)

Repurchase by Company. The Company may elect to purchase all or any portion of the Unvested Option Shares by delivery of written notice (the "Repurchase Notice") to you Purchaser or any other holders of the Option Shares within 120 180 days after the Termination Date. The Repurchase Notice shall set forth the number of Option Shares to be acquired from you Purchaser and such other holder(s), the aggregate consideration to be paid for such shares and the time and place for the closing of the transaction. The number of Option Shares to be repurchased by the Company shall first be satisfied to the extent possible from the Unvested Option Shares held by you Purchaser at the time of delivery of the Repurchase Notice. If the number of Option Shares then held by you Purchaser is less than the total number of Option Shares the Company has elected to purchase, then the Company shall purchase the remaining shares elected to be purchased from the other holders thereof, pro rata according to the number of shares held by each such holder at the time of delivery of such Repurchase Notice (determined as close as practical to the nearest whole shares).

Appears in 1 contract

Samples: Director Stock Purchase and Option Agreement (North Shore Agency Inc)

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