Common use of Repurchase by Company Clause in Contracts

Repurchase by Company. The Company may elect to purchase all or any portion of the Option Shares by delivery of written notice (the “Repurchase Notice”) to you or any other holders of the Option Shares within 15 days after the later of (i) six months following the last exercise of your Option and (ii) the applicable expiration date of your Option pursuant to paragraph 4(b). 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 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 share).

Appears in 1 contract

Samples: Form of Option Agreement (Pierre Foods Inc)

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Repurchase by Company. The Company may elect to purchase all or any portion of the Option Shares by delivery of written notice (the "Repurchase Notice") to you or any other holders holder(s) of the Option Shares within 15 the 20 days after prior to and including, or within the later of (i) six months following 120 days following, the last exercise of your Option and (ii) the applicable expiration date of your Option pursuant to paragraph 4(b)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, satisfied to the extent possible, possible from the 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 purchaserepurchase, then the Company shall purchase repurchase the remaining shares Option Shares elected to be purchased repurchased from the other holders holder(s) thereof, pro rata according to the number of shares Option Shares held by each such holder at the time of delivery of such the Repurchase Notice (determined as close closely as practical practicable to the nearest whole share).

Appears in 1 contract

Samples: Focal Communications Corp

Repurchase by Company. The Company may elect to purchase all or --------------------- any portion of the Option Shares by delivery of written notice (the "Repurchase Notice") to you or any other holders holder(s) of the Option Shares ------------------ within 15 the 20 days after prior to and including, or within the later of (i) six months following 120 days following, the last exercise of your Option and (ii) the applicable expiration date of your Option pursuant to paragraph 4(b)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, satisfied to the extent possible, possible from the 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 purchaserepurchase, then the Company shall purchase repurchase the remaining shares Option Shares elected to be purchased repurchased from the other holders holder(s) thereof, pro rata according to the number of shares Option Shares held by each such holder at the time of delivery of such the Repurchase Notice (determined as close closely as practical practicable to the nearest whole share).

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Focal Communications Corp)

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Repurchase by Company. The Company may elect to purchase all or --------------------- any portion of the Option Shares by delivery of written notice (the "Repurchase ---------- Notice") to you or any other holders of the Option Shares within 15 the 20 days after ------ ending on, or within the later of 120 days after, the Termination Date or the Sale Date (i) six months following the last exercise of your Option and (ii) the applicable expiration date of your Option pursuant to paragraph 4(bas applicable). 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, satisfied to the extent possible, possible from the 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 shareshares).

Appears in 1 contract

Samples: Focal Communications Corp

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