Repurchase by Third Parties Clause Samples
The 'Repurchase by Third Parties' clause defines the conditions under which a third party, rather than the original seller, may repurchase certain assets or interests from the buyer. Typically, this clause outlines the process for identifying eligible third parties, the terms of the repurchase, and any required notifications or approvals. Its core function is to provide flexibility in asset transfers, allowing for broader market participation or liquidity, and to clarify the rights and procedures involved when parties other than the original seller wish to reacquire the assets.
Repurchase by Third Parties. Notwithstanding anything to the contrary in this Section 4.02, the Company will be deemed to satisfy its obligations under this Section 4.02 if (i) one or more third parties conduct any Repurchase Upon Fundamental Change and related offer to repurchase Notes otherwise required by this Section 4.02 in a manner and time that would have satisfied the requirements of this Section 4.02 if conducted directly by the Company; and (ii) an owner of a beneficial interest in any Note repurchased by such third party or parties will not receive a lesser amount (as a result of taxes, additional expenses or for any other reason) than such owner would have received had the Company repurchased such Note.
Repurchase by Third Parties. Notwithstanding anything to the contrary in this Section 7, the Company will be deemed to satisfy its obligations under this Section 7 if one or more third parties conduct any Repurchase Upon Fundamental Change and related offer to repurchase shares of Convertible Preferred Stock otherwise required by this Section 7 in a manner and time that would have satisfied the requirements of this Section 7 if conducted directly by the Company.