Common use of Repurchase of Option Clause in Contracts

Repurchase of Option. (a) From and after a Repurchase Event (as defined below), (i) following a request of the Holder, delivered prior to an Exercise Termination Event, Issuer (or any successor thereto) shall repurchase the Option from the Holder at a price (the "Option Repurchase Price") equal to the amount by which (x) the Market/Offer Price (as defined below) exceeds (y) the Option Price, multiplied by the number of shares for which this Option may then be exercised and (ii) at the request of the owner of Option Shares from time to time (the "Owner"), delivered within 90 days of such occurrence (or such later period as provided in Section 10), Issuer shall repurchase such number of Option Shares from the Owner as the Owner shall designate at a price (the "Option Share Repurchase Price") equal to the Market/Offer Price multiplied by the number of Option Shares so designated, provided, however, that the Option Purchase Price and Option Share Repurchase Price shall be subject to the limitations set forth in Section 24. The term "Market/Offer Price" shall mean the highest of (i) the price per share of Common Stock at which a tender offer or exchange offer therefor has been made, (ii) the price per share of Common Stock to be paid by any third party pursuant to an agreement with Issuer, (iii) the highest closing price for shares of Common Stock within the six-month period immediately preceding the date the Holder gives notice of the required repurchase of this Option or the Owner gives notice of the required repurchase of Option Shares, as the case may be, and (iv) in the event of a sale of all or a substantial portion of Issuer's assets, the sum of the price paid in such sale for such assets and the current market value of the remaining assets of Issuer, less the current market value of the remaining liabilities of Issuer, each such value as determined by a nationally recognized investment banking firm selected by the Holder or the Owner, as the case may be, and reasonably acceptable to the Issuer, divided by the number of shares of Common Stock of Issuer outstanding at the time of such sale. In determining the Market/Offer Price, the value of consideration other than cash shall be determined by a nationally recognized investment banking firm selected by the Holder or Owner, as the case may be, and reasonably acceptable to the Issuer.

Repurchase of Option. (a) From and after a Repurchase Event (as defined below)Triggering Event, (i) following a request of the Holder, delivered prior to an Exercise Termination Event, Issuer (or any successor thereto) shall repurchase the Option from the Holder at a price (the "Option Repurchase Price") equal to the amount by which (x) the Market/Offer Price (as defined below) exceeds (y) the Option Price, multiplied by the number of shares for which this Option may then be exercised and (ii) at the request of the owner of Option Shares from time to time (the "Owner"), delivered within 90 days of such occurrence (or such later period as provided in Section 10), Issuer shall repurchase such number of Option Shares from the Owner as the Owner shall designate at a price (the "Option Share Repurchase Price") equal to the Market/Offer Price multiplied by the number of Option Shares so designated, provided, however, that the Option Purchase Price and Option Share Repurchase Price shall be subject to the limitations set forth in Section 2423. The term "Market/Offer Price" shall mean the highest of (i) the price per share of Common Stock at which a tender offer or exchange offer therefor has been made, (ii) the price per share of Common Stock to be paid by any third party pursuant to an agreement with Issuer, (iii) the highest closing price for shares of Common Stock within the six-month period immediately preceding the date the Holder gives notice of the required repurchase of this Option or the Owner gives notice of the required repurchase of Option Shares, as the case may be, and (iv) in the event of a sale of all or a substantial portion of Issuer's assets, the sum of the price paid in such sale for such assets and the current market value of the remaining assets of Issuer, less the current market value of the remaining liabilities of Issuer, each such value as determined by a nationally recognized investment banking firm selected by the Holder or the Owner, as the case may be, and reasonably acceptable to the Issuer, divided by the number of shares of Common Stock of Issuer outstanding at the time of such sale. In determining the Market/Offer Price, the value of consideration other than cash shall be determined by a nationally recognized investment banking firm selected by the Holder or Owner, as the case may be, and reasonably acceptable to the Issuer.

Repurchase of Option. (a) From and At any time after the occurrence of a Repurchase Event (as defined below), ): (i) following a at the request of the Holder, delivered prior to an Exercise Termination EventEvent (or such later period as provided in Section 10), Issuer (or any successor theretoto Issuer) shall repurchase the Option from the Holder at a price (the "Option Repurchase Price") equal to the amount by which (x) the Marketmarket/Offer Price offer price (as defined below) exceeds (y) the Option Price, multiplied by the number of shares for which this Option may then be exercised exercised; and (ii) at the request of the owner of Option Shares from time to time (the "Owner"), delivered within 90 days of such occurrence prior to an Exercise Termination Event (or such later period as provided in Section 10), Issuer (or any successor to Issuer) shall repurchase such number of the Option Shares from the Owner as the Owner shall designate at a price (the "Option Share Repurchase Price") equal to the Marketmarket/Offer Price offer price multiplied by the number of Option Shares so designated, provided, however, that the Option Purchase Price and Option Share Repurchase Price shall be subject to the limitations set forth in Section 24. The term "Marketmarket/Offer Priceoffer price" shall mean the highest of of: (i) the price per share of Common Stock at which a tender offer or exchange offer therefor has been made, ; (ii) the price per share of Common Stock to be paid by any third party pursuant to an agreement with Issuer, ; (iii) the highest closing sale price for shares of Common Stock within the six-month period immediately preceding the date the Holder gives notice of the required repurchase of this Option or the Owner gives notice of the required repurchase of Option Shares, as the case may be, and ; or (iv) in the event of a sale of all or a any substantial portion part of Issuer's assetsthe assets or deposits of Issuer or any Issuer Subsidiary, the sum of the net price paid in such sale for such assets or deposits and the current market value of the remaining assets of Issuer, less the current market value of the remaining liabilities of Issuer, each such value Issuer as determined by a nationally recognized investment banking firm selected by the Holder or the Owner, as the case may be, and reasonably acceptable to the Issuer, divided by the number of shares of Common Stock of Issuer outstanding at the time of such sale. In determining the Marketmarket/Offer Priceoffer price, the value of consideration other than cash shall be determined by a nationally recognized investment banking firm selected by the Holder or Owner, as the case may be, and reasonably acceptable to the Issuer.

Repurchase of Option. (a) From and At any time after the occurrence of a Repurchase Event (as defined below), ): (i) following a at the request of the Holder, delivered prior to an Exercise Termination EventEvent (or such later period as provided in Section 10), Issuer (or any successor theretoto Issuer) shall repurchase the Option from the Holder at a price (the "Option Repurchase Price") equal to the amount by which (x) the Marketmarket/Offer Price offer price (as defined below) exceeds (y) the Option Price, multiplied by the number of shares for which this Option may then be exercised exercised; and (ii) at the request of the owner of Option Shares from time to time (the "Owner"), delivered within 90 days of such occurrence prior to an Exercise Termination Event (or such later period as provided in Section 10), Issuer (or any successor to Issuer) shall repurchase such number of the Option Shares from the Owner as the Owner shall designate at a price (the "Option Share Repurchase Price") equal to the Marketmarket/Offer Price offer price multiplied by the number of Option Shares so designated, provided, however, that the Option Purchase Price and Option Share Repurchase Price shall be subject to the limitations set forth in Section 24. The term "Marketmarket/Offer Priceoffer price" shall mean the highest of of: (i) the price per share of Common Stock at which a tender offer or exchange offer therefor has been made, ; (ii) the price per share of Common Stock to be paid by any third party pursuant to an agreement with Issuer, ; (iii) the highest closing sale price for shares of Common Stock within the six-month period immediately preceding the date the Holder gives notice of the required repurchase of this Option or the Owner gives notice of the required repurchase of Option Shares, as the case may be, and ; or (iv) in the event of a sale of all or a any substantial portion part of Issuer's assetsassets or deposits, the sum of the net price paid in such sale for such assets or deposits and the current market value of the remaining assets of Issuer, less the current market value of the remaining liabilities of Issuer, each such value Issuer as determined by a nationally recognized investment banking firm selected by the Holder or the Owner, as the case may be, and reasonably acceptable to the Issuer, divided by the number of shares of Common Stock of Issuer outstanding at the time of such sale. In determining the Marketmarket/Offer Priceoffer price, the value of consideration other than cash shall be determined by a nationally recognized investment banking firm selected by the Holder or Owner, as the case may be, and reasonably acceptable to the Issuer.

Repurchase of Option. (a) From and a. At any time after the occurrence of a Repurchase Event (as defined below), ) (i) following a at the request of the Holder, delivered prior to an Exercise Termination Eventthe termination of this Agreement, Issuer FCCI (or any successor thereto) shall repurchase the Option from the Holder holder of this Option (the “Holder”) at a price (the "“Option Repurchase Price"”) equal to the amount by which (xA) the Marketmarket/Offer Price offer price (as defined below) exceeds (yB) the Option Price, multiplied by the number of shares for which this Option may then be exercised and (ii) at the request of the owner of Option Shares from time to time (the "Owner")“Owner”),delivered prior to the termination of this Agreement, delivered within 90 days of such occurrence FCCI (or such later period as provided in Section 10), Issuer any successor thereto) shall repurchase such number of the Option Shares from the Owner as the Owner shall designate at a price (the "“Option Share Repurchase Price"”) equal to the Marketmarket/Offer Price offer price multiplied by the number of Option Shares so designated, provided, however, that the Option Purchase Price and Option Share Repurchase Price shall be subject to the limitations set forth in Section 24. The term "Market“market/Offer Price" offer price” shall mean the highest of (i) the highest price per share of Common Stock at which a tender offer paid by any person that acquires beneficial ownership of 4.5% or exchange offer therefor has been mademore of the then outstanding Common Stock, or (ii) the price per share of Common Stock to be paid by any third party pursuant to an agreement with IssuerFCCI entered into after the date hereof and prior to the date the Holder gives notice of the required repurchase of this Option or the Owner gives notice of the required repurchase of Option Shares, as the case may be, (iii) the highest closing price for shares of Common Stock within the six-month period immediately preceding the date the Holder gives notice of the required repurchase of this Option or the Owner gives notice of the required repurchase of Option Shares, as the case may be, and (iv) in the event of a sale of all or a substantial portion of Issuer's assets, the sum of the price paid in such sale for such assets and the current market value of the remaining assets of Issuer, less the current market value of the remaining liabilities of Issuer, each such value as determined by a nationally recognized investment banking firm selected by the Holder or the Owner, as the case may be, and reasonably acceptable to the Issuer, divided by the number of shares of Common Stock of Issuer outstanding at the time of such sale. In determining the Marketmarket/Offer Priceoffer price, the value of consideration other than cash shall be determined by a nationally recognized investment banking firm selected by the Holder or Owner, as the case may be, and reasonably acceptable to the IssuerFCCI.