Repurchase of Warrants. (a) Prior to the occurrence of an Acquisition Event, BOH shall have no right to repurchase the Warrants and PCBG shall have no right to require BOH to repurchase the Warrants.
(b) At any time after the occurrence of an Acquisition Event, BOH shall have the right to purchase (or to cause a person designated by BOH to purchase), and PCBG shall have the right to require that BOH repurchase (or, if BOH shall so elect, cause a person designated by BOH to purchase), (i) all (but not fewer than all) the Warrants at the time beneficially owned by PCBG and its Affiliates at the Warrant Call Price in effect for such Warrants on the date of closing (as provided below) and (ii) all (but not fewer than all) of the shares of Common Stock purchased by PCBG and its Affiliates pursuant to this Agreement with respect to which PCBG has beneficial ownership at a price equal to the aggregate Market Value for such shares as of the date of closing (as provided below). Any purchase pursuant hereto shall take place on a Business Day specified in a notice given by BOH to PCBG or by PCBG to BOH, as the case may be (but in no event prior to the 30th day following the date of any such notice to PCBG or later than the 30th day following the date of any such notice to BOH).
(c) The closing of any repurchase of Warrants pursuant to this Section 2.1 shall take place at 10:00 a.
Repurchase of Warrants. 12 Section 5.8. Xxxxxx Employment Agreement.................................. 12 Section 5.9.
Repurchase of Warrants. At the Closing, the Company ---------------------- will repurchase all of the warrants issued to PMI pursuant to Section 18 of the Common Stock Purchase Warrants, dated February 7, 1996, issued by the Company, pursuant to a repurchase agreement substantially in the form of Exhibit H. ---------
Repurchase of Warrants. (a) Prior to the occurrence of an Acquisition Event, Home shall have no right to repurchase the Warrants and CU shall have no right to require Home to repurchase the Warrants.
(b) At any time after the occurrence of an Acquisition Event, Home shall have the right to purchase (or to cause a person designated by Home to purchase), and CU shall have the right to require that Home repurchase (or, if Home shall so elect, cause a person designated by Home to purchase), (i) all (but not fewer than all) the Warrants at the time beneficially owned by CU and its Affiliates at the Warrant Call Price in effect for such Warrants on the date of closing (as provided below) and (ii) all (but not fewer than all) of the shares of Common Stock purchased by CU and its Affiliates pursuant to this Agreement with respect to which CU has beneficial ownership at a price equal to the aggregate Market Value for such shares as of the date of closing (as provided below). Any purchase pursuant hereto shall take place on a Business Day specified in a notice given by Home to CU or by CU to Home, as the case may be (but in no event prior to the 30th day following the date of any such notice to CU or later than the 30th day following the date of any such notice to Home).
(c) The closing of any repurchase of Warrants pursuant to this Section 2.1 shall take place at 10:00 a.m. Los Angeles Time, on the date set forth in the applicable notice given by Home or CU, as the case may be, at the office of CU at the address set forth in Section 8.
1. The amount payable to CU and its Affiliates upon any repurchase of Warrants shall be paid in lawful money of the United States by a federal funds check or a wire transfer of immediately available funds to an account designated by CU. Upon receipt of such payment, CU shall deliver or cause to be delivered to Home the certificates representing all the Warrants being repurchased free and clear of any liens, security interests, charges or encumbrances.
Repurchase of Warrants. In the event the Company shall fail to file the registration statement required by Section 7(b), or such registration statement shall not be declared effective within 150 days of the written request, then the Underwriter may require the Company to purchase, on the 151st day, the Underwriter's Warrants at a price equal to the difference between the Exercise Price and the market price per share of Common Stock as averaged over the mean between the "bid and "asked" price as of the close of each business day during the two-week period immediately preceding the 151st day; provided, however, that at the time of such purchase the average market price shall be more than $9.90 further provided that the Company's net worth, at such time, is at least three (3) times the amount of the aggregate purchase price for such Underwriter's Warrants to be purchased.
Repurchase of Warrants. The Company shall use its reasonable best efforts to, and the Sponsor Shareholders shall use their reasonable best efforts to cause the Company to, develop and implement a plan to repurchase and retire four million (4,000,000) outstanding Warrants.
Repurchase of Warrants. The Warrant Agreement provides that NHL and its subsidiaries will have the option, in their sole discretion, at any time or from time to time, to purchase Warrants (i) in the public market, (ii) by tender or exchange offer available to all Holders at any price or (iii) in private transactions at a price not more than 10% over the Market Price of the Warrants as of the closing date of each such transaction respectively. Warrants acquired by NHL or its subsidiaries will be canceled and will not be available for reissuance or resale.
Repurchase of Warrants. The Company covenants and agrees to use its reasonable best efforts to repurchase the warrants issued by ST Enterprises, Ltd. held by Xxxxx XxXxxxxx and Xxxxxxx Xxxxxx.
Repurchase of Warrants. During the period beginning on the date hereof and ending no later than the Initial Closing Date, the Company intends to make an offer to the holders of outstanding warrants to purchase 120,511,919 shares of Common Stock to exchange the warrants for cash and restricted Common Stock of the Company. Any provision of this Agreement to the contrary notwithstanding, each Investor consents to such offer and exchange. The Company covenants and agrees that each offer and exchange of cash and Common Stock for warrants will include an undertaking by the holder of the warrants to offer any shares of Common Stock received in the exchange to the Investors at the then prevailing bid price or market price for the Common Stock before placing a sell order for such shares in the Trading Market.
Repurchase of Warrants. 24 SECTION 4.09. Capitalization........................ 24 SECTION 4.10. Letter Agreements..................... 24
