Right to Call. The Manager, or any combination of Members holding in the aggregate more than Seventy-Five Percent (75%) of the total outstanding Membership Interest, may call a meeting of Members by giving written notice to all Members and the Manager not less than Thirty (30), or more than Sixty (60) days prior to the date of the meeting. The notice must specify the date, time and place of the meeting and the nature of any business to be transacted. A Member may waive notice of a meeting of Members orally, in writing, or by attendance at the meeting.
Right to Call. (a) If United delivers a notice of termination of this Agreement pursuant to Section 8.2(a), (b) or (d), then United, or its designee (for the purposes of this Section 10.1, references to United shall be interpreted to include United’s designee, as applicable), will have the option to purchase any or all Covered Aircraft owned by Contractor or to assume Contractor’s leasehold interest with respect to any or all Covered Aircraft leased by Contractor (other than such aircraft leased from United), as the case may be. In addition, if United removes any CRJ Removed Aircraft from this Agreement, which CRJ Removed Aircraft is not retained by Contractor, in each case pursuant to Section 2.4(a), and provided that United has not delivered a notice of termination of the Agreement pursuant to Section 8.2(a), (b) or (d), then United shall be obligated to purchase, or to assume Contractor’s leasehold interest with respect to, as the case may be, each such CRJ Removed Aircraft. Each Covered Aircraft and CRJ Removed Aircraft purchased or the leasehold interest in which is assumed pursuant to this Section 10.1 shall be referenced herein, individually and collectively, as a “Call Option Aircraft,” the option or obligation, as the case may be, to acquire the Call Option Aircraft or assume their leases shall be referenced herein as the “Call Option,” and the terms of such obligation to purchase or assume shall be as set forth in this Section 10.1.
(b) Such Call Option will be governed by the terms set forth below:
(i) If this Agreement is terminated pursuant to Section 8.2(a), 8.2(b) or 8.2(d), then not later than the later of (A) twenty (20) Business Days following Contractor’s confirmation of delivery of all Call Option Information and (B) sixty (60) days following the date a relevant notice of termination of this Agreement, United may, at its option, deliver an irrevocable written notice (a “Call Option Notice”) of its election to exercise the Call Option, which notice shall specify the Call Option Aircraft that are subject to such notice.
(ii) With respect to any CRJ Removed Aircraft, the Call Option shall be deemed to have been exercised, and shall be automatically exercised, upon delivery of the applicable 2.4
Right to Call. Any Manager or any Member or combination of Members whose Membership Interest exceeds 10 percent may call a meeting of Members by giving written notice to all Members not less than 10 nor more than 60 days prior to the date of the meeting. The notice must specify the date of the meeting and the nature of any business to be transacted. A Member may waive notice of a meeting of Members orally, in writing or by attendance at the meeting.
Right to Call. The Company may call this Warrant for redemption upon written notice (“Call Notice”) to all purchasers of the Warrants pursuant to the transactions contemplated by the Underwriting Agreement if the closing price of the Common Stock exceeds $1.50 (as adjusted for reverse and forward stock splits, recapitalizations and similar transactions following the Initial Exercise date) for ten (10) consecutive Trading Days (“Measurement Period”), as reported by Bloomberg, provided that there is an effective registration statement covering the issuance of the Warrant Shares on each day during the Measurement Period and during the Exercise Period. Such Call Notice shall be delivered within one Trading Day of the end of the Measurement Period. In the thirty (30) calendar days following the date the date of delivery of the Call Notice in accordance with Section 3 hereof (the “Exercise Period” and the 30th calendar day following the delivery of the Call Notice, the “Call Date”), the Holder may choose to exercise this Warrant or a portion of the Warrant and the Company covenants and agrees that the Company shall honor all Notices of Exercise with respect to Warrant Shares subject to a Call Notice. The parties agree that any Notice of Exercise delivered following a Call Notice which calls less than all of the Warrants shall first reduce to zero the number of Warrant Shares subject to such Call Notice prior to reducing the remaining Warrant Shares available for purchase under this Warrant. Any Warrant Shares subject to a Call Notice that are not exercised by 6:30 p.m. (New York City time) on the last day of the Exercise Period will be redeemed by the Company at $0.001 per share; provided, however, that the Company shall have no right of redemption on any Warrant Shares subject to a Call Notice if the issuance of such Warrant Shares upon an exercise by the Holder would cause a breach of the Beneficial Ownership Limitation. Notwithstanding anything to the contrary set forth in this Warrant, the Company may not deliver a Call Notice or require the cancellation of this Warrant (and any such Call Notice shall be void), unless, from the beginning of the Measurement Period through the Call Date, (1) the Company shall have honored in accordance with the terms of this Warrant all Notices of Exercise delivered by 6:30 p.m. (New York City time) on the Call Date, and (2) a registration statement shall be effective as to all Warrant Shares and the prospectus thereunder available for use b...
Right to Call. The General Partner, or any combination of Limited Partners holding in the aggregate more than Seventy-Five Percent (75%) of the total outstanding Limited Partnership Interest, may call a meeting of Limited Partners by giving written notice to all Limited Partners and the General Partner not less than Thirty (30), or more than Sixty (60) days prior to the date of the meeting. The notice must specify the date, time and place of the meeting and the nature of any business to be transacted. A Limited Partner may waive notice of a meeting of Limited Partners orally, in writing, or by attendance at the meeting.
Right to Call. The General Partner, or any combination of Limited Partners holding in the aggregate more than Seventy-Five Percent (75%) of the total outstanding Partnership Interest, may call a meeting of Limited Partners by giving written notice to all Limited Partners and the General Partner not less than Thirty (30), or more than Sixty (60) days prior to the date of the meeting. As it applies to a Limited Partner providing notice to all Limited Partner, a Limited Partner may request the General Partner to distribute such notice to all Limited Partners. The notice must specify the date, time and place of the meeting and the nature of any business to be transacted. A Limited Partner may waive notice of a meeting of Limited Partners orally, in writing, or by attendance at the meeting.
Right to Call. Following the Pubco Transaction, Pubco may call this Warrant for redemption upon written notice to all Purchasers of Units (each as defined in the Purchase Agreement) at any time the closing price of the Common Stock exceeds $0.375 (as adjusted pursuant to Section 10) for 20 consecutive trading days, as reported by Bloomberg, provided at such time there is an effective registration statement covering the resale of the Shares. In the 60 business days following the date the redemption notice is deemed given in accordance with Section 15(e) hereof (the “Exercise Period”), investors may choose to exercise this Warrant or a portion of the Warrant by paying the then applicable Exercise Price. Any Shares not exercised by 5:00 pm Eastern Time on the last day of the Exercise Period will be redeemed by the Company at $0.001 per share. Holder understands that the Placement Agent (as defined in the Purchase Agreement) shall be entitled to receive a warrant solicitation fee equal to 5% of the aggregate Exercise Price paid by Holder upon such exercise following a call for redemption by the Company. The Company shall direct the Holder to make such solicitation fee payment directly to the Placement Agent and the Holder shall comply with such direction.
Right to Call. At any time from and after the seventh anniversary of the date of this Agreement, the Company shall have the right to purchase all of the outstanding Shares held by a Purchaser (the "Call") and upon the exercise of such right ("Call Rights") the Purchaser shall have the obligation to sell such Shares held by such Purchaser to the Company. The Company may exercise the Call Rights by providing the Purchasers a written notice (a "Call Notice") that the Company will repurchase such Shares. The Company may only exercise the Call Rights as to all of the Shares held by all of the Purchasers. The Company shall within sixty (60) days after the determination of the Call Price (as defined in SECTION 10.2 below) redeem all of the Shares held by such Purchasers by paying to such Purchasers an amount for each Share held by such Purchaser an amount equal to the Call Price. The closing of the repurchase of the Shares pursuant to SECTION 10.1 shall take place at the office of the Purchaser to whom the Call Notice was sent.
Right to Call. Continental will have the option to assume Contractor's ownership or leasehold interest, as the case may be, in certain aircraft as more fully described in this Section 8.02(e) (the “Call Option”) in any one or more of the following circumstances:
(i) if Contractor wrongfully terminates this Agreement
(ii) if Continental terminates this Agreement for cause for any of the reasons included in Section 8.02(a) or for breach of this Agreement for any of the reasons included in Section 8.02(b). Such Call Option will be governed by the terms set forth below:
A. The Call Option shall apply to any or all aircraft operated by Contractor as United Express pursuant to the terms of this Agreement at the time of the event or events described in Section 8.02(e)(i) or (ii) above; provided, that the Republic Aircraft shall only be subject to the Call Option so long as Contractor owns the Republic Aircraft; should Contractor enter into a sale leaseback transaction with respect to the Republic Aircraft, Contractor will use its commercially reasonable efforts to have the resulting leases of the Republic Aircraft permit Continental to assume such leases at the time of the events described in Section 8.02(e)(i) or (ii) above and Continental be provided at least [*] days notice of any termination of such leases.
B. Continental shall deliver notice of its election to exercise the Call Option no later than 45 days following the date of notice of termination of this Agreement.
C. Within [*] business days following its receipt of a notice by Continental of its notice of termination, Contractor shall provide Continental with: (i) copies of documentation relating to interests to be assumed by Continental or retired at Continental's expense as a result of an aircraft lease assignment, sublease or purchase; (ii) lease rates and other financial information relevant to the assignment, sublease or purchase; and (iii) the identity of and contact information for all parties with an interest in said aircraft.
Right to Call. Following any payment by the Company of a Fractional Amount to any Holder of a Revenue Participation Note, the Company shall have the right, but not the obligation, to (i) redeem such number of shares of such Holder's Preferred Stock, or the Preferred Stock then held by such Holder's predecessor in interest, as can be redeemed at the original purchase price thereof for an amount equal to one-fifth (1/5th) of the amount of such Fractional Amount paid to Holder and (ii) under the related Warrant, cancel the right to purchase 1000 shares of Common Stock for each share of Preferred Stock redeemed pursuant to clause (i) hereof, in exchange for a payment of $0.0125 per Warrant share.
