Right to Repurchase. CMSI cannot exercise its right to repurchase the mortgage loans pursuant to section 9.1(a) of the Standard Terms unless · the aggregate scheduled principal balance of the mortgage loans is less than $51,411,464.49 at the time of repurchase, and · if there is an insured class outstanding and the exercise of such repurchase right would result in a draw under any certificate insurance policy, the Insurer has previously consented.
Right to Repurchase. Effective immediately upon the occurrence of a Repurchase Option Event, Company shall have the right and option (but not the obligation) to purchase, all or part, of the Restricted Securities from any Restricted Stockholder that is the subject of the Repurchase Option Event (“Repurchase Option”). The purchase price for the Restricted Securities to be purchased under the Repurchase Option shall be the Fair Market Value determined as of the date of the occurrence of the applicable Repurchase Option Event.
Right to Repurchase. At any time that the Company is not a “reporting company” under Section 12 of the Exchange Act, the Company will have the right to repurchase (the “Repurchase Right”), upon Participant’s termination of service as a member of the Board for any reason, whether voluntary or involuntary, or by resignation, removal, death or disability or otherwise, all shares of Common Stock that are issued to Participant under this Award Agreement, that have become vested in accordance with Section 3 or 6 of this Award Agreement and that are beneficially owned by the Participant as of the date the Company exercises the Repurchase Right. The Company’s right to repurchase shall remain in effect during the term of Participant’s service with the Company and shall continue for a period of two years following termination of Participant’s service with the Company. If the Company elects to purchase any Common Stock pursuant to this Section 9(a), it shall give written notice of its election to do so (the “Election Notice”) to the Participant. If the Company shall become a “reporting company” prior to giving an Election Notice, the Company’s Repurchase Right shall lapse. If the Company shall become a “reporting company” after giving an Election Notice and prior to the consummation of the repurchase which is the subject of such Election Notice, the Company’s Repurchase Right shall continue in full force and effect.
Right to Repurchase. Notwithstanding anything to the contrary in this Agreement, at the Closing Seller and Purchaser will execute, and the Title Company will record against the Recreation Center Site, a mutually agreed upon recordable form of Memorandum of Repurchase Rights (the “Memorandum of Repurchase Rights”). The Memorandum of Repurchase Rights will provide that RCP, or its successor in interest as owner of fee title to the Stadium Site, will have: (a) a right of first offer to buy the Recreation Center Site and any improvements thereon, or such portion of such land and improvements as the City may elect to offer for sale, upon such terms and conditions as the City may offer to sell them; (b) a right of first refusal to buy the Recreation Center Site and any improvements thereon, or such portion of such land and improvements as the City may elect to offer for sale, upon the same terms and conditions upon which the City is otherwise prepared to sell them to a third party; and (c) if the City fails to construct a Recreation Center (as defined in the Development Agreement) thereon and the Infrastructure Improvements (as defined in the Development Agreement) within two (2) years of the date of this Agreement or, if the City causes the Recreation Center and Infrastructure Improvements to be built but fails to operate the Recreation Center or any other improvements on the Recreation Center Site primarily as a recreational facility open to the general public for a period of twelve (12) consecutive months (exclusive of up to six (6) months following a casualty event affecting a substantial portion of any such Recreation Center), an option to purchase the Recreation Center Site and any improvements thereon for the then fair market value thereof as determined through an appraisal process more fully described therein.
Right to Repurchase. A. As long as the Property has not been improved by construction of a Residence for which an occupancy permit has been issued, Purchaser may not sell the Property to any third party purchaser without first giving Seller the right to repurchase the Real Estate for the same Purchase Price Purchaser paid Seller in this Agreement, and upon the additional terms and conditions set forth in this Paragraph 23.
B. If Purchaser (or an authorized successor in title to Purchaser) desires to sell the Property prior to such construction and issuance of an occupancy permit, the party proposing to sell shall deliver to Seller a written Notice of Intent, and Seller shall have thirty (30) days after receipt of such Notice of Intent to notify said party in writing that Seller will either exercise its right to repurchase the Property or consent to the sale. If Seller fails to notify Purchaser within said thirty (30) days, Seller shall be deemed to have elected to [exercise] its right to repurchase. If Seller elects to exercise its right to repurchase, then Purchaser shall comply with the same form of Deed and title requirements as are set forth herein, and deliver title to the Property with only those title exceptions that were excepted in Seller’s Deed to Purchaser. and the closing shall take place within thirty (30) days of the date of Seller’s notice of exercise, the exact date, time and location of closing of the repurchase to be selected by Seller. In the event Seller fails to close on the repurchase within thirty (30) days, such failure shall not waive the right to repurchase, however Seller shall be responsible for Buyer’s reasonable and necessary per diem expenses incurred as a result of such failure.
C. The right to repurchase set forth in this Section 23 shall automatically terminate on completion of construction of a Residence on the Property and issuance of an occupancy permit therefore. No waiver or consent by Seller of this provision with respect to a proposed sale shall be deemed a waiver of Seller’s right to enforce this provision as to any subsequent proposed sale, whether said proposed sale involves the same parties or otherwise, nor shall any such waiver or consent be deemed a waiver of Seller’s right to enforce any other provision of this Agreement.
D. For purposes of this Section 23, an inquiry by Xxxxx, written or otherwise, as to whether or not Seller might consent to a possible sale shall not be deemed a Notice of Intent as required under subparagraph ...
Right to Repurchase. So long as (i) the Company shall be in compliance in all material respects with its obligations to the Buyers (including, without limitation, its obligations under this Agreement and the Registration Rights Agreement), (ii) on the date the Company Repurchase Notice (as defined below) is given and at all times until the date of repurchase, the Registration Statement is effective and available for use by the Buyers for the resale of their Common Shares and (iii) no Repurchase Event shall have occurred with respect to which, on the date a Company Repurchase Notice is to be given or on the redemption date, a Buyer (A) shall be entitled to exercise optional repurchase rights under Section 7 by reason of such Repurchase Event or (B) shall have exercised optional repurchase rights under Section 7 by reason of such Repurchase Event and the Company shall not have paid the Repurchase Price to such Buyer, then the Company shall have the right, exercisable by giving a Company Repurchase Notice not less than 20 Trading Days or more than 30 Trading Days prior to the repurchase date to the Buyer, at any time on or after the Closing Date to repurchase all or a portion of the Common Shares and Adjustment Warrants then held by the Buyers. Prior to any repurchase date, whether or not a Company Repurchase Notice has been given, the Buyers may sell or transfer any of their Common Shares and Adjustment Warrants.
Right to Repurchase. Following termination of your Service for any reason, the Company shall have the right to purchase all of those Units that you acquire under this option. If the Company exercises its right to purchase the Units, the Company will notify you of its intention to purchase such Units, and will consummate the purchase within 90 days of your termination of Service or, in the case of Units acquired after your termination of Service, within 90 days of the date of exercise. The purchase price shall be the Fair Market Value of the Units on the date of your termination of Service if the Company exercises its right to purchase such Units within 90 days of your termination of Service, or exercises its right within 90 days of the date of your exercise of the option following termination of Service. The Company’s rights of repurchase shall terminate in the event that the Units are listed on an established national or regional stock exchange, are admitted for quotation on the Nasdaq Stock Market, or are publicly traded in an established securities market.
Right to Repurchase. In the event Optionee’s employment or service with the Company or any Parent or Subsidiary is terminated for any reason, the Company shall have the right, but not the obligation, to repurchase all or any portion of the Option Shares previously acquired by Optionee through exercise of the Option. The purchase price for each Option Share shall be the Fair Market Value of an Option Share on the date the Company exercises the Call Option.
Right to Repurchase. (a) Upon the occurrence of any breach of this Agreement or any Related Agreement by the Executive, the Founder Common Investors or Founder Preferred Investor (collectively, the “Founder Parties” and each a “Founder Party”), the Company or its designees (collectively, the “Buyer”) shall have the right (in addition to exercising any rights or remedies available to the Company at law or in equity against such Founder Party) to purchase from the Founder Investors and their transferees (collectively, the “Seller”), free and clear of all liens and encumbrances other than pledges to secure obligations of the Company or any Subsidiary (“Liens”), any or all Vested Units held by the Seller (collectively referred to herein as the “Seller’s Units”), for a purchase price equal to Fair Market Value (defined below) (the “Purchase Price”) and in accordance with the terms specified below (the “Repurchase Rights”).
(b) The Repurchase Rights shall be exercisable at any time by written notice from the Buyer to the Seller (the “Purchase Notice”).
Right to Repurchase. CLAUSE 4 -------- Purchaser herewith grants to Sellers the right to collectively repurchase all but not less than all of the Shares if by 1 August 2000 the Firm Offer will not have been consummated. Such right can be exercised during a period of three months following 1 August 2000. Repurchase of the Shares shall be at the same price as the price paid by Purchaser to Sellers under this Agreement. In case Sellers wish to exercise their rights granted in this clause 4, Sellers shall give notice in writing to Purchaser and the sale and transfer of the Shares to be repurchased shall take place within 10 business days following the date of the notice.
