Common use of Rights to Purchase Clause in Contracts

Rights to Purchase. The Lessee shall have the right upon notice as provided herein to purchase the Aircraft (A) on the EBO Date for a price equal to the EBO Amount; (B) upon the termination of the Basic Term a price equal to the then Fair Market Sales Value of the Aircraft; or (C) at the end of any Renewal Term for a price equal to the then Fair Market Sales Value of the Aircraft in each case as long as no Event of Default of the type referred to in Section 16(f), (g) or (h) hereof shall have occurred and be continuing on the date of purchase. Upon the payment by the Lessee of the purchase price for the Aircraft and the Basic Rent, if any, payable in arrears on the date of purchase, together with all unpaid Basic Rent, if any, payable before such date and all Supplemental Rent then due and payable hereunder, the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Liens.

Rights to Purchase. The Lessee shall have the right upon notice as provided herein to purchase the Aircraft (A) on the EBO Date for a price equal to the EBO Amount; (B) upon the termination of the Basic Term for a price equal to the then Fair Market Sales Value of the Aircraft; or (C) at the end of any Renewal Term for a price equal to the then Fair Market Sales Value of the Aircraft in each case as long as no Event of Default of the type referred to in Section 16(f), (g) or (h) hereof -33- shall have occurred and be continuing on the date of purchase. Upon In the event the Lessee elects to purchase the Aircraft pursuant to clause (A) of this Section 13(b)(i), then upon the payment by the Lessee of (I) the EBO Amount plus (II) the amount, if any, set forth opposite the EBO Date in Exhibit D in the column with the heading "Deferred Basic Rent Amount" plus (III) the Basic Rent, if any, payable on the EBO Date plus (IV) all unpaid Basic Rent, if any, payable before the EBO Date plus (V) all Supplemental Rent then due and payable hereunder (including any Supplemental Rent then due and payable hereunder) less (VI) the amount, if any, set forth opposite the EBO Date in Exhibit D in the column with the heading "Prepaid Basic Rent Amount", the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Liens. In the event the Lessee elects to purchase the Aircraft pursuant to clause (B) or (C) of this Section 13(b)(i), then upon the payment by the Lessee of the purchase price for the Aircraft and the Basic Rent, if any, payable in arrears on the date of purchase, together with all unpaid Basic Rent, if any, payable before such date and all Supplemental Rent then due and payable hereunder, the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Liens.

Rights to Purchase. Section 4.1 Right to Participate in Certain Sales of Additional Securities. The Lessee shall have Company agrees that it will not sell or issue any shares of capital stock of the right upon notice as provided herein Company, or other securities convertible into or exchangeable for capital stock of the Company, or options, warrants or rights carrying any rights to purchase capital stock of the Aircraft (A) on Company unless the EBO Date for Company first submits a price equal written offer to the EBO Amount; Investors and Founder (B) upon the termination including for all purposes of the Basic Term a price equal to the then Fair Market Sales Value this Article IV each permitted transferee of the Aircraft; or (C) at the end of any Renewal Term for a price equal to the then Fair Market Sales Value of the Aircraft in each case as long as no Event of Default of the type referred to in Section 16(f), (g) or (h) hereof shall have occurred and be continuing on the date of purchase. Upon the payment by the Lessee of the purchase price for the Aircraft and the Basic Rent, if any, payable in arrears on the date of purchase, together with all unpaid Basic Rent, if any, payable before such date and all Supplemental Rent then due and payable hereunder, the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving Founder pursuant to Section 3(c3.1(b)) identifying the terms of the proposed sale (including price, number or aggregate principal amount of securities and all other material terms), Articles 6 and 7 offers to each Investor and Founder the opportunity to purchase its Pro Rata Share (as hereinafter defined) of the Participation Agreement securities (subject to increase for over-allotment if some Investors or Founder do not fully exercise their rights) on terms and conditions, including price, not less favorable to the Tax Indemnity Agreement Investors and Founder than those on which the Company proposes to sell such securities to a third party or parties. Each Investor's or Founder's "Pro Rata Share" of such securities shall be based on the ratio which have otherwise accrued but not been paid the shares of Common Stock held by it or him bears to all the issued and outstanding shares of Common Stock calculated on a fully-diluted basis giving effect to the conversion of convertible securities as of the date of such paymentwritten offer. The Company's offer to the Investors and Founder shall remain open and irrevocable for a period of 30 days during which time the Investors and Founder may accept such offer by written notice to the Company setting forth the number of shares to be purchased by any such Investor or Founder. Investors and Founder who elect to so purchase shares shall have the first right to take up and purchase any shares or other securities which other Investors or the Founder do not elect to purchase, based on the relative holdings of the electing purchasers. Any securities so offered which are not purchased pursuant to such offer may be sold by the Company but only on the terms and conditions set forth in the initial offer to the Investors and Founder, at any time within 90 days following the termination of the above-referenced 30-day period. Notwithstanding the foregoing, the Company may (i) shall ceaseissue options and shares of restricted stock to its officers and employees with respect to up to 3,833 shares pursuant to the Option Plan and issue shares of its Common Stock upon the exercise of any such stock options, (ii) issue Conversion Shares upon conversion of the Convertible Preferred Shares, (iii) issue warrants to purchase Common Stock and shares of Common Stock upon the exercise of such warrants to any commercial lender which is not an Affiliate of the Company or any Investor in connection with any senior loans obtained by the Company, (iv) issue shares of Common Stock pursuant to the exercise of the Founder Warrant, or (v) issue shares of Common Stock or securities convertible into Common Stock in connection with the acquisition by the Company of other businesses or lines of business, and the Lessor this Article IV shall convey not apply with respect to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Lienssuch issuances.

Rights to Purchase. The Lessee (a) Subject to the terms and conditions of this Agreement, the obligation of the Underwriters to purchase the Purchased Shares or the Additional Shares at the Closing Time or at the Option Closing Time, as the case may be, shall be several and not joint (or joint and several) and shall be equal to the percentage of the Purchased Shares or the Additional Shares, as the case may be, set out opposite the name of the respective Underwriters below: CIBC 31.0% Jefferies 20.0% RBC 20.0% Baird 12.0% Cowen 5.0% Canaccord 4.0% Cormark 4.0% NBF 4.0% TOTAL 100.0% (b) Subject to Section 25(d), if an Underwriter (a "Refusing Underwriter") shall fail to purchase its applicable percentage of the Purchased Shares or the Additional Shares, as the case may be (the "Defaulted Securities"), at the Closing Time or the Option Closing Time, as the case may be, the remaining Underwriters (the "Continuing Underwriters") will be entitled, at their option, to purchase, severally and not jointly (or jointly and severally), all but not less than all of the Defaulted Securities on a pro rata basis among the Continuing Underwriters in proportion to the percentage of Purchased Shares which such Continuing Underwriters have agreed to purchase pursuant to Section 25(a) or in any other proportion agreed upon, in writing, by the Continuing Underwriters. If no such arrangement has been made and the number of Defaulted Securities to be purchased by the Refusing Underwriter(s) does not exceed 10% of the total number of Purchased Shares or Additional Shares, as the case may be, to be purchased by the Underwriters under this Agreement on the Closing Date or the Option Closing Date, as the case may be, the Continuing Underwriters will be obligated to purchase, severally and not jointly (or jointly and severally), the Defaulted Securities on a pro rata basis in proportion to the percentage of Purchased Shares which such Continuing Underwriters have agreed to purchase pursuant to Section 25(a) or in any other proportion agreed upon, in writing, by the Continuing Underwriters, provided that the Continuing Underwriters shall have the right upon notice to postpone the Closing Time or the Option Closing Time, as provided herein to purchase applicable, for such period not exceeding five Business Days as they shall determine and notify the Aircraft (A) on Company in order that the EBO Date for a price equal to the EBO Amount; (B) upon the termination of the Basic Term a price equal to the then Fair Market Sales Value of the Aircraft; or (C) at the end of any Renewal Term for a price equal to the then Fair Market Sales Value of the Aircraft in each case as long as no Event of Default of the type referred to in Section 16(f), (g) or (h) hereof shall have occurred and be continuing on the date of purchase. Upon the payment by the Lessee of the purchase price for the Aircraft and the Basic Rentrequired changes, if any, payable in arrears to the Final Offering Documents or to any other documents or arrangements may be effected. If the number of Defaulted Securities to be purchased by the Refusing Underwriter(s) exceeds 10% of the total number of Purchased Shares or Additional Shares, as the case may be, to be purchased by the Underwriters under this Agreement on the date of purchaseClosing Date or the Option Closing Date, together with all unpaid Basic Rentas the case may be, the Continuing Underwriters will not be obligated to purchase the Defaulted Securities and, if anythe Continuing Underwriters do not elect to purchase the Defaulted Securities, payable before each such date and all Supplemental Rent then due and payable hereunderContinuing Underwriter shall have the right to either (i) terminate its obligations under this Agreement, or (ii) proceed with the purchase of its percentage of Purchased Shares or Additional Shares, as the case may be, as provided in Section 25(a) and, in such case, the Term Company shall end and sell such Purchased Shares or Additional Shares, as the obligations case may be, to such Underwriter in accordance with the terms of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Liensthis Agreement.