Stock Exchange Exercise Sample Clauses

Stock Exchange Exercise. (i) In the event the Warrantholder elects to exercise the right to purchase the Shares represented by this Warrant through a Stock Exchange Exercise pursuant to this Section 3(B), the Warrantholder may so exercise such right by the surrender of this Warrant and delivery of the Notice of Exercise annexed hereto, duly completed and executed on behalf of the Warrantholder and indicating the Warrantholder's election of a Stock Exchange Exercise, at the office of the Company in Fresno, California (or such other office or agency of the Company in the United States as it may designate by notice in writing to the Warrantholder at the address of the Warrantholder appearing on the books of the Company) prior to the Expiration Time. (ii) Upon delivery of this Warrant and the Notice of Exercise to the Company pursuant to clause (i) above, the Company and the Warrantholder shall promptly determine the Final Appraised Value of the KunShan and Beijing Assets. Within 10 business days after the ultimate determination of such Final Appraised Value, the Warrantholder shall promptly transfer to the Company all of the issued and outstanding Capital Stock of the Real Estate Holding Company pursuant to a Stock Exchange Agreement prepared in a form that (A) is approved by the Independent Directors (as defined in the Investment Agreement), (B) is standard for an entity such as the Real Estate Holding Company, and (C) includes terms customary to transactions similar to the transactions described herein (the "Stock Exchange Agreement") and such other documents as are necessary or advisable (as determined by the Company in its sole discretion) to transfer title thereto to the Company in lieu of payment of the Exercise Price for the Shares thereby purchased; provided, however, that in the event the Final Appraised Value of the KunShan and Beijing Assets is: (1) less than the amount in cash the Company would otherwise have received for the Shares had the Warrantholder instead exercised its right to purchase the Shares pursuant to a Cash Exercise in accordance with Section 3(A), the Warrantholder shall, concurrent with the transfer of the Real Estate Holding Company Stock to the Company pursuant to the Stock Exchange Agreement, pay to the Company in cash, by certified or cashier's check or by wire transfer to the order of the Company, within 45 days after the ultimate determination of the Final Appraised Value of the KunShan and Beijing Assets, the Shortfall Amount, or (2) more than the...
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Related to Stock Exchange Exercise

  • Stock Exchange Delisting Prior to the Closing Date, the Company shall cooperate with Parent and use reasonable efforts to take, or cause to be taken, all actions, and do or cause to be done all things, reasonably necessary, proper or advisable on its part under applicable Laws and rules and policies of the NASDAQ Global Select Market to enable the delisting by the Surviving Corporation of the Shares from the NASDAQ Global Select Market and the deregistration of the Shares under the Exchange Act as promptly as practicable after the Effective Time.

  • Stock Exchange Delisting; Deregistration Prior to the Closing Date, the Company shall cooperate with Parent and use its reasonable best efforts to take, or cause to be taken, all actions, and do or cause to be done all things, reasonably necessary, proper or advisable on its part under applicable laws and rules and policies of NASDAQ to enable the delisting by the Surviving Corporation of the Shares from NASDAQ and the deregistration of the Shares under the Exchange Act as promptly as practicable after the Effective Time.

  • Stock Exchange De-listing Prior to the Closing Date, the Company shall cooperate with Parent and use reasonable best efforts to take, or cause to be taken, all actions, and do or cause to be done all things, reasonably necessary, proper or advisable on its part under applicable Laws and rules and policies of the NYSE to enable the delisting by the Surviving Corporation of the Shares from the NYSE and the deregistration of the Shares under the Exchange Act as promptly as practicable after the Effective Time.

  • Nasdaq Until the consummation of a Business Combination, the Company will use its best efforts to maintain the listing of the Public Securities on Nasdaq or a national securities exchange acceptable to the Representative.

  • Nasdaq Stock Market The Public Securities have been authorized for listing, subject to official notice of issuance and evidence of satisfactory distribution, on The Nasdaq Stock Market (the “Nasdaq”), and the Company knows of no reason or set of facts that is likely to adversely affect such authorization.

  • Time of Exercise The purchase rights represented by this Warrant may be exercised in whole or in part during the Term.

  • Vesting; Time of Exercise Except as specifically provided in this Agreement and subject to certain restrictions and conditions set forth in the Plan, the Optioned Shares shall be vested and the Stock Option shall be exercisable as follows:

  • New York Stock Exchange Listing Application has been made, and the Securities shall have been listed and admitted and authorized for trading, subject to official notice of issuance, on the New York Stock Exchange so that trading on such exchange will begin within 30 days after the date of this Agreement.

  • Stock Exchange Listing The shares of Common Stock have been approved for listing on the NASDAQ Capital Market (the “Exchange”), and the Company has taken no action designed to, or likely to have the effect of, delisting the shares of Common Stock from the Exchange, nor has the Company received any notification that the Exchange is contemplating terminating such listing except as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

  • New York Stock Exchange The Securities shall be duly listed, subject to notice of issuance, on the New York Stock Exchange, satisfactory evidence of which shall have been provided to the Representative.

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