Common use of Term of the Repurchase Agreement Clause in Contracts

Term of the Repurchase Agreement. A. This Repurchase Agreement shall become effective immediately and shall terminate upon the first to occur of the following: (i) the ending of the Trading Period, if any, as set forth in Attachment 1; (ii) the purchase of the number of Total Plan Shares pursuant to this Repurchase Agreement; (iii) the end of the second business day following the date of receipt by the Broker of notice of early termination signed by the Company’s President or Chief Financial Officer, delivered to the Broker by fax, transmitted to (804-649-0597), Attention: Xxxx Xxxxxxx; (iv) the commencement of any voluntary or involuntary case or other proceeding seeking liquidation, reorganization or other relief under any bankruptcy, insolvency or similar law or seeking the appointment of a trustee, receiver or other similar official, or the taking of any corporate action by the Company to authorize or commence any of the foregoing; (v) the public announcement of a tender or exchange offer for the Stock or of a merger, acquisition, recapitalization or other similar business combination or transaction as a result of which the Stock would be exchanged for or converted into cash, securities or other property; or (vi) the failure of the Company to comply with Section 2 hereof. B. Sections 2 and 13 of this Repurchase Agreement shall survive any termination hereof. In addition, the Company’s obligation under Section 2 hereof in respect of any shares of Stock purchased prior to any termination hereof shall survive any termination hereof.

Appears in 2 contracts

Samples: 10b5 1 Repurchase Agreement (Optical Cable Corp), 10b5 1 Repurchase Agreement (Optical Cable Corp)

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Term of the Repurchase Agreement. A. This Repurchase Agreement shall become effective immediately and shall terminate upon the first to occur of the following: (i) the ending of the Trading Period, if any, as set forth in Attachment 1; (ii) the purchase of the number of Total Plan Shares pursuant to this Repurchase Agreement; (iii) the end of the second business day following the date of receipt by the Broker of notice of early termination signed by the Company’s President or Chief Financial Officer, delivered to the Broker by faxfac, transmitted to (804-649-0597), Attention: Xxxx XxxxxxxXxxxxx; (iv) the commencement of any voluntary or involuntary case or other proceeding seeking liquidation, reorganization or other relief under any bankruptcy, insolvency or similar law or seeking the appointment of a trustee, receiver or other similar official, or the taking of any corporate action by the Company to authorize or commence any of the foregoing; (v) the public announcement of a tender or exchange offer for the Stock or of a merger, acquisition, recapitalization or other similar business combination or transaction as a result of which the Stock would be exchanged for or converted into cash, securities or other property; or (vi) the failure of the Company to comply with Section 2 hereof. B. Sections 2 and 13 of this Repurchase Agreement shall survive any termination hereof. In addition, the Company’s obligation under Section 2 hereof in respect of any shares of Stock purchased prior to any termination hereof shall survive any termination hereof.

Appears in 1 contract

Samples: 10b5 1 Repurchase Agreement (Optical Cable Corp)

Term of the Repurchase Agreement. A. This Repurchase Agreement shall become effective immediately and shall terminate upon the first to occur of the following: (i) i. the ending of the Trading Period, if any, as set forth in Attachment 1; (ii) . the purchase of the number of Total Plan Shares pursuant to this Repurchase Agreement; (iii) . the end of the second business day following the date of receipt by the Broker of notice of early termination substantially in the form of Appendix A hereto, signed by the CompanyIssuer’s President or Chief Financial Officer, delivered to the Broker by faxtelecopy, transmitted to (804704-649954-05971344), Attention: Xxxx XxxxxxxXxxxxx Xxxxxxxxx; (iv) . the commencement of any voluntary or involuntary case or other proceeding seeking liquidation, reorganization or other relief under any bankruptcy, insolvency or similar law or seeking the appointment of a trustee, receiver or other similar official, or the taking of any corporate action by the Company Issuer to authorize or commence any of the foregoing; (v) v. the public announcement of a tender or exchange offer for the Stock or of a merger, acquisition, recapitalization or other similar business combination or transaction as a result of which the Stock would be exchanged for or converted into cash, securities or other property; or (vi) . the failure of the Company Issuer to comply with Section 2 hereof. B. Sections 2 and 13 of this Repurchase Agreement shall survive any termination hereof. In addition, the CompanyIssuer’s obligation under Section 2 hereof in respect of any shares of Stock purchased prior to any termination hereof shall survive any termination hereof.

Appears in 1 contract

Samples: 10b5 1 Repurchase Agreement (Optical Cable Corp)

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Term of the Repurchase Agreement. A. This Repurchase Agreement shall become effective immediately and shall terminate upon the first to occur of the following: (i) the ending of the Trading Period, if any, as set forth in Attachment 1; (ii) the purchase of the number of Total Plan Shares pursuant to this Repurchase Agreement; (iii) the end of the second business day following the date of receipt by the Broker of notice of early termination signed by the Company’s President or Chief Financial Officer, delivered to the Broker by faxtelecopy, transmitted to (804704-649954-05971344), Attention: Xxxx XxxxxxxXxxxxx; (iv) the commencement of any voluntary or involuntary case or other proceeding seeking liquidation, reorganization or other relief under any bankruptcy, insolvency or similar law or seeking the appointment of a trustee, receiver or other similar official, or the taking of any corporate action by the Company to authorize or commence any of the foregoing; (v) the public announcement of a tender or exchange offer for the Stock or of a merger, acquisition, recapitalization or other similar business combination or transaction as a result of which the Stock would be exchanged for or converted into cash, securities or other property; or (vi) the failure of the Company to comply with Section 2 hereof. B. Sections 2 and 13 of this Repurchase Agreement shall survive any termination hereof. In addition, the Company’s obligation under Section 2 hereof in respect of any shares of Stock purchased prior to any termination hereof shall survive any termination hereof.

Appears in 1 contract

Samples: 10b5 1 Repurchase Agreement (Optical Cable Corp)

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