Termination Price. For purposes of this Section 7.09, if the employment or other service arrangement of a Management Member is terminated (i) by the Company or a Subsidiary thereof for Cause, the “Termination Price” shall be an amount per Termination Unit equal to the original purchase price paid to the Company for such Termination Unit, and (ii) if the employment or other service arrangement of a Management Member is terminated for any reason other than for Cause, the “Termination Price” shall be (x) in the case of a Call, an amount per Termination Unit equal to the greater of Repurchase Fair Market Value on the RFMV Calculation Date and original purchase price paid to the Company and (y) in the case of a Put, an amount per Put Unit equal to the Repurchase Fair Market Value on the RFMV Calculation Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (STR Holdings (New) LLC), Joinder Agreement (STR Holdings, Inc.), Agreement and Plan of Merger (STR Holdings, Inc.)
Termination Price. For purposes of this Section 7.098.09, if the employment or other service arrangement of a Management Member is terminated (i) by the Company or a Subsidiary thereof for Cause, the “Termination Price” shall be an amount per Termination Unit equal to the original purchase price paid to the Company for such Termination Unit, and (ii) if the employment or other service arrangement of a Management Member is terminated for any reason other than for Cause, the “Termination Price” shall be (x) in the case of a Call, an amount per Termination Unit equal to the greater of Repurchase Fair Market Value on the RFMV Calculation Date and original purchase price paid to the Company and (y) in the case of a Put, an amount per Put Unit equal to the Repurchase Fair Market Value on the RFMV Calculation Date.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (STR Holdings (New) LLC), Contribution Agreement (STR Holdings (New) LLC), Limited Liability Company Agreement (STR Holdings LLC)
