The Company's First Notice Sample Clauses

The Company's First Notice. Within five business days after receipt (the "Date of Receipt" for purposes of this Section 4) of the Put Notice, the Company shall deliver a written notice (the "Company's First Notice") to all holders of Investor Stock which is Preferred Stock, a BofA Warrant or held by FINOVA (with respect to such Put, the "Eligible Holders") informing them of the receipt of the Put Notice, the Date of Receipt, the quantity of Investor Stock requested to be purchased pursuant to the Put Notice, the number of shares of Investor Underlying 20 Common Stock then existing with respect to outstanding shares of Preferred Stock, BofA Warrants and shares held by FINOVA and number of shares of Common Stock on a Fully Diluted Basis in existence at the close of business on the Date of Receipt. The Company's First Notice will also specify a place, date and time for a meeting of all Eligible Holders who deliver a Put Notice and all Eligible Holders who deliver a Put Election Notice pursuant to Section 4.3 (collectively, the "Put Holders") to participate in the selection of an investment banking firm for purposes of determining Fair Market Value, which date (the "Holders Meeting Date") shall not be less than five business days nor more than 30 days after the Date of Receipt.
Sample 1
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Related to The Company's First Notice

  • Closing of the Company’s Transfer Books At the Effective Time: (a) all shares of Company Common Stock outstanding immediately prior to the Effective Time shall automatically be canceled and retired and shall cease to exist, and all holders of certificates representing shares of Company Common Stock that were outstanding immediately prior to the Effective Time shall cease to have any rights as stockholders of the Company; and (b) the stock transfer books of the Company shall be closed with respect to all shares of Company Common Stock outstanding immediately prior to the Effective Time. No further transfer of any such shares of Company Common Stock shall be made on such stock transfer books after the Effective Time. If, after the Effective Time, a valid certificate previously representing any shares of Company Common Stock (a "Company Stock Certificate") is presented to the Exchange Agent (as defined in Section 1.7) or to the Surviving Corporation or Parent, such Company Stock Certificate shall be canceled and shall be exchanged as provided in Section 1.7.

  • CONDITIONS TO THE COMPANY’S RIGHT TO COMMENCE SALES OF SHARES OF COMMON STOCK The right of the Company hereunder to commence sales of the Purchase Shares on the Commencement Date is subject to the satisfaction or, where legally permissible, the waiver of each of the following conditions:

  • Company’s Right of First Refusal Before any Shares held by Participant or any transferee (either being sometimes referred to herein as the “Holder”) may be sold or otherwise transferred (including transfer by gift or operation of law), the Company or its assignee(s) shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this Section 5 (the “Right of First Refusal”).

  • Transfer on the Company's Books Until this Warrant is transferred on the books of the Company, the Company may treat the registered holder hereof as the absolute owner hereof for all purposes, notwithstanding any notice to the contrary.

  • Company Right of First Refusal (a) Before the Warrant, any portion thereof or any Shares may be sold or otherwise transferred by the Holder, the Company shall have a right of first refusal to purchase the Warrant, such portion thereof and/or any such Shares, as the case may be, on the terms and conditions set forth in this Section 11.

  • Notice to LIFE COMPANY AVIF will promptly make known in writing to LIFE COMPANY the Board of Directors' determination of the existence of a material irreconcilable conflict, a description of the facts that give rise to such conflict and the implications of such conflict.

  • Notice to Company Indemnitee shall provide to the Company prompt written notice of any Proceeding brought, threatened, asserted or commenced against Indemnitee with respect to which Indemnitee may assert a right to indemnification hereunder; provided that failure to provide such notice shall not in any way limit Indemnitee’s rights under this Agreement.

  • Conditions to the Company’s Obligation to Sell The obligation of the Company hereunder to issue and sell the Note to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:

  • Principal Executive Office The principal executive office of the Partnership is located at 0000 Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxx 00000, or at such other place or places within the State as the General Partner may hereafter designate.

  • Notice to the Company The Option shall be exercised in whole or in part by written notice in substantially the form attached hereto as Exhibit A directed to the Company at its principal place of business accompanied by full payment as hereinafter provided of the exercise price for the number of Option Shares specified in the notice.

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