The Put. (a) In the event that Capstone does not exercise the Series A Warrant on the Initial Exercise Date or any subsequent Periodic Exercise Date such that as of the applicable Exercise Date, Capstone’s cumulative purchases of Common Stock pursuant to the Series A Warrant shall not have been at a rate that is equal to or in excess of the Minimum Rate, then TCH shall have the right to notify Capstone not earlier than 30 days and not later than 40 days after the applicable Exercise Date of TCH’s exercise of its put rights hereunder (the “Put Notice”). Upon receipt of the Put Notice, Capstone shall be required to exercise the Series A Warrant to (i) purchase the Minimum Amount by a date identified in the Put Notice that is no earlier than 10 days after and no later than 30 days after the date of the Put Notice (the “Put Date”), or if Capstone has previously exercised the Series A Warrant to purchase shares in excess of the Minimum Rate, then such lesser amount of Common Stock as would, if purchased as of the applicable Exercise Date, have made Capstone’s purchases of Common Stock pursuant to the Series A Warrant as of such Exercise Date equal to the Minimum Rate (the “Initial Mandatory Purchase”), and (ii) purchase by a date that is no later than each subsequent Periodic Exercise Date an amount of Common Stock such that as of each such Periodic Exercise Date, Capstone’s cumulative purchases of Common Stock pursuant to the Series A Warrant through that date shall have been at a rate that is no less than the Minimum Rate (the “Periodic Mandatory Purchases”).
The Put. At any time during the Exercise Period, each of Sellers may elect, each on one occasion only, to cause the Buyer to purchase (which purchase shall be subject to the condition, which may be waived by the Buyer in its discretion, that the representations and warranties required to be delivered to the Buyer pursuant to Section 4.2 are all true at the time of such purchase) his respective Put Shares, for an aggregate price equal to the Put Price, which may be paid at Buyer's option in any combination of cash or Qualifying Stock valued at the Average Last Trade Price of the Qualifying Stock before the Closing when it will be issued. In order to exercise the election referred to above, Sellers (or either of them, if he is the only one electing to cause the Buyer to purchase Put Shares pursuant to this Section 2) must deliver written notice thereof to the Buyer, which notice must be received by the Buyer during the Exercise Period. Such notice shall be irrevocable upon receipt by the Buyer.
The Put. (a) Ergon shall have the right to require BKEP to purchase one hundred percent (100%) of the authorized and outstanding member interests of DEVCO for the Purchase Price (the “Put”) at any time beginning the earlier of (i) eighteen (18) months from the formation of the JV Company or (ii) six (6) months after Mechanical Completion (as defined in the Construction Management Agreement between Cimarron Express Pipeline, LLC and BKEP Pipeline, L.L.C.) of the STACK Pipeline Project. The time periods in (i) and (ii) may be extended by an event of Force Majeure (as hereinafter defined) for a period of up to six (6) months from the date of the event but under no circumstances may the applicable time period extend past March 31, 2020. Once the Put is exercised, BKEP will have sixty (60) days in which to close, or such other time period as Ergon and BKEP may mutually agree. Failure to close within the stated time period shall trigger an interest rate of twelve percent (12%) per annum (the “Default Rate”).
The Put. Foodex hereby irrevocably grants and issues to the Shareholder the right and option to sell to Foodex on November 1, 1998 and for a period of thirty (30) calendar days thereafter (hereinafter referred to as the "Put") any or all of the Shares at a purchase price of $5.00 per share (as adjusted pursuant to Section 6 below) (the "Put Price"). The right of the Shareholder to exercise the Put under this Section 2 is not transferable, except to the extent Shares are transferred in compliance with Section 4.2 below.
The Put. If the Purchaser purchases the Surplus Notes ------- pursuant to this Agreement, Purchaser shall have the irrevocable right and option (the "Put") to require Seller to repurchase from Purchaser (i) during the --- period ("Put Period I") commencing on the first anniversary of the Closing Date ------------ and ending at 5:00 p.m. on the thirtieth day following the first anniversary of the Closing Date (or, if such day is not a Business Day, the first Business Day thereafter), outstanding Surplus Notes in an aggregate principal amount of up to Twenty Million Dollars ($20,000,000.00), (ii) during the period (the "Put Period ---------- II") commencing on the second anniversary of the Closing Date and ending at 5:00 -- p.m. on the thirtieth day following the second anniversary of the Closing Date (or, if such day is not a Business Day, the first Business Day thereafter), all or a portion of the remaining outstanding aggregate principal amount of the Surplus Notes, and (iii) upon and during the continuance of a Put Acceleration Event, all or a portion of the remaining outstanding aggregate principal amount of the Surplus Notes; provided that Purchaser may require Seller to purchase -------- less than all of the outstanding Surplus Notes only in an aggregate principal amount of One Million Dollars ($1,000,000) or integral multiples thereof.
The Put. The Company hereby irrevocably grants and issues to Shareholder the right and option to sell to the Company on July 1, 1999 (hereinafter referred to as the "Put") any or all of the Shares for the consideration set forth in Section 2.3; PROVIDED, HOWEVER, that if the Company's common stock closes at or above $5.00 (subject to adjustment under Section 6 below) (the "Termination Value") on the OTC Bulletin Board for ten (10) consecutive trading days at any time between the date of this Amendment and on or before July 1, 1999, the Put shall immediately terminate and be of no force and effect without further notice or action. The right of the Shareholder to exercise the Put under this Section 2 is not transferable.
The Put. The Corporation hereby irrevocably grants and issues to each holder of Series C Preferred Stock the right to require the Corporation to purchase at any time (hereinafter referred to as the "Put") any or all of such Series C Preferred Stock at the Redemption Value.
The Put. The Corporation hereby irrevocably grants and issues to each holder of Series B Preferred Stock the right to require the Corporation to purchase any time after the second anniversary of the Issue Date (hereinafter referred to as the "Put") any or all of such Series B Preferred Stock at the Redemption Value.
The Put. Option Price per Unrestricted Put Option Share and per Restricted Put Option Share shall be adjusted to take into account any stock splits, reverse stock splits, reclassification of shares, capital increases and similar actions.
The Put. CCA shall have the right, exercisable at any time after the date which is two (2) years and one (1) day following the date of this Agreement (the "Initial Date") and before that date which is one hundred twenty (120) days after the Initial Date (the "Put and Option Period"), to require that Maple Lane LLC repurchase the Property and all then existing improvements thereon or associated therewith (the "Improved Property") from CCA (the "Put"). The Put shall be exercised, if at all, by CCA delivering written notice of its exercise to Maple Lane LLC prior to the expiration of the Put and Option Period.
