Common use of Unconditional Right of Holders to Purchase Common Stock Clause in Contracts

Unconditional Right of Holders to Purchase Common Stock. (a) The Holder of any Equity Units or Stripped Equity Units, as the case may be shall have the right, which is absolute and unconditional, subject to the right of the Company to defer payment thereof pursuant to Section 5.3, and to the forfeiture of any Deferred Contract Adjustment Payments upon Early Settlement pursuant to Section 5.9(a) or upon Merger Early Settlement pursuant to Section 5.10 or upon the occurrence of a Termination Event, to receive payment of each installment of the Contract Adjustment Payments, if any, with respect to the Purchase Contract constituting a part of such Equity Units or Stripped Equity Units, as the case may be, on the respective Payment Date for such Equity Units or Stripped Equity Units, as the case may be, and (b) Subject to Section 5.6, the Holder of any Units shall have the right, which is absolute and unconditional, to purchase Common Stock pursuant to the Forward Purchase Contract constituting a part of such Units and to institute suit for the enforcement of any such right to purchase Common Stock, and such right shall not be impaired without the consent of such Holder.

Unconditional Right of Holders to Purchase Common Stock. (a) The Holder of any Equity Security Units or Stripped Equity Units, as the case may be be, shall have the right, which is absolute and unconditional, subject to the right of the Company to defer payment thereof pursuant to Section 5.3, and to the forfeiture of any Deferred Contract Adjustment Payments upon Early Settlement pursuant to Section 5.9(a) or ), upon Merger Early Settlement pursuant to Section 5.10 or upon the occurrence of a Termination Event, to receive payment of each installment of the Contract Adjustment Payments, if any, with respect to the Purchase Contract Contracts constituting a part of such Equity Security Units or Stripped Equity Units, as the case may be, on the respective Payment Date Dates for such Equity Security Units or Stripped Equity Units, as the case may be, and (b) Subject to Section 5.6Sections 5.6 and 5.8, the Holder of any Equity Security Units or Stripped Units, as the case may be, shall have the right, which is absolute and unconditional, to purchase Common Stock pursuant to the Forward Purchase Contract constituting a part of such Equity Security Units or Stripped Units and to institute suit for the enforcement of any such right to purchase Common Stock, and such right shall not be impaired without the consent of such Holder.

Unconditional Right of Holders to Purchase Common Stock. (a) The Holder of any Equity Units or Stripped Equity Units, as the case may be shall have the right, which is absolute and unconditional, subject to the right of the Company to defer payment thereof pursuant to Section 5.3, and to the forfeiture of any Deferred Contract Adjustment Payments upon Cash Settlement pursuant to Section 5.2(d), upon Early Settlement pursuant to Section 5.9(a) or ), upon Merger Early Settlement pursuant to Section 5.10 or upon the occurrence of a Termination Event, to receive payment of each installment of the Contract Adjustment Payments, if any, with respect to the Purchase Contract constituting a part of such Equity Units or Stripped Equity Units, as the case may be, on the respective Payment Date for such Equity Units or Stripped Equity Units, as the case may be, and (b) Subject to Section 5.6, the Holder of any Units shall have the right, which is absolute and unconditional, to purchase Common Stock pursuant to the Forward Purchase Contract constituting a part of such Units and to institute suit for the enforcement of any such right to purchase Common Stock, and such right shall not be impaired without the consent of such Holder.