Examples of Company Election Notice in a sentence
The Company Election Notice shall specify the anticipated date of the Business Combination Closing, the number of the Forward Purchase Shares it is requesting that the Purchaser purchase, the aggregate FPS Purchase Price and instructions for wiring the FPS Purchase Price to an account designated by the Company.
The Company Election Notice shall specify (i) the date of such meeting, (ii) the date on which such mailing is intended to be made, and (iii) the name or names of the directors of the Company whose terms are to expire at such meeting.
If the Company elects to exercise its Net Payment Right, the Company Election Notice shall state the number of Warrant Shares to which such Net Payment Right will apply and the form of such Net Payment.
If the Company (x) did not deliver a Company Election Notice or (y) elected in a Company Election Notice to exercise its Net Payment Right as to all or any portion of the Warrant Shares in the form of cash, then the Company shall deliver the applicable cash payment within three Business Days after the Holder completes its exercise of this Warrant in accordance with Section 2(a) by wire transfer of immediately available funds to an account designated by the Holder.
For the avoidance of doubt, the Purchasers shall be permitted to deliver the Purchaser Second Unit Closing Notice after delivery by the Company of the Company Election Notice and prior to the consummation of the Common Equity Closing, in which case the consummation of the Common Equity Closing will not occur until after the consummation of the Second Unit Closing.
The delivery of the Company Election Notice shall be in the sole discretion of the Board, and the delivery of the Non-Participation Notice or the Common Equity Closing Notice shall be in the sole discretion of the Majority Purchasers.
The Company Election Notice shall set forth the number of Class A Common Units which the Company has elected to purchase and the number of Class A Common Units, if any, which are available for purchase by MDCP (the “Available Units”).
The Company Election Notice will be binding on and enforceable against the Company with respect to the purchase and sale of all of such Offered Shares at the price and on the terms and conditions set forth in the Transfer Notice.
The right of each of the Company and the Non-Selling Investor as provided for in this Section 2 will be void ab initio if the Company Election Notice, all Investor Election Notices and all Second Investor Election Notices, collectively constitute an offer to purchase less than all of such Offered Shares.
From and after the delivery of a Holder Election Notice by the Holder or, subject to the second proviso of the first sentence of this Section 4(a), from and after the delivery of a Company Election Notice by the Company indicating the Company’s intention to exercise its cancellation rights, and throughout and including the consummation of such Change of Control, the Holder shall not be permitted to exercise this Warrant in connection with such Change of Control.