Company Right to Purchase. For 30 days following its receipt of such Transfer Notice, the Company shall have the option to purchase all or part of the Offered Shares at the price and upon the terms set forth in the Transfer Notice. In the event the Company elects to purchase all or part of the Offered Shares, it shall give written notice of such election to the Participant within such 30-day period. Within 10 days after his or her receipt of such notice, the Participant shall tender to the Company at its principal offices the certificate or certificates representing the Offered Shares to be purchased by the Company, duly endorsed in blank by the Participant or with duly endorsed stock powers attached thereto, all in a form suitable for transfer of the Offered Shares to the Company. Promptly following receipt of such certificate or certificates, the Company shall deliver or mail to the Participant a check in payment of the purchase price for such Offered Shares; provided that if the terms of payment set forth in the Transfer Notice were other than cash against delivery, the Company may pay for the Offered Shares on the same terms and conditions as were set forth in the Transfer Notice; and provided further that any delay in making such payment shall not invalidate the Company’s exercise of its option to purchase the Offered Shares.
Company Right to Purchase. For 15 days following its receipt of such Transfer Notice (the “Company Notice Period”), the Company shall have the option to purchase all or any portion of the Offered Shares at the price and upon the terms set forth in the Transfer Notice. In the event the Company elects to purchase any of the Offered Shares, it shall give written notice of its election to the Participant during the Company Notice Period (such notice, the “Company Notice”). The settlement of the sale of such Offered Shares to the Company shall be made at the principal office of the Company in cash within 45 days after the Company receives the Transfer Notice. If the consideration proposed in the Transfer Notice to be paid for the Offered Shares is in property, services or other non-cash consideration, the Company may, at its option, pay the cash value equivalent thereof, as determined in good faith by the Board of Directors and set forth in the Company Notice.
Company Right to Purchase. For 30 days following its receipt of such Transfer Notice, the Company shall have the option to purchase all or part of the Offered Units at the price and upon the terms set forth in the Transfer Notice. In the event the Company elects to purchase all or part of the Offered Units, it shall give written notice of such election to the Participant within such 30-day period. If the Units are evidenced by certificates, within 10 days after his or her receipt of such notice, the Participant shall tender to the Company at its principal offices the certificate or certificates representing the Offered Units to be purchased by the Company, duly endorsed in blank by the Participant or with duly endorsed stock (or equivalent) powers attached thereto, all in a form suitable for transfer of the Offered Units to the Company. Promptly following receipt of such certificate or certificates, or if there are not certificates, within 10 days following the delivery of its notice to purchase the Offered Units, the Company shall deliver or mail to the Participant a check in payment of the purchase price for such Offered Units; provided that if the terms of payment set forth in the Transfer Notice were other than cash against delivery, the Company may pay for the Offered Units on the same terms and conditions as were set forth in the Transfer Notice; and provided further that any delay in making such payment shall not invalidate the Company’s exercise of its option to purchase the Offered Units.
Company Right to Purchase. For 90 days following its receipt of such Transfer Notice, the Company shall have the option to purchase the Offered Shares at the price and upon the terms set forth in the Transfer Notice. In the event the Company elects to purchase the Offered Shares, it shall give written notice of such election to the Participant within such 30-day period. Within 10 days after his receipt of such notice, the Participant shall tender to the Company at its principal offices the certificate or certificates representing the Offered Shares to be purchased by the Company, duly endorsed in blank by the Participant or with duly endorsed stock powers attached thereto, all in a form suitable for transfer of the Offered Shares to the Company. Promptly following receipt of such certificate or certificates, the Company shall deliver or mail to the Participant a check in payment of the purchase price for the Offered Shares; provided that if the terms of payment set forth in the Transfer Notice were other than cash against delivery, the Company may pay for the Offered Shares on the same terms and conditions as were set forth in the Transfer Notice; and provided further that any delay in making such payment shall not invalidate the Company’s exercise of its option to purchase the Offered Shares.
Company Right to Purchase. For 60 days following its receipt of such Transfer Notice, the Company shall have the option to repurchase (subject to applicable law) all or part of the Offered Shares at the price and upon the terms set forth in the Transfer Notice. In the event the Company elects to purchase all or part of the Offered Shares, it shall give written notice of such election to the Participant within such 60-day period. Within 10 days after its receipt of such notice, the Participant shall tender to the Company at its principal offices the certificate or certificates representing the Offered Shares to be purchased by the Company, duly endorsed in blank by the Participant or with duly endorsed stock/share powers attached thereto, all in a form suitable for transfer of the Offered Shares to the Company. Promptly following receipt of such certificate or certificates, the Company shall deliver or mail to the Participant a check in payment of the purchase price for such Offered Shares; provided that if the terms of payment set forth in the Transfer Notice were other than cash against delivery, the Company may pay for the Offered Shares on the same terms and conditions as were set forth in the Transfer Notice; and provided further that any delay in making such payment shall not invalidate the Company’s exercise of its option to purchase the Offered Shares.
Company Right to Purchase. Effective after the two year anniversary of the Closing, the Holder hereby grants to the Company the right to purchase this Warrant (in whole only and not in part) for cash (the "CALL OPTION") at a purchase price equal to $0.001 per share of Common Stock for which this Warrant is then exercisable (the "CALL PRICE"); provided, however, that the Call Option shall only be exercisable (i) if the VWAP of the Common Stock for twenty-five (25) consecutive Trading Days equals or exceeds 250% per share of the then-current Exercise Price and (ii) if a registration statement under the Securities Act is effective on the Call Date (as hereinafter defined) that registers the resale of the Warrant Shares. As used herein, "CALL DATE" means the Business Day fixed by the Company upon which this Warrant shall be called in accordance with this Section 11. As used herein, "VWAP" means, as determined by the first of the following clauses that applies: (i) if the Common Stock is listed on a Trading Market during a Trading Day, the daily volume weighted average price of the Common Stock for such Trading Day (or, if there be no such price on such Trading Day, the nearest preceding Trading Day) on the Trading Market on which the Common Stock is then listed, as reported by Bloomberg Financial L.P. using the VAP function; (ii) if the Common Stock is not then listed on a Trading Market, but is eligible for priced quotations on the OTC Bulletin Board (or, if there be no such priced quotation on such Trading Day, the nearest preceding Trading Day), as reported by Bloomberg Financial L.P. using the VAP function; (iii) if the Common Stock is not then eligible for priced quotations on the OTC Bulletin Board, but its prices are then reported in the "Pink Sheets" published by the Pink Sheets LLC (or a similar organization or agency succeeding to its functions of reporting prices), the most recent bid price per share of the Common Stock so reported; or (iv) in all other cases, the fair market value of a share of Common Stock as determined by a nationally recognized-independent appraiser selected in good faith by the Investors holding a majority of the then-outstanding Shares.
Company Right to Purchase. The Holder hereby grants to the Company the right to purchase this Warrant (in whole only and not in part) for cash (the "Call Option") at a purchase price equal to the product of $0.01 multiplied by the number of shares of Common Stock for which this Warrant is then exercisable (the "Call Price"); provided, however, that the Call Option shall only be exercisable (i) if the closing bid price of the Common Stock for ten (10) consecutive trading days exceeds two (2) times the then-effective Exercise Price and (ii) if a registration statement under the Securities Act is effective on the Call Date that registers all the Common Stock issuable upon the exercise of this Warrant (the "Registrable Stock"). The Company agrees (i) to prepare and file with the Commission such amendments and supplements to such registration statement and the prospectus used in connection therewith as may be necessary to keep such registration statement effective for a period of not less than one hundred twenty (120) days from the Call Date (or such lesser time as necessary to permit each seller of Registrable Stock to complete the distribution described in such registration statement) and (ii) to comply with the provisions of the Securities Act with respect to the disposition of all securities covered by such registration statement during such period in accordance with the intended methods of distribution by the sellers thereof set forth in such registration statement. In connection therewith, the Company will as expeditiously as possible;
Company Right to Purchase. If Buyer proposes to offer any Registrable Securities in an underwritten offering under a Shelf Registration statement filed by the Company pursuant to Section 2(a), Buyer shall give the Company prior written notice of the proposed offering, setting forth the number of Registrable Securities that Buyer proposes to offer, the expected timing of the proposed offering, and the expected gross selling price of such offering. The Company shall have the right, if it irrevocably so notifies Buyer within 10 Business Days after its receipt of Buyer's notice, to purchase all of the Registrable Securities that Buyer proposes to offer, at the gross selling price set forth in Buyer's notice to the Company. In the event the Company shall so notify Buyer, it shall effect such purchase within 10 Business Days.
Company Right to Purchase. Effective after the three year anniversary of the Effective Date, the Holder hereby grants to the Company the right to purchase this Warrant (in whole only and not in part) for cash (the “Call Option”) at a purchase price equal to $0.001 per
Company Right to Purchase. If the Original Stockholders do ------------------------- not purchase all of the Offered Shares in accordance with Section 3.3.2 above, the Company shall have the right to purchase that number of Offered Shares not so purchased by the Original Stockholders (the "Remaining Offered Shares") by delivering to the Transferring Stockholder written notice within five (5) business days after the expiration of the Stockholder Period (the "Company Period") stating the Company's election to purchase any number of the Remaining Offered Shares. Such notice shall be delivered by hand or mailed to such Transferring Stockholder in accordance with Section 5.4 hereof and shall, when taken in conjunction with the Offer Notice, be deemed to constitute a valid, legally binding and enforceable agreement for the sale and purchase of the Remaining Offered Shares.
