Examples of First Exercise Price in a sentence
No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the First Exercise Price or Second Exercise Price, as applicable, then in effect.
The Members and the Company shall take all steps necessary to distribute the Distributable First Exercise Price as soon as practicable after the First Exercise Price has been received by the Company.
The First Exercise Price or the Second Exercise Price (as the case may be) shall be calculated in accordance with Section 9.06(e) and in accordance with the valuation procedures set forth in Exhibit C.
The amount of the First Exercise Price which the Members shall be entitled to (“Distributable First Exercise Price”) will be the balance (if any) following utilization thereof for any costs incurred directly as a result of the sale and purchase and which are the responsibility of the Company (or its Subsidiary), including internal de-mobilization or incremental, unplanned severance costs and any transaction costs.
In the event that the Right Holder exercises the Third Party Business Put Right, each Member shall be entitled to receive a distribution equal to the First Exercise Price received by the Company on completion of the sale and purchase contemplated by the Notice of Exercise in proportion to their Percentage Interests as of the date the First Exercise Price is received by the Company.
Within sixty (60) days of the date on which the First Exercise Price or the Second Exercise Price (as the case may be) is determined in accordance with Section 9.06(e), ETR (or its Permitted Transferee) (the “Right Holder”) may (but is not required to) exercise the Third Party Business Put Right or the JV Put Right (as the case may be) by giving written notice to that effect to Enexus (or its Permitted Transferee) (the “Purchaser”) and the Company (“Notice of Exercise”).
At any time within ninety (90) days of the date of the occurrence of the Exercise Event, ETR (or its Permitted Transferee) may notify the Company and Enexus (or its Permitted Transferee) in writing setting out the Exercise Event and stating that it requires that the First Exercise Price or the Second Exercise Price (as the case may be) be determined (“Appraisal Notice”), the Members agreeing that either Exercise Price is a price reflecting fair market value.
The First Exercise Price shall be based on ------------------------ the audited Revenues as set out in the Consolidated Accounts for the financial year ended 31st December 1997.
The First Exercise Price or the Second Exercise Price (as the case may be) shall be payable by Enexus by wire transfer in immediately available funds and shall not be subject to financing.
The Distributable First Exercise Price must be distributed to the Members as soon as practicable after the First Exercise Price has been received and the Distributable First Exercise Price determined by the Board, in accordance with Section 7.03.