Examples of Liquidation FMV in a sentence
If the Incentive Unit is not vested on or prior to the Liquidity Event or the Liquidation FMV of the underlying Class A Units does not exceed the Exercise Price of the Option on the date of the Liquidity Event, the Administrator may cancel such Incentive Units on the date of the Liquidity Event (other than in connection with an Initial Public Offering) without any payment of consideration therefor.
In no event may the Exercise Price or Profits Interest Threshold of an Incentive Unit be less than the Liquidation FMV of the underlying Units as of the date of grant of the Incentive Unit.
Employee’s Option Agreement is hereby amended to provide that the maximum number of Class A Units that Employee can purchase under the Option Agreement shall be capped at that number of Class A Units whose Liquidation FMV equals the number of Class A Units with respect to which the Option is vested multiplied by the Profits Interest Threshold of $76.00 per Incentive Unit.
The Company or its assignee shall have the option to repurchase the Class A Units from Employee or Employee’s successor on Employee’s death, as the case may be, at their then fair market value which is equal to the Liquidation FMV of the Class A Units as defined by the Equity Incentive Plan.
The purpose of this adjustment is to cap the economic value of the Option to the amount that equals the Liquidation FMV of the underlying Class A Units at the time of this Amendment over the Exercise Price of the Option before the adjustment described in this Section 3.
As soon as the Liquidation FMV and the proper amounts of Distributions have been determined in accordance with Section 12.02(b), the liquidators shall promptly distribute the Company’s Liquidation Assets to the holders of Units in accordance with Section 4.01.
The Liquidation FMV shall be payable, at the option of the Company or its assignee, by check or wire transfer.
In no event may the Exercise Price or Profits Interest Threshold of an Incentive Unit be less than the Liquidation FMV of the underlying Units as of the date of grant of the Incentive Unit, except as otherwise set forth in Section 8(e) below.
The exercise price for the Option Units per Class A Unit (the “Exercise Price”) will be equal to $[___________], which is equal to the Liquidation FMV, as defined below, of a Class A Unit on the Grant Date.