MCS Shares definition
Examples of MCS Shares in a sentence
In the event NetIQ ------------------------------------------ exercises its rights under Section 6(a), the MCS will, within five (5) business days after NetIQ delivers notice pursuant to Section 6(a), pay the required amount to NetIQ in immediately available funds and NetIQ will surrender to the MCS the Option and the certificates evidencing the MCS Shares purchased by NetIQ pursuant thereto.
The MCS, upon the request of NetIQ, will ---------------------- promptly file an application to list the MCS Shares to be acquired upon exercise of the Option for quotation on the Nasdaq National Market and will use its best efforts to obtain approval of such listing as soon as practicable.
Promptly after the date hereof, each of the parties hereto will promptly file with the Federal Trade Commission and the Antitrust Division of the United States Department of Justice all required premerger notification and report forms and other documents and exhibits required to be filed under the HSR Act to permit the acquisition of the MCS Shares subject to the Option at the earliest possible date.
At any Closing, (A) the MCS will deliver to NetIQ a single ------- certificate in definitive form representing the number of MCS Shares designated by NetIQ in its Exercise Notice, such certificate to be registered in the name of NetIQ and to bear the legend set forth in Section 9 hereof, against delivery of (B) payment by NetIQ to the MCS of the aggregate purchase price for the MCS Shares so designated and being purchased by delivery of a certified check or bank check.
MCS hereby grants to NetIQ an irrevocable option (the --------------- "Option") to acquire up to 3,416,052 MCS Shares (the "Option Shares"), in the manner set forth below by paying cash at a price of $69,1855 per share (the "Exercise Price").