Examples of Participant Interests in a sentence
Upon the date hereof (the “Grant Date”), the Company shall grant to Optionee, and Optionee shall accept, Options to purchase from the Company the Participant Interests.
The Options and the Participant Interests shall be subject to the restrictions on Transfer set forth in the Operating Agreement and the repurchase rights set forth in Section 6.
In the event of a reorganization, recapitalization, Interest dividend or Interest split, or combination or other change in the Interest, the Operating Board may, in order to prevent the dilution or enlargement of rights under outstanding Options, make such adjustments in the number and type of Participant Interests authorized hereunder and the Exercise Price specified herein as may be determined to be appropriate and equitable.
Except as otherwise provided herein, this Agreement shall bind and inure to the benefit of and be enforceable by Optionee, the Company, and their respective successors and assigns (including subsequent holders of Participant Interests); provided that the rights and obligations of Optionee under this Agreement shall not be assignable except in connection with a permitted transfer of Participant Interests under the Operating Agreement.
By: Name: Title: A HOLDERS [Signatures] EXHIBIT A Binding Term Sheet Agreement for Purchase by Atlas of FINOVA’s Owner Participant Interests in B747-400F Aircraft N491 and N493 THIS BINDING TERM SHEET AGREEMENT (“Agreement”) is made and entered into this 30th day of January, 2004 by and between Atlas Air, Inc., a Delaware corporation (“Atlas” or the “Company”), and FINOVA Capital Corporation (“FINOVA”).
If this Plan is terminated, amounts theretofore credited to Participants’ Participant Interests shall either be paid in a lump sum immediately, or distributed in some other manner consistent with this Plan, as determined by the Plan Administrator in its sole discretion.
Whether or not the purchase and sale of the Owner Participant Interests is consummated and except as otherwise provided for herein, TPC shall bear its expenses and Seller shall bear its expenses relating to or arising out of this Agreement, including, but not limited to, fees for attorneys, accountants and other advisors.
Participant shall have the option, exercisable by so notifying Gastar on or before the 30th day after the giving of such notice by Gastar, to require Gastar to also sell to such prospective purchaser a pro rata portion of the Participant Interests upon the same terms and conditions as are applicable to the sale of the Gastar Interests.
If Purchaser exercises the Purchase Right and purchases the Owner Participant Interests, the Designation Right Consideration shall not be applied to the Purchase Price.
The consummation of the sale of the Owner Participant Interests by Seller at the Closing shall not violate any applicable Law, except for violations which would not reasonably be expected to have a material adverse effect on the business, assets, results of operation or financial condition of Seller.