Examples of Put Right Exercise Notice in a sentence
Any Put Right Exercise Notice given prior to the commencement of the applicable Put Right Exercise Period shall be deemed given on the first day of the Put Right Exercise Period.
Within ten (10) business days after a Put Right Exercise Notice is given or deemed given to the Company, the Company shall deliver to [***] a Valuation Certification for the Market Value of the Warrant Shares as of the date the Put Right Notice is given or deemed given.
The Company and Purchaser, within thirty (30) days after the date of the Put Right Exercise Notice or the Call Right Exercise Notice (the “Selection Deadline”), shall each select a nationally recognized appraisal firm (a “Qualified Firm”) and give written notice to the other party of such selection.
If Executive chooses to exercise the Put Right, the Executive must sign the Put Right Exercise Notice, in the form attached hereto as Exhibit A (the “Exercise Notice”) and timely deliver a completed Exercise Notice to the General Counsel of the Company (or its successor) in accordance with Section 8 hereof.
The closing of the Put Right transaction shall occur at a mutually agreed upon time during the thirty (30) day period (or in the event of a termination of the Put Right pursuant to Section 4(e)(ii) hereof, the sixty (60) day period) following the date the Put Right Exercise Notice is given or deemed given to the Company.
The Put Right shall be exercisable by [***] at the Market Value of the Warrant Shares as of the date the Put Right Exercise Notice is given or deemed given in accordance with Section 4(c) hereof (the “Put Right Purchase Price”).
The closing of the exercised Put Right transaction shall occur not later than the later of (i) thirty (30) days after the Company’s receipt of the Put Right Exercise Notice and (ii) except in connection with a Put Right transaction that will result in a Change in Control for which no determination of Fair Market Value with respect to any Put Right Security is being made, fifteen (15) days after determination of the Fair Market Value.
If the Company does not send the Put Right Existence Notice to the Chay Control Shareholders as described in Section 3 above, then in that event the Chay Control Shareholders shall have 60 calendar days commencing the first business day following the Determination Date to provide the Company with a Put Right Exercise Notice.
For these purposes the Board of Directors of DMI shall make and shall be deemed to have made all reasonable findings of fact, consistent with their fiduciary obligations, in support and in favor of making funds available for purchase of the Put Shares covered by a Put Right Exercise Notice under the Delaware General Corporation Law.
Any Put Right Exercise Notice given prior to the commencement of the Put Right Exercise Period shall be deemed given on the first day of the Put Right Exercise [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission.