Repricing Rights definition

Repricing Rights shall have the meaning set forth in the Purchase Agreement.
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Repricing Rights. (determined on an as exercised into Common Stock basis at the time of such determination) held by holders or former holders of the Initial Common Shares then outstanding, including by merger or consolidation. A Buyer may not assign some or all of its rights hereunder without the consent of the Company; provided, however, that a Buyer may assign some on all of its rights hereunder to an affiliate or a fund under its common management, but any such assignment shall not release such Buyer from its obligations hereunder unless such obligations are assumed by such assignee and the Company has consented to such assignment and assumption.
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Examples of Repricing Rights in a sentence

  • The Company shall not issue any fraction of a share of Common Stock upon any exercise of Repricing Rights.

  • In the event that the Company elects to pay the cash value of the Repricing Rights in excess of $50,000, the Company shall have 14 calendar days to make such payment.

  • If the Company defaults, the Buyer will be permitted to continue exercising its Repricing Rights subject to the limit set forth in Section 1(a).

  • The Repricing Rights will expire in their entirety 14 months after the effectiveness of the Registration Statement.

  • Upon every adjustment of the number of shares of Common Stock purchased by the Buyer and the number of Repricing Rights, the Company shall give written notice thereof to the Buyer, which notice shall state the increase or decrease, if any, in the number of shares of Common Stock purchased by the Buyer and the number of Repricing Rights, setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based.

  • The Company may also elect to notify the Buyer within 7 business days advance notice that any future exercise of Repricing Rights shall be redeemed for cash in lieu of issuing additional shares.

  • The holder shall have the sole authority and obligation to determine whether the restriction contained in this Section applies and to the extent that the holder determines that the limitation contained in this Section applies, the determination of which Repricing Rights are exercisable shall be in the sole discretion of the holder.

  • The Repricing Rights entitle the Buyer to acquire additional shares (the "Additional Shares") of Common Stock (or its cash equivalent) for each share sold on the date of the Exercise Notice (in the form annexed hereto as Exhibit A), equal to the number of Repricing Rights exercised multiplied by a fraction, the numerator of which is the difference between the Repricing Price and the Market Price (as defined herein) and the denominator of which is the Market Price.

  • Upon receipt of the written notice from the Investor, the Company shall within 10 business days make a cash payment to Investor equal to the market value of Investor's then outstanding Repricing Rights and Common Stock as of the date that written notice is received by the Company.

  • Upon receipt of the written notice from the Buyer, the Company shall within 10 business days make a cash payment to Buyer equal to the cash value of Buyer's then outstanding Repricing Rights and Shares as of the date that written notice is received by the Company.