Buy-Back Right. (a) If Lender fails to pay any Installment of its Additional Capital Contributions under the First Amendment to the JV Agreement or fails to release any Installment of the Loan of any of the Facilities in accordance with this Agreement, and if such failure to pay continues for a period of 30 days, then Borrower may give a Notice in writing to Lender (hereinafter referred to as “Notice of Breach") If the failure continues for a further 30 days after receipt of such Notice, Borrower shall be entitled to buy back the 8% of the total capital of the Company at the purchase price of EUR 9,600,000.00, which is equilent equal to the Fixed Componenet of the Purchase Price paid to Borrower by Lender under the STA, (hereinafter referred to as the: “Buy Back Payment”).
Buy-Back Right. Arbor has the right at any time during the term of this Agreement to buy back (the "Buy-Back Right"), upon 12 months advance written notice, all rights to use and distribute the Technical Information granted hereunder, and all rights, title and interest in and to the ShowCase AS/400 Port (except for a non-exclusive, non-transferable, royalty bearing, worldwide license to distribute the ShowCase AS/400 Port, which shall be retained by ShowCase subject to the terms of this Agreement), and all items (including software and documentation) in which the Technical Information resides, or for which the Technical Information is or was used, including, without limitation to, all algorithms, ideas, structure, organization, source code and executables, and compilers incorporated into the ShowCase AS/400 Port by ShowCase. Exercise of the Buy-Back Right will not, by itself, affect the right of an authorized end user of the ShowCase AS/400 Port to exercise the rights properly granted such end user by ShowCase. The terms of the buy-back shall be as follows:
Buy-Back Right. In the event that Purchaser defaults in its obligations under Section 4(B) of this Fourth Amendment, Seller may elect in lieu of pursuing its rights under the MHI Guaranty to repurchase the Hotel Unit, the Personal Property and the Rental Agreements (the “Buy Back Right”) for a purchase price of Six Hundred Thousand and No/100 Dollars ($600,000.00) (the “Buy Back Purchase Price”). The closing with respect to the Buy Back Right (the “Buy Back Option Closing”) shall occur within thirty (30) days after Seller exercises the Buy Back Right by written notice to Purchaser. Purchaser, and its affiliates, as appropriate, shall convey the Hotel Unit, the Personal Property and the Rental Agreements free and clear of all liens and encumbrances, subject only to the Permitted Exceptions and such other exceptions to title arising by, through, or under Seller. The Buy Back Purchase Price shall be paid in cash at Closing, subject to customary adjustments and prorations and the payment of customary closing costs. Purchaser shall convey the Hotel Unit by special warranty deed, convey the Personal Property by xxxx of sale and execute and deliver customary Seller’s affidavit of no liens and FIRPTA affidavit. Purchaser, or its affiliates, as appropriate, and Seller shall execute an assignment and assumption of Rental Agreements and the service contracts as the Seller elects to assume. At the Closing, Seller shall return the MHI Guaranty marked cancelled and Purchaser shall be released from any liabilities to Seller for failing to comply with the provisions of Section 4(B) of this Fourth Amendment. This provision shall survive the Closing and be reflected in the special warranty deed to be delivered by Seller at Closing.
Buy-Back Right. In the event that Consultant fails meet the Milestones in accordance with Addendum A, the Company shall have the right to purchase from Consultant such Shares set forth in each unmet Milestone, at a purchase price of $.001 per Share. In the event that Contractor quits or is terminated for cause, the Company shall have the right to purchase from Consultant all Shares provided herein, at a purchase price of $.001 per Share.
Buy-Back Right. In the event that Contractor fails meet the Milestones in accordance with Addendum A, the Company shall have the right to purchase from Contractor such Shares set forth in each unmet Milestone, at a purchase price of $.001 per Share. In the event that Contractor quits or is terminated for cause prior to meeting the milestones set forth in Addendum A, the Company shall have the right to purchase from Contractor all Shares provided herein, at a purchase price of $.001 per Share.
Buy-Back Right. The Grantor may purchase at any time from the Holder half of the total NSR Royalty (0.5%) (the “Buy-Back Right”) by providing notice in writing to the Holder (the “Buy Back Notice”) and paying $1,000,000 to the Holder (the “Buy-Back Consideration”). Upon receipt by the Holder of both the Buy-Back Notice and the Buy-Back Consideration, the Royalty Percentage will be reduced to 0.5% from the date of the receipt of the Buy-Back Consideration.
Buy-Back Right. Xxxxxx shall have a call right exercisable at any time for any reason, to buy-back all of the Battleship assets (as defined in the Agreement, together with all improvements, enhancements, accounts, deposits, production allocations, revenue rights, and all ancillary and derivative rights thereof, collectively, the "Assets") from the subsidiary of Pacificap holding such Battleship assets, at a buy-back price equal to the Pacificap cash payments made to the Battleship VFX bank account (the "Buy Back Price") without giving effect to any portion of such purchase price which may have been paid to Xxxxxx (i) in the stock of Pacificap; and (ii) any portion of which was allocated to Xxxxxx as employment compensation. If Xxxxxx has been terminated for "Cause" as defined in the Agreement the Buy-Back Right will also terminate. 6.
Buy-Back Right. In the event of any failure of NMFS to make any payment due to Repurchaser in accordance with Section 3.8 or Section 3.9 of the Employment Agreement and the failure by NMFS to cure such nonpayment within thirty (30) days after receipt of written notice thereof (the "Event of Default"), then Repurchaser shall have the right repurchase from NMFS all of the assets of Shoreline and of the Accounting Business acquired by NMFS pursuant to the Asset Purchase Agreements, subject to the procedures set forth in Section 3 hereof.
Buy-Back Right. In the event of any failure of NMFS to make any payment due pursuant to the NMFS Note (the "Event of Default") and the failure by NMFS to cure such Event of Default within ten (10) days after receipt of written notice thereof, then Repurchaser shall have the right (which right may be exercised at any time within thirty (30) thereafter): (i) to repurchase from NMFS all of the assets of Repurchaser acquired by NMFS pursuant to the Asset Purchase Agreement, and (ii) to purchase from NMFS all of the assets acquired by NMFS subsequent to the date hereof to replace any assets described in preceding clause (i) for use at 0000 X.X. 00xx Xxxxxx, Xxxxx 000, Xxxxx, XX 00000 (the assets described in the preceding clauses (i) and (ii) being hereinafter referred to collectively as the "Assets").
Buy-Back Right. The amount of Tax Expenses which Tenant is not obligated to pay or will not be obligated to pay during the first three (3) years of the New Expansion Term SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.]
