Exercisability Date. This Warrant will become exercisable following the date on which the Company’s Equity Value (as defined herein) reaches $525 million (the “Equity Hurdle”), as determined pursuant to Section 2(a)(ii) hereof. In addition, this Warrant will automatically become exercisable immediately upon the consummation of a Fundamental Transaction (as defined herein), if an Equity Hurdle has been achieved; provided that upon consummation of such Fundamental Transaction, this Warrant shall no longer be subject to any further adjustment provided in Section 3(h) and such Section 3(h) will cease to have any further effect on this Warrant. The Company shall, promptly following achievement of the Equity Hurdle or completion of a Fundamental Transaction, as applicable, and in any event no later than ten (10) Business Days following the event triggering exercisability, cause notice to be given to the Holder that this Warrant has become exercisable. In lieu of such notice, the Company may provide public notice regarding the exercisability of this Warrant by furnishing a Form 6-K to the SEC (if applicable) or publishing a press release. The date of such Equity Hurdle being achieved or completion of such Fundamental Transaction causing this Warrant to become exercisable is the “Exercisability Date.”
Exercisability Date. Prior to an Initial Public Offering, the Options ------------------- shall be exercisable during the month of April beginning on April 1, 1999 (the "Exercisability Date") and during every month of July, October, January, and April thereafter, or at such additional times after the Exercisability Date and prior to an Initial Public Offering as determined by the Company in its sole and absolute discretion. Prior to an Initial Public Offering and notwithstanding the foregoing, if an investment bank is performing, or has performed, substantial services for the Company to examine, investigate, and analyze the possibility, feasibility, or viability of an Initial Public Offering within six (6) months of a month during which the Options would otherwise become exercisable pursuant to this Section 4(a), the Chairman of the Board may, in his sole and absolute discretion, make a reasonable determination that such Options shall not be exercisable for such month and may designate some other month (including the following month of January, April, July, or October, as appropriate) for the exercise of the Options; provided, however, the Chairman of the Board may not designate some other month for the exercise of the Options pursuant to this Section 4(a) any later than the month of April beginning on April 1, 2001.
Exercisability Date. 9, A-5 Exercise Price........................................... 10, A-2 Exercise Rate............................................ 13
Exercisability Date. This Warrant will become exercisable following the date on which the Company’s Equity Value (as defined herein) reaches $1.5 billion (the “Equity Hurdle”), as determined pursuant to Section 2(a)(ii) hereof. In addition, this Warrant will automatically become exercisable immediately upon the consummation of a Fundamental Transaction (as defined herein), if an Equity Hurdle has been achieved. The Company shall, promptly following achievement of the Equity Hurdle or completion of a Fundamental Transaction, as applicable, and in any event no later than ten (10) Business Days following the event triggering exercisability, cause notice to be given to the Holder that this Warrant has become exercisable. In lieu of such notice, the Company may provide public notice regarding the exercisability of this Warrant by furnishing a Form 6-K to the SEC (if applicable) or publishing a press release. The date of such Equity Hurdle being achieved or completion of such Fundamental Transaction causing this Warrant to become exercisable is the “Exercisability Date.”
Exercisability Date. For purposes of this Warrant, “Exercisability Date” means any date on or after July 31, 2009, or such earlier date as the Board of Directors of the Company may notify the Holder in writing.
Exercisability Date. Prior to an Initial Public Offering, the Options shall be exercisable during the month of April beginning on ___________ (the "Exercisability Date") and during every month of July, October, January and April thereafter, or at such other times after the Exercisability Date and prior to an Initial Public Offering as determined by the Company in its sole and absolute discretion. Prior to an Initial Public Offering and notwithstanding the foregoing, if an investment bank is performing, or has performed, substantial services for the Company to examine, investigate, and analyze the possibility, feasibility, or viability of an Initial Public Offering within six (6) months of a month during which the Options would otherwise
