Common use of Method of Repurchase Clause in Contracts

Method of Repurchase. Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by Holder or Owner pursuant to this Section 9 by surrendering for this purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase Notice, Issuer shall deliver or cause to be delivered to Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, the portion that Issuer is not then prohibited under applicable law and regulation from so delivering in immediately available funds by a wire transfer to a bank account designated by grantee. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.

Appears in 8 contracts

Samples: Stock Option Agreement (American Stores Co /New/), Stock Option Agreement (American Stores Co /New/), Stock Option Agreement (Albertsons Inc /De/)

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Method of Repurchase. A Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by such Holder or Owner pursuant to this Section 9 by surrendering for this such purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four two business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase NoticeNotice relating thereto, Issuer shall deliver or cause to be delivered to the Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, the portion thereof that Issuer is not then prohibited under applicable law and regulation from so delivering in immediately available funds by a wire transfer to a bank account designated by granteedelivering. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.

Appears in 6 contracts

Samples: Stock Option Agreement (Southern New England Telecommunications Corp), Agreement and Plan of Merger (Southern New England Telephone Co), Agreement and Plan of Merger (SBC Communications Inc)

Method of Repurchase. Subject to the terms of Section 9(a), Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by Holder or Owner pursuant to this Section 9 by surrendering for this purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase Notice, Issuer shall deliver or cause to be delivered to Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, the portion that Issuer is not then prohibited under applicable law and regulation from so delivering delivering, in immediately available funds by a wire transfer to a bank account designated by granteeGrantee. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.

Appears in 4 contracts

Samples: Stock Option Agreement (Kroger Co), Stock Option Agreement (Fred Meyer Inc), Stock Option Agreement (Fred Meyer Inc)

Method of Repurchase. A Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by such Holder or Owner pursuant to this Section 9 by surrendering for this such purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four five business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase NoticeNotice relating thereto, Issuer shall deliver or cause to be delivered to the Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, the portion thereof that Issuer is not then prohibited under applicable law and regulation from so delivering in immediately available funds by a wire transfer to a bank account designated by granteedelivering. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.

Appears in 2 contracts

Samples: Stock Option Agreement (Republic Automotive Parts Inc), Agreement and Plan of Merger (Keystone Automotive Industries Inc)

Method of Repurchase. A Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by such Holder or Owner pursuant to this Section 9 by surrendering for this such purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four As promptly as practicable, and in any event within two business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase NoticeNotice relating thereto, Issuer shall deliver or cause to be delivered to the Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, Price. Any Holder shall have the portion right to require that Issuer is not then prohibited under applicable law and regulation from so delivering in the repurchase of Option Shares shall occur immediately available funds by a wire transfer to a bank account designated by granteeafter the exercise of all or part of the Option. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock Shares represented by that portion of the Option then being repurchased.

Appears in 2 contracts

Samples: Stock Option Agreement (Ing Groep Nv), Stock Option Agreement (Reliastar Financial Corp)

Method of Repurchase. A Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by such Holder or Owner pursuant to this Section 9 by surrendering for this such purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice9. As promptly as practicable, a "Repurchase Notice"). Within four and in any event within three business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase Noticerepurchase notice relating thereto, Issuer shall deliver or cause to be delivered to the Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price orsubject to receipt by Issuer of a certificate executed by the Holder containing representations and warranties that, in either caseimmediately prior to the repurchase thereof pursuant to this Section 9, the portion Holder had sole record and beneficial ownership of the Option or the Option Shares, or both, as the case may be, and that, other than pursuant to this Agreement, the Option or the Option Shares, or both, as the case may be, were held free and clear of all material liens. Any Holder shall have the right to require that Issuer is not then prohibited under applicable law and regulation from so delivering in the repurchase of Option Shares shall occur immediately available funds by a wire transfer to a bank account designated by granteeafter the exercise of all or part of the Option. In the event that the Repurchase Notice repurchase notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice repurchase notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.

Appears in 2 contracts

Samples: Stockholder Agreement (Premark International Inc), Stock Option Agreement (Premark International Inc)

Method of Repurchase. A Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by such Holder or Owner pursuant to this Section 9 by surrendering for this purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four two business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase Notice, Issuer shall deliver or cause to be delivered to the Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, the portion that Issuer is not then prohibited under applicable law and regulation from so delivering in immediately available funds by a wire transfer to a bank account designated by granteedelivering. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.

Appears in 2 contracts

Samples: Stock Option Agreement (Allied Waste Industries Inc), Stock Option Agreement (American Disposal Services Inc)

Method of Repurchase. A Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by such Holder or Owner pursuant to this Section 9 by surrendering for this such purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four As promptly as practicable, and in any event within two business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase NoticeNotice relating thereto, Issuer shall deliver or cause to be delivered to the Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, and/or the portion Option Price. Any Holder shall have the right to require that Issuer is not then prohibited under applicable law and regulation from so delivering in the repurchase of Shares shall occur immediately available funds by a wire transfer to a bank account designated by granteeafter the exercise of all or part of the Option. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock Shares purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock Shares represented by that portion of the Option then being repurchased.

Appears in 2 contracts

Samples: Stock Option Agreement (West Pointe Bancorp Inc), Stock Option Agreement (Commerce Bancshares Inc /Mo/)

Method of Repurchase. A Holder or Owner, as the case may be, may exercise its right to require Issuer Grantor to repurchase the Option, in whole or in part, and/or any Option Shares then owned by such Holder or Owner pursuant to this Section 9 by surrendering for this such purpose to IssuerGrantor, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or Owner elects to require Issuer Grantor to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four As promptly as practicable, and in any event within two business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase NoticeNotice relating thereto, Issuer Grantor shall deliver or cause to be delivered to the Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, Price. Any Holder shall have the portion right to require that Issuer is not then prohibited under applicable law and regulation from so delivering in the repurchase of Option Shares shall occur immediately available funds by a wire transfer to a bank account designated by granteeafter the exercise of all or part of the Option. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer Grantor shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.

Appears in 2 contracts

Samples: Stock Option Agreement (Capital Re Corp), Agreement and Plan of Merger (Capital Re Corp)

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Method of Repurchase. Holder or OwnerSubject to the terms of Section 9(a), as the case may be, -------------------- ------------ Grantee may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by Holder or Owner pursuant to this Section 9 by surrendering for this purpose to --------- Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that Holder or Owner Grantee elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a --------- "Repurchase Notice"). Within four business days after the surrender of the ----------------- Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase Notice, Issuer shall deliver or cause to be delivered to Holder or Owner of Option Shares, as the case may be, Grantee the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, or the portion that Issuer is not then prohibited under applicable law and regulation from so delivering delivering, in immediately available funds by a wire transfer to a bank account designated by granteeGrantee. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Agreement evidencing the right of the Holder Grantee to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.

Appears in 1 contract

Samples: Stock Option Agreement (Blue Wave Systems Inc)

Method of Repurchase. A Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by such Holder or Owner pursuant to this Section 9 by surrendering for this such purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four As promptly as practicable, and in any event within two business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase NoticeNotice relating thereto, Issuer shall deliver or cause to be delivered to the Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, Price. Any Holder shall have the portion right to require that Issuer is not then prohibited under applicable law and regulation from so delivering in the repurchase of Option Shares shall occur immediately available funds by a wire transfer to a bank account designated by granteeafter the exercise of all or part of the Option. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock Shares purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.the

Appears in 1 contract

Samples: C Stock Option Agreement (American International Group Inc)

Method of Repurchase. A Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by such Holder or Owner pursuant to this Section 9 by surrendering for this such purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four As promptly as practicable, and in any event within two business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase NoticeNotice relating thereto, Issuer shall deliver or cause to be delivered to the Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, Price. Any Holder shall have the portion right to require that Issuer is not then prohibited under applicable law and regulation from so delivering in the repurchase of Option Shares shall occur immediately available funds by a wire transfer to a bank account designated by granteeafter the exercise of all or part of the Option. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock Shares purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock Shares represented by that portion of the Option then being repurchased.

Appears in 1 contract

Samples: 2 Stock Option Agreement (HSB Group Inc)

Method of Repurchase. A Holder or Owner, as the case may be, may exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by such Holder or Owner pursuant to this Section 9 by surrendering for this such purpose to Issuer, at its principal office, this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that the Holder or Owner elects to require Issuer to repurchase the Option and/or such Option Shares in accordance with the provisions of this Section 9 (each such notice, a "Repurchase Notice"). Within four As promptly as practicable, and in any event within two business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase NoticeNotice relating thereto, Issuer shall deliver or cause to be delivered to the Holder or Owner of Option Shares, as the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, Price. Any Holder shall have the portion right to require that Issuer is not then prohibited under applicable law and regulation from so delivering in the repurchase of Option Shares shall occur immediately available funds by a wire transfer to a bank account designated by granteeafter the exercise of all or part of the Option. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.

Appears in 1 contract

Samples: Stock Option Agreement (Union Carbide Corp /New/)

Method of Repurchase. Holder or Owner, as the case Grantee may be, may from time to time exercise its right to require Issuer to repurchase the Option, in whole or in part, and/or any Option Shares then owned by Holder or Owner Grantee pursuant to this Section 9 6 by surrendering for this such purpose to Issuer, at its principal office, a copy of this Agreement or certificates for Option Shares, as applicable, accompanied by a written notice or notices stating that Holder or Owner Grantee elects to require Issuer to repurchase the this Option and/or such Option Shares in accordance with the provisions of this Section 9 6 (each such notice, a "Repurchase Notice"). Within four As promptly as practicable, and in any event within 2 business days after the surrender of the Agreement for the Option and/or certificates representing Option Shares and the receipt of the Repurchase NoticeNotice relating thereto, Issuer shall deliver or cause to be delivered to Holder or Owner of Option Shares, as Grantee the case may be, the applicable Option Repurchase Price and/or the Option Share Repurchase Price or, in either case, the portion thereof that Issuer is not then prohibited under applicable law and regulation from so delivering in immediately available funds by a wire transfer to a bank account designated by granteedelivering. In the event that the Repurchase Notice shall request the repurchase of the Option in part, Issuer shall deliver with the Option Repurchase Price a new Stock Option Agreement evidencing the right of the Holder Grantee to purchase that number of shares of Common Stock purchasable pursuant to the Option at the time of delivery of the Repurchase Notice minus the number of shares of Common Stock represented by that portion of the Option then being repurchased.

Appears in 1 contract

Samples: Stock Option Agreement (Allegheny Power System Inc)

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