Notice of Intent to Exercise. Equity Appreciation Rights shall vest (“Vest”) subject to the terms of this Section and those of Section 4 below. Notwithstanding anything contained herein, the Administrator shall have the ability to (i) amend and modify existing Hurdle Amounts to effectuate the intent of Section 3(d) of this Agreement and Sections 5.6, 6.3 and 6.4 of the Plan, and within the limits set forth in such sections and (ii) establish new Hurdle Amounts (as defined below). At any time within any Window Period after the date on which an Equity Appreciation Right is Vested pursuant to the terms of this Award Agreement (and before the Equity Appreciation Right expires or is forfeited), the Participant may irrevocably offer to have the Parent (or Division) exchange Vested Equity Appreciation Rights (such vested Equity Appreciation Rights offered shall be referred to as the “Exercised Rights”) for Share Equivalency Units to subsequently be redeemed for payment, pursuant to the terms and conditions of Sections 5.1 and 3 of the Plan. The Participant shall make an offer to have the Exercised Rights exchanged and redeemed only by delivering an Exercise Notice (substantially in the form attached as Exhibit A) (or other notification consistent with the Parent’s procedures in connection with an Electronic Exercise, as the case may be) to the Parent, and therein setting forth the Vested Equity Appreciation Rights offered to the Parent for exchange and redemption. Within fourteen (14) calendar days of the Parent’s receipt of the Participant’s Exercise Notice, the Parent will provide the Participant with a written notice, indicating the number of Share Equivalency Units that Participant is entitled to as a result of the Exercise Notice (the “Share Equivalency Unit Notice”) in accordance with Article V of the Plan. The Base Value for purposes of calculating the Appreciation Value of the Equity Appreciation Rights under this Award Agreement shall be $0.17.
Notice of Intent to Exercise. REP must deliver to the SMP Parties written notice by REP of its intent to exercise Option I. The notice must be signed by REP and delivered to the SMP Parties no later than three (3) Business Days prior to the earlier of (i) the Closing Date, and (ii) expiration of the Option I Exercise Period. The notice must specify a Closing Date that is prior to expiration of the Option I Exercise Period. Delivery of such notice is a pre-condition to exercise of Option I.
Notice of Intent to Exercise. Until such time as the Option and the Shares to be acquired pursuant to the exercise of the Option are registered on a Form S-8 Registration Statement or any successor form thereto (or are otherwise registered pursuant to the Securities Act), no less than ten (10) business days prior to the date the Optionee, or other person then entitled to exercise, intends to exercise the Options or any portion thereof, the Optionee, or such other person, shall provide the Company notice in writing stating such intent.
Notice of Intent to Exercise. RER must deliver to the SMP Parties written notice by RER of its intent to exercise Extension Option Two. The notice must be signed by RER and delivered to the SMP Parties.
Notice of Intent to Exercise. In accordance with the Option Agreement and pursuant to certain terms and conditions, BUYER is entitled to purchase the Mineral Rights on an all or none basis for; (i) $400,000 as a cash down payment; (ii) quarterly installment payments consisting of a principle payment in the amount of Thirty Thousand ($30,000) Dollars for Eight (8) consecutive years or thirty two (32) quarters, beginning ninety (90) days after the exercise of the Option Agreement and interest combined with the principle on a quarterly installment payments will be calculated on the unpaid principle balance at a rate equal to five (5%) percent per annum and a balloon payment in the amount of Two Hundred Eighty Nine Thousand ($289,000) due at the end of the Thirty Two (32) quarterly payments; or (iii) pursuant to the accelerated payment provision as defined in Option Agreement, whichever shall occur first. BUYER and SELLER agree that in the event commercial xxxxx are drilled on the property covering the said mineral rights and if Thirty Five (35%) of the revenue attributed to the undivided Fifty Percent (50%) of the mineral rights ownership exceeds Thirty Thousand ($30,000) per quarter, the BUYER will pay this amount to the SELLER, which will apply to the principle due SELLER from BUYER. BUYER shall promptly provide notice to the Escrow Agent and to SELLER informing them of its intent to purchase the Mineral Rights. Within five (5) business days after the issuance of the Notice of Intent to Exercise (Exhibit “B”), BUYER or its assign will transfer Four Hundred Thousand ($400,000) Dollars to the trust account of the Escrow Agent for the benefit of SELLER. The Mineral Deed will continue to be held by the Escrow Agent until such time as full payment in the amount of One Million Six Hundred Forty Nine Thousand ($1,649,000) in principal payments have been made by the BUYER to the SELLER, excluding all interest payments. Within five (5) business days after receipt of the principal amount of $1,649,000 and all interest due the SELLER, the Escrow Agent will deliver an executed and notarize Mineral Deed to the BUYER. BUYER and SELLER agree that the One Million Six Hundred Forty Nine Thousand ($1,649,000) purchase price is predicated on the SELLER conveying Eight Hundred Twenty Four and One Half (824.5) net mineral acres at Two Thousand ($2,000) dollars on a net mineral per acre basis and in the event it is determined pursuant to a comprehensive mineral title search that the net acres owned by the SE...
Notice of Intent to Exercise. Notwithstanding any other provision of this Agreement, the Company may, from time to time, require up to 30 days notice of the Contractor's intent to exercise all or a portion of the Options in order for the Company to comply with any applicable securities laws. The Company shall not be liable for any adverse change in the market value of the Common Stock during any such notice period.
Notice of Intent to Exercise. Seniority
Notice of Intent to Exercise. In order to exercise the Purchase Option, Xxxxxx Energy must prior to the Option Termination Date deliver the following to BPI (i) written notice of its intent to exercise the Purchase Option; (ii) the Rig Equipment Purchase Agreement duly executed by Xxxxxx Energy; and (iii) the Xxxx of Sale duly executed by Xxxxxx Energy . The notice must specify an Option Closing Date that is prior to the Option Termination Date. Delivery of each of the above instruments is a pre-condition to exercise of the Purchase Option.
Notice of Intent to Exercise. Prior to exercising this Option or any portion thereof, Optionee shall notify the Company that the Optionee is considering exercising the Option, and the Company shall provide Optionee with copies of information regarding the Company for evaluating the investment in the Shares. If any of the information to be so disclosed is confidential, the Company shall first require Optionee to execute a confidentiality or trade secret agreement in form acceptable to the Company. In addition, the Company will provide to Optionee such other non-confidential information regarding the Company which Optionee shall reasonably request for evaluating the investment in the Shares.
Notice of Intent to Exercise. Prior to delivering a Conversion Component Exercise Notice or a Sale Component Exercise Notice to the General Partner under the Rights Agreement, the Bucksbaum Limited Partners shall deliver written notice (the “Intent Notice”) to the Management Limited Partner of the intent to exercise Rights, which Intent Notice shall specify the names of the Bucksbaum Limited Partners desiring to exercise Rights, the number of Units which such Bucksbaum Limited Partners desire to tender and the date on which exercise of Rights shall occur (the “Specified Exercise Date”).
