Common use of Payment of Repurchase Price Clause in Contracts

Payment of Repurchase Price. The Parent shall pay the Executive the Repurchase Price pursuant to any of the following methods: (A) cash payment; (B) Cash Equivalents, as defined herein; (C) restricted shares of Common Stock which shall be subject to a three year annual vesting schedule commencing on the closing date of the Parent's exercise of its Repurchase Right and where one-third portion of the restricted stock shall be fully vested on the repurchase closing date and the balance of the shares shall become fully vested in equal installments of 33-1/3% each, on the first and second anniversaries of the closing date; or (D) any combination of any of the foregoing methods. For purposes of this Section 6(f), the term "Cash Equivalent" shall mean any of the following: (i) securities issued or directly and fully guaranteed or insured by the United States of America ("U.S.") or any agency or instrumentality thereof provided the full faith and credit of the U.S. is pledged in support thereof; (ii) certificates of deposit of any commercial bank in the U.S. having capital and surplus in an aggregate amount of not less than $500,000,000 (hereinafter, an "Approved Bank") and with maturities of not more than twelve months from the date of acquisition; (iii) U.S. Dollar denominated commercial paper issued by an Approved Bank with maturities of not more than twelve months after the date of acquisition; and (iv) investments in money market funds substantially all the assets of which are comprised of securities of the types described in (i) through (iii) herein.

Appears in 2 contracts

Samples: Executive Employment Agreement (Superior Telecom Inc), Executive Employment Agreement (Superior Telecom Inc)

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Payment of Repurchase Price. The Parent shall pay the Executive the Repurchase Price pursuant to any of the following methods: (A) cash payment; (B) Cash Equivalents, as defined herein; (C) restricted shares of Common Stock which shall be subject to a three year annual vesting schedule commencing on the closing date of the Parent's exercise of its Repurchase Right and where one-third portion of the restricted stock shall be fully vested on the repurchase closing date and the balance of the shares shall become fully vested in equal installments of 33-1/3% each, on the first and second anniversaries of the closing date; or (D) any combination of any of the foregoing methods. For purposes of this Section 6(f), the term "Cash Equivalent" shall mean any of the following: (i) securities issued or directly and fully guaranteed or insured by the United States of America ("U.S.") or any agency or instrumentality thereof provided the full faith and credit of the U.S. is pledged in support thereof; (ii) certificates of deposit of any commercial bank in the U.S. having capital and surplus in an aggregate amount of not less than $500,000,000 (hereinafter, an "Approved Bank") and with maturities of not more than twelve months from the date of acquisition; (iii) U.S. Dollar denominated commercial paper issued by an Approved Bank with maturities of not more than twelve months after the date of acquisition; and (iv) investments in money market funds substantially all the assets of which are comprised of securities of the types described in (i) through (iii) herein.of

Appears in 1 contract

Samples: Executive Employment Agreement (Superior Telecom Inc)

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Payment of Repurchase Price. The Parent shall pay the Executive the Repurchase Price pursuant to any of the following methods: (A) cash payment; (B) Cash Equivalents, as defined herein; (C) restricted shares of Common Stock which shall be subject to a three year annual vesting schedule commencing on the closing date of the Parent's ’s exercise of its Repurchase Right and where one-third portion of the restricted stock shall be fully vested on the repurchase closing date and the balance of the shares shall become fully vested in equal installments of 33-1/3% each, on the first and second anniversaries of the closing date; or (D) any combination of any of the foregoing methods. For purposes of this Section 6(f), the term "Cash Equivalent" shall mean any of the following: (i) securities issued or directly and fully guaranteed or insured by the United States of America ("U.S.") or any agency or instrumentality thereof provided the full faith and credit of the U.S. is pledged in support thereof; (ii) certificates of deposit of any commercial bank in the U.S. having capital and surplus in an aggregate amount of not less than $500,000,000 (hereinafter, an "Approved Bank") and with maturities of not more than twelve months from the date of acquisition; (iii) U.S. Dollar denominated commercial paper issued by an Approved Bank with maturities of not more than twelve months after the date of acquisition; and (iv) investments in money market funds substantially all the assets of which are comprised of securities of the types described in (i) through (iii) herein.

Appears in 1 contract

Samples: Executive Employment Agreement (Superior Telecom Inc)

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