Common use of Permitted Consideration Clause in Contracts

Permitted Consideration. The purchase price of any Shares purchased upon exercise of an A&M Option shall be paid in full at the time of each purchase in one or a combination of the following methods: (i) in cash or by electronic funds transfer; (ii) by check payable to the order of the Company; (iii) by notice and third party payment in such manner as may be permitted by the Board of Directors, or the Compensation Committee of the Board of Directors, of the Company (the "Committee"); (iv) in the event A&M shall exercise any A&M Options and sell the Shares acquired upon such exercise to the Company in connection with the occurrence of any of the events described in Sections 7 and 8 of the Management Services Agreement and with the prior written consent of the Company, by a "cashless exercise" whereby A&M shall pay the applicable exercise price with the proceeds of such sale; or (v) by the delivery of Shares already owned by the Optionee (other than shares subject to the Pledge Agreement); provided, however, that the Committee may in its absolute discretion limit or deny the Optionee's ability to exercise any A&M Option by the means set forth in clauses (iii), (iv) or (v) above. Any Shares that the Committee permits to be used to satisfy the exercise price of any A&M Option shall be valued at their Market Price (as defined in Section 8(d)) on the date of exercise and shall have been owned by the Optionee for at least six months prior to the exercise.

Permitted Consideration. The purchase price of any Shares purchased upon exercise of an A&M Option shall be paid in full at the time of each purchase in one or a combination of the following methods: (i) in cash or by electronic funds transfer; (ii) by check payable to the order of the Company; (iii) by notice and third party payment in such manner as may be permitted by the Board of Directors, or the Compensation Committee of the Board of Directors, of the Company (the "Committee"); (iv) in the event A&M shall exercise any A&M Options and sell the Shares acquired upon such exercise to the Company in connection with the occurrence of any of the events described in Sections 7 and 8 of the Management Services Agreement and with the prior written consent of the Company, by a "cashless exercise" whereby A&M shall pay the applicable exercise price with the proceeds of such sale; or (v) by the delivery of Shares already owned by the Optionee (other than shares subject to the Pledge Agreement); providedPROVIDED, howeverHOWEVER, that the Committee may in its absolute discretion limit or deny the Optionee's ability to exercise any A&M Option by the means set forth in clauses (iii), (iv) or (v) above. Any Shares that the Committee permits to be used to satisfy the exercise price of any A&M Option shall be valued at their Market Price (as defined in Section 8(d)) on the date of exercise and shall have been owned by the Optionee for at least six months prior to the exercise.