Put Option Premium. The Company will pay an aggregate amount of $6,900,000 (the “Put Option Premium”) in the form of shares of Common Stock (based on the Additional Common Stock Purchase Price) to the accounts designated by the Investor in accordance with Section 4.2 hereof, on the earliest of (i) the occurrence of a Termination Event (as defined in the Term Sheet); (ii) the Closing Date; and (iii) March 31, 2009; provided that the Put Option Premium to which the Investor is entitled shall be reduced by the amount of any premium that has been paid to the Investor pursuant to the Equity Cure Letter entered into by the Investor with the Company.
Appears in 3 contracts
Samples: Put Option Agreement (Foamex International Inc), Put Option Agreement (D. E. Shaw Laminar Portfolios, L.L.C.), Put Option Agreement (Foamex International Inc)
Put Option Premium. The Company will pay an aggregate amount of $6,900,000 1,078,125 (the “Put Option Premium”) in the form of shares of Common Stock (based on the Additional Common Stock Purchase Price) to the accounts designated by the Investor in accordance with Section 4.2 hereof, on the earliest of (i) the occurrence of a Termination Event (as defined in the Term Sheet); (ii) the Closing Date; and (iii) March 31, 2009; provided that the Put Option Premium to which the Investor is entitled shall be reduced by the amount of any premium that has been paid to the Investor pursuant to the Equity Cure Letter entered into by the Investor with the Company.
Appears in 2 contracts
Samples: Put Option Agreement (Foamex International Inc), Put Option Agreement (Foamex International Inc)
