Common use of Repurchase by the Company Clause in Contracts

Repurchase by the Company. The Company may elect to purchase all or any portion of the Executive Securities at the Repurchase Price by delivering written notice (the "Repurchase Notice") to Executive within 120 days after the Termination. The Repurchase Notice shall set forth the number of shares to be acquired from Executive and/or the Trust and/or their transferees (if any), the aggregate consideration to be paid for such securities, and the time and place for the closing of the transaction (the "Repurchase Closing"). The Company may, in its sole discretion, assign its rights pursuant to this Section 8 to the holders of its capital stock (other than Executive and any other Stockholder whose shares are being repurchased) pro rata on the basis of the number of shares owned (with subsequent re-offer in the event of under subscription); provided that any such assignees shall comply with the terms of this Section 8.

Appears in 3 contracts

Samples: Management Agreement (United Industries Corp), Management Agreement (United Industries Corp), Management Agreement (United Industries Corp)

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Repurchase by the Company. The Company may elect to purchase all or any portion of the Executive Securities at the Repurchase Price by delivering written notice (the "Repurchase NoticeREPURCHASE NOTICE") to Executive within 120 days after the Termination. The Repurchase Notice shall set forth the number of shares to be acquired from Executive and/or the Trust and/or their transferees (if any), the aggregate consideration to be paid for such securities, and the time and place for the closing of the transaction (the "Repurchase ClosingREPURCHASE CLOSING"). The Company may, in its sole discretion, assign its rights pursuant to this Section SECTION 8 to the holders of its capital stock (other than Executive and any other Stockholder whose shares are being repurchased) pro rata on the basis of the number of shares owned (with subsequent re-offer in the event of under subscription); provided PROVIDED that any such assignees shall comply with the terms of this Section SECTION 8.

Appears in 1 contract

Samples: Management Agreement (United Industries Corp)

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Repurchase by the Company. The Company may elect to purchase all or any portion of the Executive Securities at the Repurchase Price by delivering written notice (the "Repurchase Notice") to Executive within 120 days after the Termination. The Repurchase Notice shall set forth the number of shares to be acquired from Executive and/or the Trust and/or their his transferees (if any), the aggregate consideration to be paid for such securities, and the time and place for the closing of the transaction (the "Repurchase Closing"). The Company may, in its sole discretion, assign its rights pursuant to this Section 8 to the holders of its capital stock (other than Executive and any other Stockholder whose shares are being repurchased) pro rata on the basis of the number of shares owned (with subsequent re-offer in the event of under subscription); provided that any such assignees assignee shall comply with the terms of this Section 8Xxxxxxx 0.

Appears in 1 contract

Samples: Management Agreement (United Industries Corp)

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