Common use of Repurchase Right Clause in Contracts

Repurchase Right. Notwithstanding any other provisions of this ---------------- Warrant, the Company may, in the event that the average trading price of the Company's Common Stock, as reported on the NASDAQ SmallCap Market or such other exchange on which the Company's Common Stock may then be quoted, exceeds $10.00 for a period of twenty (20) consecutive trading days, upon not less than thirty (30) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty (30) day period, the Holder may exercise such Warrants in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon by the Company and the Holder. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 7 contracts

Samples: Purchase Agreement (Penn Octane Corp), Penn Octane Corp, Penn Octane Corp

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Repurchase Right. Notwithstanding any other provisions of this ---------------- Warrant, ---------------- the Company may, in the event that the average trading price of the Company's Common Stock, as reported on the NASDAQ SmallCap Market or such other exchange on which the Company's Common Stock may then be quoted, exceeds $10.00 for a period of twenty (20) consecutive trading days, upon not less than thirty (30) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty (30) day period, the Holder may exercise such Warrants or a portion thereof in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon by the Company and the Holder. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 7 contracts

Samples: Rollover and Assignment Agreement (Penn Octane Corp), Penn Octane Corp, Penn Octane Corp

Repurchase Right. Notwithstanding any other provisions of this ---------------- ----------------- Warrant, the Company may, in the event that that, after the average trading price of date six months after the Company's Common Stockdate hereof, the closing bid price, as reported on the NASDAQ SmallCap Market NASDAQ/AMEX or such other exchange on which the Company's Common Stock may then be quoted, exceeds of the Company's Common Stock is greater than $10.00 4.50 for a period of twenty (20) consecutive trading days, upon not less than thirty ten (3010) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty ten (3010) day period, the Holder may exercise such Warrants Warrant in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon specified by the Company and the HolderCompany. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 6 contracts

Samples: Penn Octane Corp, Penn Octane Corp, Penn Octane Corp

Repurchase Right. Notwithstanding any other provisions of this ---------------- ----------------- Warrant, the Company may, in the event that that, after the average trading price of date six months after the Company's Common Stockdate hereof, the closing bid price, as reported on the NASDAQ SmallCap Market NASDAQ/AMEX or such other exchange on which the Company's Common Stock may then be quoted, exceeds of the Company's Common Stock is greater than $10.00 4.50 for a period of twenty (20) ten consecutive trading days, upon not less than thirty ten (3010) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty ten (3010) day period, the Holder may exercise such Warrants Warrant in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon specified by the Company and the HolderCompany. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 3 contracts

Samples: Penn Octane Corp, Penn Octane Corp, Penn Octane Corp

Repurchase Right. Notwithstanding any other provisions of this ---------------- ----------------- Warrant, the Company may, in the event that that, after the average trading price of date six months after the Company's Common Stockdate hereof, the closing bid price, as reported on the NASDAQ SmallCap Market NASDAQ/AMEX or such other exchange on which the Company's Common Stock may then be quoted, exceeds of the Company's Common Stock is greater than $10.00 3.50 for a period of twenty (20) ten consecutive trading days, upon not less than thirty ten (3010) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty ten (3010) day period, the Holder may exercise such Warrants Warrant in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon specified by the Company and the HolderCompany. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 2 contracts

Samples: Penn Octane Corp, Penn Octane Corp

Repurchase Right. Notwithstanding any other provisions of this ---------------- Warrant, the Company may, in the event that the average trading price of the Company's Common Stock, as reported on the NASDAQ SmallCap Market or such other exchange on which the Company's Common Stock may then be quoted, exceeds $10.00 for a period of twenty (20) consecutive trading days, upon not less than thirty (30) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty (30) day period, the Holder may exercise such Warrants or a portion thereof in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon by the Company and the Holder. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 2 contracts

Samples: Collateral Agreement (Castle Energy Corp), Castle Energy Corp

Repurchase Right. Notwithstanding any other provisions of this ---------------- Warrant, ---------------- the Company may, in the event that that, after the average trading price of date six months after the Company's Common Stockdate hereof, the closing bid price, as reported on the NASDAQ SmallCap Market or such other exchange on which the Company's Common Stock may then be quoted, exceeds $10.00 of the Company's Common Stock is greater than or equal to 150% of the Exercise Price for a period of twenty (20) five consecutive trading days, upon not less than thirty five (305) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty five (305) day period, the Holder may exercise such Warrants Warrant in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon by the Company and the Holder. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 1 contract

Samples: Purchase Agreement (Penn Octane Corp)

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Repurchase Right. Notwithstanding any other provisions of this ---------------- ----------------- Warrant, the Company may, in the event that that, after the average trading price of date six months after the Company's Common Stockdate hereof, the closing bid price, as reported on the NASDAQ SmallCap Market NASDAQ/AMEX or such other exchange on which the Company's Common Stock may then be quoted, exceeds of the Company's Common Stock is greater than $10.00 3.25 for a period of twenty (20) five consecutive trading days, upon not less than thirty ten (3010) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty ten (3010) day period, the Holder may exercise such Warrants Warrant in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon specified by the Company and the HolderCompany. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 1 contract

Samples: Penn Octane Corp

Repurchase Right. Notwithstanding any other provisions of this ---------------- ----------------- Warrant, the Company may, in the event that that, after the average trading price of date six months after the Company's Common Stockdate hereof, the closing bid price, as reported on the NASDAQ SmallCap Market NASDAQ/AMEX or such other exchange on which the Company's Common Stock may then be quoted, exceeds of the Company's Common Stock is greater than $10.00 3.00 for a period of twenty (20) five consecutive trading days, upon not less than thirty ten (3010) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty five (305) day period, the Holder may exercise such Warrants Warrant in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon specified by the Company and the HolderCompany. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 1 contract

Samples: Penn Octane Corp

Repurchase Right. Notwithstanding any other provisions of this ---------------- ----------------- Warrant, the Company may, in the event that that, after the average trading price of date six months after the Company's Common Stockdate hereof, the closing bid price, as reported on the NASDAQ SmallCap Market or such other exchange on which the Company's Common Stock may then be quoted, exceeds $10.00 of the Company's Common Stock is greater than or equal to 150% of the Exercise Price for a period of twenty (20) five consecutive trading days, upon not less than thirty five (305) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty five (305) day period, the Holder may exercise such Warrants Warrant in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon by the Company and the Holder. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 1 contract

Samples: Penn Octane Corp

Repurchase Right. Notwithstanding any other provisions of this ---------------- Warrant, the Company may, in the event that the average trading price of the Company's Common Stock, as reported on the NASDAQ SmallCap Market or such other exchange on which the Company's Common Stock may then be quoted, exceeds $10.00 for a period of twenty (20) consecutive trading days, upon not less than thirty (30) days' notice in writing to the Holder, repurchase all or any portion of this Warrant at a purchase Purchase price equal to $.10 per share of Common Stock covered hereby, such purchase price to be proportionally adjusted each time the Exercise Price is adjusted pursuant to Section 6 hereof. During such thirty (30) day period, the Holder may exercise such Warrants in accordance with the terms hereof. The closing on such repurchase shall occur on the date and at the time set forth in such notice at the office of the Company in Redwood City, California or at such other place as shall be agreed upon by the Company and the Holder. At the Closing, the Company shall deliver to the Holder an amount equal to the purchase price in immediately available funds and the Holder will deliver this Warrant to the Company for cancellation. To the extent any repurchase hereunder is of less than all of the rights represented by this Warrant, the Company will deliver to the Holder a new Warrant covering the rights not so purchased.

Appears in 1 contract

Samples: Castle Energy Corp

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