Common use of Rights of the Investors Clause in Contracts

Rights of the Investors. (i) If for any reason, subject to the required consent by Executive under Section 9(a)(i)(x) of this Agreement, the Company does not elect to purchase all of the Repurchase Shares available for purchase pursuant to the Repurchase Option, the Investors shall be entitled to exercise the Repurchase Option, in the manner set forth in this Section 9, for all or any portion of the Repurchase Shares which the Company has not elected to purchase (the “Available Shares”). As soon as practicable after the Company determines that there will be Available Shares, but in any event upon the earlier to occur of (A) the delivery of the Repurchase Notice, and (B) four (4) months after the termination of Executive’s employment with the Company, the Company shall deliver a written notice (the “Availability Notice”) to the Investors, setting forth the number of each class and type of Available Shares and the purchase price for each Available Share.

Appears in 2 contracts

Samples: Executive Agreement (Roundy's Parent Company, Inc.), Executive Agreement (Roundy's Parent Company, Inc.)

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Rights of the Investors. (i) If for any reason, subject to the required consent by Executive under Section 9(a)(i)(x) of this Agreement, the Company does not elect to purchase all of the Repurchase Shares available for purchase pursuant to the Repurchase Option, the Investors shall be entitled to exercise the Repurchase Option, in the manner set forth in this Section 9, for all or any portion of the Repurchase Shares which the Company has not elected to purchase (the "Available Shares"). As soon as practicable after the Company determines that there will be Available Shares, but in any event upon the earlier to occur of (A) the delivery of the Repurchase Notice, and (B) four (4) months after the termination of Executive’s 's employment with the Company, the Company shall deliver a written notice (the "Availability Notice") to the Investors, setting forth the number of each class and type of Available Shares and the purchase price for each Available Share.

Appears in 2 contracts

Samples: Executive Agreement (Jondex Corp), Executive Agreement (Jondex Corp)

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