The Apollo Group Repurchase Right. The Company or a subsidiary thereof shall give written notice to the Apollo Group stating whether the Company or any subsidiary will exercise such purchase rights pursuant to clause (a) above. If such notice states that the Company and its subsidiaries will not exercise their purchase rights for all or a portion of the shares of Common Stock then subject thereto, the Apollo Group shall have the right to purchase such shares of Common Stock not purchased by the Company or its subsidiaries on the same terms and conditions as the Company and its subsidiaries until the later of (i) the 30th day following the receipt of such notice or (ii) the repurchase date (in the case of a repurchase pursuant to clause (a)(i) above).
Appears in 3 contracts
Samples: Investors Rights Agreement (Metals Usa Holdings Corp.), Investors Rights Agreement (FLAG INTERMEDIATE HOLDINGS Corp), Investors Rights Agreement (Metals USA Holdings Corp.)
The Apollo Group Repurchase Right. The Company or a subsidiary thereof shall give written notice to the Apollo Group stating whether the Company or any subsidiary will exercise such purchase rights pursuant to clause (a) aboveabove or upon an Offer pursuant to Section 3.1. If such notice states that the Company and its subsidiaries will not exercise their purchase rights for all or a portion of the shares of Common Stock then subject thereto, the Apollo Group shall have the right to purchase such shares of Common Stock not purchased by the Company or its subsidiaries on the same terms and conditions as the Company and its subsidiaries until the later of (i) the 30th day following the receipt of such notice or (ii) the repurchase date Repurchase Date (in the case of a repurchase pursuant to clause (a)(i) above).
Appears in 2 contracts
Samples: Adoption Agreement (Realogy Corp), Management Investor Rights Agreement (NRT Settlement Services of Missouri LLC)
The Apollo Group Repurchase Right. The Company or a subsidiary Subsidiary thereof shall give written notice to the Apollo Group stating whether the Company or any subsidiary Subsidiary will exercise such purchase rights Call Rights pursuant to clause (a) above. If such notice states that the Company and its subsidiaries Subsidiaries will not exercise their purchase rights Call Right for all or a portion of the shares of Common Stock then subject thereto, the Apollo Group shall have the right to purchase such shares of Common Stock not purchased by the Company or its subsidiaries Subsidiaries on the same terms and conditions as the Company and its subsidiaries Subsidiaries until the later of (i) the 30th day following the receipt of such notice or (ii) the repurchase date such longer period as specified in subclauses (in the case A) and (B) of a repurchase pursuant to clause (a)(i) aboveSection 5(a)(iv), if applicable.
Appears in 2 contracts
Samples: Adoption Agreement, Adoption Agreement (PlayAGS, Inc.)
The Apollo Group Repurchase Right. The Company or a subsidiary Subsidiary thereof shall give written notice to the Apollo Group stating whether the Company or any subsidiary Subsidiary will exercise such purchase rights Call Rights pursuant to clause (a) above. If such notice states that the Company and its subsidiaries Subsidiaries will not exercise their purchase rights Call Right for all or a portion of the shares of Common Stock then subject thereto, the Apollo Group shall have the right to purchase such shares of Common Stock not purchased by the Company or its subsidiaries Subsidiaries on the same terms and conditions as the Company and its subsidiaries Subsidiaries until the later of (i) the 30th day following the receipt of such notice or (ii) the repurchase date (such longer period as specified in the case of a repurchase pursuant to clause (a)(i) aboveSection 6(a)(ii), if applicable.
Appears in 2 contracts
Samples: Securityholders Agreement (Noranda Aluminum Holding CORP), Securityholders Agreement (Noranda Aluminum Holding CORP)
The Apollo Group Repurchase Right. The Company or a subsidiary thereof shall give written notice to the Apollo Group stating whether the Company or any subsidiary will exercise such the purchase rights pursuant to clause (a) above. If such notice states that the Company and its subsidiaries will not exercise their its purchase rights for all or a portion of the shares of Common Stock then Units subject thereto, the Apollo Group (or its designee) shall have the right to purchase such shares of Common Stock Units not purchased by the Company or its subsidiaries on the same terms and conditions as the Company and its subsidiaries until the later of (i) the 30th day following the receipt of such notice or (ii) the repurchase date Repurchase Date (in the case of a repurchase pursuant to clause (a)(i) above).
Appears in 2 contracts
Samples: Management Investor Rights Agreement (NL Coop Holdings LLC), Management Investor Rights Agreement (Juniper Bond Holdings IV LLC)