Buy-Out Event definition
Buy-Out Event means any of the following events: (a) Codexis filing for bankruptcy or insolvency under Applicable Law (in which case the Buy-Out Event shall apply to all Codexis Enzymes which Codexis was supplying to Arch as of the date of such filing); (b) expiration (but not early termination) of the Term of this Agreement (in which case the Buy-Out Event shall apply only to the Codexis Enzyme(s) for which Codexis’ obligation to supply to Arch have expired); (c) failure by Codexis to supply Codexis Enzyme pursuant to the terms of this Agreement; and (d) Codexis determines that it is not commercially feasible to supply Codexis Enzyme in accordance with the terms of this Agreement (in which case the Buy-Out Event shall apply only to the Codexis Enzyme(s) which Codexis made such determination pursuant to Section 4.1(a)).
Buy-Out Event means, in relation to any party:
Buy-Out Event has the meaning set forth in Section 9.2.
Examples of Buy-Out Event in a sentence
For the avoidance of doubt, if a Certificate Buy-Out Event ceases to exist and another Certificate Buy-Out Event occurs and is continuing, the purchase rights set forth in Section 6.01(a) shall be revived notwithstanding any exercise of such rights during the continuance of any preceding Certificate Buy-Out Event.
For the avoidance of doubt, if a Certificate Buy-Out Event ceases to exist and another Certificate Buy-Out Event occurs and is continuing, the purchase rights set forth in this Section 6.01 shall be revived notwithstanding any exercise of such rights during the continuance of any preceding Certificate Buy-Out Event.
Upon the occurrence of a Certificate Buy-Out Event, the holders of the Class A Certificates and Additional Certificates (if any) shall have the rights set forth in Article VI hereof.
Potential purchasers of the Class A Certificates under Article VI hereof shall have the rights upon the occurrence of a Certificate Buy-Out Event set forth therein.
Upon the occurrence of a Certificate Buy-Out Event, the holders of Class B Certificates, Additional Certificates (if any) or Refinancing Certificates (if any) shall have the rights set forth in Article VI hereof.
More Definitions of Buy-Out Event
Buy-Out Event means:
(a) The filing of an application by a Shareholder for, or its consent to, the appointment of a trustee, receiver, custodian or similar person under the applicable laws of the jurisdiction of organization of such Shareholder, for the assets of a Shareholder;
(b) The entry of a final order, judgment or decree by any court of competent jurisdiction appointing a trustee, receiver, custodian or similar person under the applicable laws of the jurisdiction of organization of such Shareholder, for the assets of a Shareholder;
(c) The failure by a Shareholder generally to pay its debts as they become due or a Shareholder's admission in writing of its inability to pay its debts as they become due;
(d) A Shareholder's Joint Venture Interest in the Company becoming subject to the enforcement of any rights of a creditor of a Shareholder, whether arising out of an attempted charge upon that Shareholder's Joint Venture Interest by judicial process or otherwise, if that Shareholder fails to effectuate the release of those enforcement rights, whether by legal process, bonding, or otherwise, within one hundred eighty (180) days; or
(e) The Bankruptcy of a Shareholder.
Buy-Out Event means a CEB Buy-Out Event or a Company Buy-Out Event;
Buy-Out Event means any of the following events: (a) Codexis filing for bankruptcy or insolvency under Applicable Law (in which case the Buy-Out Event shall apply to all Codexis Enzymes (and the corresponding Products) which Codexis was supplying to Arch as of the date of such filing); (b) Expiration (but not early termination) of the Term of this Agreement (in which case the Buy-Out Event shall apply only to the Codexis Enzyme(s) (and corresponding Product(s)) for which Codexis’ obligation to supply to Arch have expired); (c) failure by Codexis to supply Codexis Enzyme pursuant to Section 2.14 (in which case the Buy-Out Event shall apply only to the Codexis Enzyme(s) (and corresponding Products) which Codexis failed to supply pursuant to Section 2.14); and [*].
Buy-Out Event means:
(a) The filing of an application by a Partner for, or its consent to, the appointment of a trustee, receiver, custodian or similar person under the applicable laws of the jurisdiction of organization of such Partner, for the assets of a Partner;
(b) The entry of a final order, judgment or decree by any court of competent jurisdiction appointing a trustee, receiver, custodian or similar person under the applicable laws of the jurisdiction of organization of such Partner, for the assets of a Partner;
(c) A Partner’s Partner Interest in the Company becoming subject to the enforcement of any rights of a creditor of a Partner, whether arising out of an attempted charge upon that Partner’s Partner Interest by judicial process or otherwise, if that Partner fails to effectuate the release of those enforcement rights, whether by legal process, bonding, or otherwise, within one hundred eighty (180) days; or
(d) The Bankruptcy of a Partner.
Buy-Out Event means any of the events listed in Clause 16.1;
Buy-Out Event means: (1) the closing of the ------------- consolidation or merger of the Corporation with or into any entity in which the holders of the Corporation's outstanding shares immediately before such consolidation or merger do not, immediately after such consolidation or merger, retain stock representing a majority of the voting power of the surviving entity; (2) the closing of the purchase by a third party of more than fifty percent (50.0%) of the capital stock of the Corporation representing a majority of the voting power of the Corporation; or (3) the liquidation, dissolution or winding up of the Corporation if a majority of the holders of the Series P Preferred provide the Corporation with written notice of their intent to treat such event as a Buy-Out Event within 30 days after the Corporation notifies the holders of the Series P Preferred of its intention to liquidate, dissolve or wind-up (provided that the Corporation notifies the holders of the Series P Preferred at least 30 days but no more than 60 days prior to the closing of such transaction). A sale or transfer of all or substantially all of the Corporation's assets as an entirety shall be regarded as a "liquidation, dissolution or winding up of the Corporation" within the meaning of this Section 7(k)(ii).
Buy-Out Event means: (a) a consolidation or merger of JetFax with or into any entity in which the holders of JetFax's outstanding shares immediately before such consolidation or merger do not, immediately after such consolidation or merger, retain stock representing a majority of the voting powers of the surviving entity; (b) the purchase of more than 50% of the fully diluted Common Stock of JetFax by a third party; or (c) the liquidation, dissolution or winding up of JetFax if Ailicec provides JetFax with written notice of its intent to treat such event as a Buy-Out Event within 30 days after JetFax notifies Ailicec of its intention to liquidate, dissolve or wind-up (provided that JetFax notifies Ailicec at least 30 days but no more than 60 days prior to its consummation of such transaction). The acquisition of substantially all of the assets of JetFax will be deemed a liquidation, dissolution or winding up of JetFax. If Ailicec does not elect to treat a liquidation, dissolution or winding up of JetFax as a Buy-Out Event, the Performance Preferred shall receive a liquidation preference equal to the Purchase Price plus accrued dividends reduced by the amount of the Purchase Price previously paid for the redemption of shares of Performance Preferred; the Performance Preferred shall not be entitled to any other proceeds other than such liquidation preference in the event of such liquidation, dissolution or winding up.