Phase 2 Option definition
Examples of Phase 2 Option in a sentence
In the event of a Change of Control of Solazyme where a Direct Competitor succeeds to the control (as defined in Section 1.2) of Solazyme (a “Direct Competitor Change of Control”) during Phase 2 or the Phase 2 Option Period, either Party may elect in its sole discretion to terminate immediately this Agreement by written notice to the other Party.
For clarity, all rights and obligations of the Parties under this Agreement, other than the Phase 2 Option and the covenant of the Company in Section 7.7, shall remain in force if the Purchasers do not exercise the Phase 2 Option.
Each P2 Unit shall consist of one Common Share and one half of a Common Share purchase warrant (each whole warrant, a “P2 Warrant”) and, if the Phase 2 Option is exercised, shall be issued at a price per P2 Unit equal to the 20-day volume-weighted average closing price of the Company’s Common Shares on the TSXV on the date prior to the date the Phase 2 Option is exercised (the “Phase 2 Purchase Price”).
The Company may move its listing to the Toronto Stock Exchange only if all of the Purchasers’ rights are preserved (including for certainty obtaining comfort from the Toronto Stock Exchange satisfactory to the Purchasers, acting reasonably, that the terms and conditions of the Phase 1 Option and Phase 2 Option as set out in this Agreement will be accepted by the Toronto Stock Exchange) and thereafter references to TSXV in this Agreement will mean and refer to the Toronto Stock Exchange.
With respect to Phase 2 and Phase 3, the Lessor has provided the Phase 2 Option and the Phase 3 Option, respectively.
If Cadiz so extends the Option, then Phase 2 of the Option Period will commence upon payment of the Phase 2 Option Fee and shall continue through the earlier of June 30, 2012, or the closing of a definitive Purchase and Sale Agreement by which Cadiz purchases the Pipeline Assets from Questar Southern Trails (the “Phase 2 Option Period”).
During the Phase 1 Option Period and the Phase 2 Option Period, Cadiz shall have the sole and exclusive right, but not the obligation, to purchase the Pipeline Assets.
The Company will remain a reporting issuer in good standing in Ontario, British Columbia and Alberta and will remain listed on the TSXV for a period of at least two years from the Phase 2 Closing Date or the date that the Purchasers determine not to exercise the Phase 2 Option.
The Parties further agree that the representations, warranties and agreements shall survive the purchase and sale of the Units and shall continue in full force and effect for a period of two years from the Phase 2 Closing Date or the date that the Purchasers determine not to exercise the Phase 2 Option, notwithstanding any subsequent disposition by any Purchaser of the Units or any termination of this Agreement.
Phase 2/ Option 1 (Exercised) Total Costs if All Options Exercised Government Share (90%) $3,022,501 $4,007,964 $7,030,465 Performer Share (10%) $335,834 $445,329 $781,163 Total Amount of the Agreement $3,358,334 $4,453,293 $7,811,627 To: Phase 1 Phase 2/ Option 1 (Exercised) Total Costs if All Options Exercised Government Share (90%) $3,022,501 $4,631,808 $7,654,309 Performer Share (10%) $335,834 $514,645 $850,479 Total Amount of the Agreement $3,358,334 $5,146,453 $8,504,788 5.