QUALCOMM Commitment definition
Examples of QUALCOMM Commitment in a sentence
If in the Tag-Along Sale QUALCOMM intends to sell any QUALCOMM Commitment Shares along with the corresponding portion of the QUALCOMM Commitment (as permitted under Section 3.4(a)) and the per share sale price applicable to the Tag-Along Sale does not take into account the value of the QUALCOMM Commitment being so assumed, then the per share price applicable to each Vendor's and each BCI Party's Tag-Along Right shall be increased to include such value.
If in the Drag-Along Sale QUALCOMM intends to sell any QUALCOMM Commitment Shares along with the corresponding portion of the QUALCOMM Commitment (as permitted under Section 3.4(a)) and the per share sale price applicable to the Drag-Along Sale does not take into account the value of the QUALCOMM Commitment being so assumed, then the per share price applicable to the Drag-Along Right shall be increased to include such value.
If in the QUALCOMM Sale QUALCOMM intends to sell any QUALCOMM Commitment Shares along with the corresponding portion of the QUALCOMM Commitment (as permitted under Section 3.4(a)) and the per share sale price applicable to such transaction does not take into account the value of the QUALCOMM Commitment being so assumed, then the per share price applicable to the VeloCom Co-Sale Right shall be increased to include such value.
Subject to the terms and conditions hereof, QUALCOMM shall be obligated to pay the Funding Amount to the Company no later than the Funding Date; provided however, that in no event shall QUALCOMM be required to pay any funds in excess of the QUALCOMM Commitment.
The Funding Notice shall also specify the number of QUALCOMM Commitment Shares, as adjusted from time to time as appropriate to take account of any stock or share split, dividend, recapitalization or reorganization of the capital of the Company since the date such number was last established, to which the Funding Amount relates, determined by dividing the Funding Amount by the Capital Call Per Share Price ("Funding Commitment Shares").
The number of QUALCOMM Commitment Shares, as adjusted from time to time as appropriate to take account of any stock or share split, dividend, recapitalization or reorganization of the capital of the Company since the date such number was last established, to which the Voluntary Funding Amount relates shall equal the Voluntary Funding Amount divided by the Capital Call Per Share Price then in effect ("Voluntary Funding Commitment Shares").
If in the transaction giving rise to the Put Right QUALCOMM intends to sell any QUALCOMM Commitment Shares along with the corresponding portion of the QUALCOMM Commitment (as permitted under Section 3.4(a)) and the per share sale price applicable to such transaction does not take into account the value of the QUALCOMM Commitment being so assumed, then the per share price applicable to the Put Right shall be increased to include such value.
At any time after December 31, 2005, the Company by action of the Board of Directors by Super Majority Vote may elect to reduce the QUALCOMM Commitment to $0 and require that all remaining QUALCOMM Commitment Shares (after giving effect to the last two sentences in clause (i) above) be forfeited by QUALCOMM, whereupon such QUALCOMM Commitment Shares shall no longer be issued and outstanding.
Upon payment of the Funding Amount, each of the related Funding Commitment Shares shall become fully paid and shall not be QUALCOMM Commitment Shares under this Agreement, including for purposes of this Section 3.4(b).
Notwithstanding anything to the contrary contained herein, QUALCOMM also shall have the right at any time and from time to time, in its sole discretion, to elect to pay to the Company any amount of the QUALCOMM Commitment not yet subject to a Funding Notice (any amount so paid, the "Voluntary Funding Amount").