Examples of Unexercised Portion in a sentence
Exemptions to Facilitate Intrastate and Regional Securities Offerings, Release No. 33-10238 (Oct.
If the Change Purchasing Members are able to reach such agreement during such three Business Day period or if there is no longer a Change Unexercised Portion, then the Buy-out Right shall be deemed exercised by the Change Purchasing Members, and the Changing Member and the Change Purchasing Members shall close the acquisition of the Membership Interest in accordance with Section 9.04(b)(iii).
If Participant's employment with the Company or a Subsidiary terminates after the date on which the Change in Control occurs other than as a result of a termination by the Company or a Subsidiary for Cause, then Participant (or, if applicable, Participant's estate or the person(s) to whom Participant's rights under this Agreement pass by will or the laws of descent and distribution) will have the right to exercise the Unexercised Portion.
The Designated Amount must not exceed the Unexercised Portion at the time of such delivery.
All quality control and inspection procedures submitted for approval shall conform to the minimum requirements of the applicable IPPC standard and to the requirements of these Enforcement Regulations.
If a Change in Control of the Company occurs while Optionee is serving on the Board, then the Option will become immediately exercisable with respect to that portion of the Number of Shares with respect to which the Option has not yet been exercised or is not yet exercisable (the "Unexercised Portion").
Subject again to the provisions of this Section 3.3.12, the Company may deliver subsequent Call Notices for any then Unexercised Portion.
Any provision of this Plan or any Option Agreement to the contrary notwithstanding, in connection with a Change in Control, the Company shall be entitled to elect to cancel the unexercised portion of any Option (the "Unexercised Portion") in exchange for a cash payment to the Participant equal to the excess of (i) the Fair Market Value of the Interests underlying the Class A Units covered by the Unexercised Portion over (ii) the aggregate exercise price of the Unexercised Portion.
To exercise this right, the Company must deliver to the Holder an irrevocable written notice (a “Call Notice”), indicating therein the number of Warrant Shares in the Unexercised Portion to which such notice applies (the “Called Portion”).
Any Unexercised Portion other than a Called Portion will be unaffected by such Call Notice.