Company Investment. Certain Stockholders of the Company have invested in the equity of the Company an amount of $200,000, immediately prior to the Closing, and that the Company shares issued to them in respect of such investment are described on Schedule C.
Company Investment. It is hereby acknowledged by all parties to this Agreement that the Company shall also invest approximately $19,000,000.
Company Investment. Company shall within fifteen (15) business days after the date Company has achieved the Company Investment provide City written notice of the date of achievement of Company Investment accompanied by copies of invoices, bills, receipts, and such other information, as may reasonably be requested by City, evidencing the Eligible Costs incurred and paid by Company for the Phase 1 Infrastructure.
Company Investment. Company agrees to provide the tariffed allowance for Customer’s facilities, and Customer warrants that the residence is permanent in nature.
Company Investment. Subject to applicable law, commencing on the Effective Date and ending on the first anniversary of the Effective Date, Employee agrees that he shall have the opportunity to make a total equity investment in the Parent in an aggregate amount up to $1,000,000 (the “Equity Investment”) pursuant to one or more purchases of shares of the Parent’s common stock on the open market, directly from the Parent or under a written plan entered into with a broker for trading the Parent’s common stock in a manner that complies with Rule 10b5-1 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). If Employee makes an open market purchase of shares of the Parent’s common stock with respect to the Equity Investment, Employee shall use reasonable efforts to comply with the limitations and restrictions set forth in Rule 10b-18(b) promulgated under the Exchange Act in making such purchase. Employee shall be prohibited from selling or otherwise transferring shares of the Parent’s common stock until Employee owns shares of the Parent’s common stock with an aggregate value equal to five (5) times Employee’s Base Salary (as defined below) and once Employee owns shares of the Parent’s common stock with an aggregate value equal to five (5) times Employee’s Base Salary, Employee shall also be prohibited from entering into any sale or transfer of the Parent’s common stock to the extent such sale or transfer would result in Employee ceasing to own shares of the Parent’s common stock with an aggregate value at least equal to five (5) times Employee’s Base Salary; provided, however, that the foregoing sale and transfer restrictions shall not apply to any sales of shares intended to satisfy applicable tax withholding obligations due in connection with the exercise, vesting or settlement of equity awards under the Parent’s Equity Incentive Plan (as defined below) and shall no longer apply upon the earlier to occur of (x) the end of the Employment Period (as defined below) and (y) a “Change of Control” (as defined in Section 6(i) below). In addition, Employee shall be subject to the provisions of any applicable stock ownership guidelines, policies or procedures adopted by the Company. Notwithstanding any provision of this Agreement to the contrary, the Company and Parent reserves the right, without Employee’s consent (but after consultation with Employee), to adopt any such stock ownership guidelines, procedures and policies with retroactive effect; provided, however, in ...
Company Investment. Subject to the terms of a Subscription Agreement to be entered into by the Executive, upon ten (10) days advance written notice from the Company to the Executive, the Executive may purchase, in the same proportions, the same shares purchased by the Initial Investors (as defined in the Equity Incentive Plan) having an aggregate fair market value equal to one million dollars ($1,000,000), determined as of the date of such purchase. For all purposes, such shares shall be subject to the terms of the Stockholders Agreement (as defined in the Equity Incentive Plan), except as set forth in the remainder of this Section 3. Within sixty (60) business days following the Executive’s termination of employment by the Company without Cause or by reason of death or Disability or the Executive’s termination of his employment for Good Reason, the Executive may sell such shares to the Company for an amount equal to their Fair Market Value (as defined in the Equity Incentive Plan) on the Termination Date. Within sixty (60) business days following the Executive’s termination with Cause or Executive’s resignation without Good Reason, the Company may purchase such shares from the Executive for an amount equal to the lesser of one million dollars ($1,000,000) or their Fair Market Value on the Termination Date. If the Executive delivers to the Company a written notice of objection to the Fair Market Value of such shares as established by the Company within ten (10) days of receipt of notice of such valuation, the Company and the Executive shall retain a mutually agreeable third party appraiser to determine such value. Such valuation shall be determined without regard to discounts for lack of marketability or minority interest. If the value as determined by the third party appraiser is within five percent (5%) of the value as established by the Company, the Executive shall reimburse the Company for the expenses of the third party appraiser.
