Common use of Company Option Clause in Contracts

Company Option. If the Founding Stockholders fails to or chooses not to elect to purchase all of the Offered Shares under Section 2.3(b) above, at any time within fifteen (15) business days after receipt by the Company of the Additional Offer Notice (the “Company Option Period”), the Company may elect to accept the offer to purchase with respect to any or all of the Remaining Shares and shall give written notice of such election (the “Company Acceptance Notice”) to the Transferring Stockholder within the Company Option Period, which notice shall indicate the maximum number of Remaining Shares that the Company is willing to purchase. The Company Acceptance Notice shall constitute a valid, legally binding and enforceable agreement for the sale and purchase of the Remaining Shares covered by the Company Acceptance Notice. The closing for any purchase of Remaining Shares by the Company under this Section 2.3(c) (along with the purchase by the Founding Stockholders of any Shares under Section 2.3(b) above if the Founding Stockholders is purchasing less than all of the Offered Shares) shall take place within fifteen (15) business days following the expiration of the Company Option Period, at the offices of the Company or on such other date or at such other place as may be agreed to by the Transferring Stockholder, the Founding Stockholders and the Company.

Appears in 3 contracts

Samples: Stockholders Agreement (Ohia Development Corp), Stockholders Agreement (Global Manufacturers & Contractors, S.A.), Stockholders Agreement (Phoenix Realty, Inc.)

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Company Option. If the Founding Stockholders Stockholder fails to or chooses not to elect to purchase all of the Offered Shares under Section 2.3(b) above, at any time within fifteen (15) business days after receipt by the Company of the Additional Offer Notice (the “Company Option Period”), the Company may elect to accept the offer to purchase with respect to any or all of the Remaining Shares and shall give written notice of such election (the “Company Acceptance Notice”) to the Transferring Stockholder within the Company Option Period, which notice shall indicate the maximum number of Remaining Shares that the Company is willing to purchase. The Company Acceptance Notice shall constitute a valid, legally binding and enforceable agreement for the sale and purchase of the Remaining Shares covered by the Company Acceptance Notice. The closing for any purchase of Remaining Shares by the Company under this Section 2.3(c) (along with the purchase by the Founding Stockholders Stockholder of any Shares under Section 2.3(b) above if the Founding Stockholders Stockholder is purchasing less than all of the Offered Shares) shall take place within fifteen (15) business days following the expiration of the Company Option Period, at the offices of the Company or on such other date or at such other place as may be agreed to by the Transferring Stockholder, the Founding Stockholders Stockholder and the Company.

Appears in 3 contracts

Samples: Stockholders Agreement (GreenKissNY, Inc.), Stockholders Agreement (GreenKissNY, Inc.), Stockholders Agreement (GreenKissNY, Inc.)

Company Option. If The Company shall have the Founding Stockholders fails to or chooses not to elect first option to purchase all but not less than all of the Offered Shares under Section 2.3(b) above, at Shares. At any time within fifteen ten (1510) business days after receipt by the Company of the Additional Offer Notice (the “Company Option Period”), the Company may elect to accept the offer to purchase with respect to any or all of the Remaining Offered Shares and shall give written notice of such election (the “Company Acceptance Notice”) to the Transferring Stockholder Transferor within the Company Option Period, which notice shall indicate the maximum number of Remaining Shares that the Company is willing to purchase. The Company Acceptance Notice shall constitute a valid, legally binding and enforceable agreement for the sale and purchase of the Remaining Shares covered by the Company Acceptance Notice. The If the Company accepts the offer to purchase all of the Offered Shares, the closing for any such purchase of Remaining the Offered Shares by the Company under this Section 2.3(c) (along with the purchase by the Founding Stockholders of any Shares under Section 2.3(b) above if the Founding Stockholders is purchasing less than all of the Offered Shares3.3(b) shall take place within fifteen thirty (1530) business days following the expiration of the Company Option Period, at the offices of the Company or on such other date or at such other place as may be agreed to by the Transferring Stockholder, the Founding Stockholders Transferor and the Company. If the Company fails to purchase all of the Offered Shares by exercising its option under this Section 3.3(b) within the period provided, the Transferor shall so notify the Investors promptly (the “Additional Offer Notice”) and the Remaining Shares shall be subject to the options granted to the Investors pursuant to Section 3.3(c) below.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ign Entertainment Inc)

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Company Option. If The Company shall have the Founding Stockholders fails to or chooses not to elect first option to purchase all but not less than all of the Offered Shares under Section 2.3(b) above, at Shares. At any time within fifteen ten (1510) business days after receipt by the Company of the Additional Offer Notice (the “Company Option Period”), the Company may elect to accept the offer to purchase with respect to any or all of the Remaining Offered Shares and shall give by giving written notice of such election (the “Company Acceptance Notice”) to the Transferring Stockholder Transferor within the Company Option Period, which notice shall indicate the maximum number of Remaining Shares that the Company is willing to purchase. The Company Acceptance Notice shall constitute a valid, legally binding and enforceable agreement for the sale and purchase of the Remaining Shares covered by the Company Acceptance Notice. The If the Company accepts the offer to purchase all of the Offered Shares, the closing for any such purchase of Remaining the Offered Shares by the Company under this Section 2.3(c) (along with the purchase by the Founding Stockholders of any Shares under Section 2.3(b) above if the Founding Stockholders is purchasing less than all of the Offered Shares3.3(b) shall take place within fifteen thirty (1530) business days following the expiration of the Company Option Period, at the offices of the Company or on such other date or at such other place as may be agreed to by the Transferring Stockholder, the Founding Stockholders Transferor and the Company. If the Company fails to purchase all of the Offered Shares by exercising its option under this Section 3.3(b) within the period provided, the Transferor shall so notify the Investors promptly (the “Additional Offer Notice”) and the Remaining Shares shall be subject to the options granted to the Investors pursuant to Section 3.3(c) below.

Appears in 1 contract

Samples: Stockholders Agreement (Ign Entertainment Inc)

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