Exercise of Exchange Right Sample Clauses

Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by the Trustee. Subject to Section 6.15 hereof, the Trustee shall exercise the Exchange Right only on the basis of instructions received pursuant to this ARTICLE 5 from Beneficiaries entitled to instruct the Trustee as to the exercise thereof. To the extent that no instructions are received from a Beneficiary with respect to the Exchange Right, the Trustee shall not exercise or permit the exercise of the Exchange Right.
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Exercise of Exchange Right. (a) In order to exercise the Exchange Right, an Initial Member or JDI shall deliver a written notice (an “Exchange Notice”) to such effect to the Company, not less than ten (10) Business Days prior to the date as of which the Initial Member or JDI desires the closing (the “Exchange Closing”) of the exchange to occur (such date, the “Proposed Exchange Closing Date”). The Exchange Notice shall include a representation and warranty by the Initial Member or JDI to the effect that such Initial Member or JDI owns, and will continue to own until the Exchange Closing, the Offered Units subject to the Exchange Notice, free and clear of all liens, charges, security interests, options, claims, mortgages, pledges, proxies, voting trusts or agreements, obligations, understandings or arrangements or other restrictions on title or transfer of any nature whatsoever (“Liens”) other than Liens arising under this Agreement and Liens that will be discharged at or prior to Exchange Closing.
Exercise of Exchange Right. The Exchange Right shall be exercised by written notice from Purchaser to Holdings (an "Exchange Notice") stating that Purchaser desires to exercise an Exchange Right and setting forth: (i) the proposed closing date, which (subject to the earlier satisfaction or waiver of the condition set forth in Section 7) shall be within three days after the date of delivery of such notice; provided, however, if Holdings has not received the Notes BSRD described in Section 6(d) by such third day after the delivery of the Exchange Notice, the Closing shall occur as soon as practicable following the receipt of such Notes BSRD by Holdings, and (ii) the amount of Notes to be exchanged expressed as a Conversion Principal Amount and such Conversion Principal Amount shall be in multiples of $25,000.
Exercise of Exchange Right. In order to exercise the exchange right, the holder of any Note to be exchanged shall at least five (5) Business Days prior to any Exchange Date (as defined below), surrender a fully executed (and manually signed) irrevocable written notice (“Notice of Exchange”), in substantially the form attached hereto as Exhibit B, that the holder elects to exchange such Note or a stated portion thereof constituting a multiple of US$100,000 principal amount, to the Exchange Agent, at any time during usual business hours at its office or agency maintained for the purpose as provided in this Indenture, accompanied by the relevant Definitive Notes, if issued. If any Note or any portion thereof is surrendered for exchange during the period between the close of business on any June 26 or December 27 and up to and including, but not after opening of business on the next following July 11 or January 11, as the case may be, and has not been repurchased by the Company on a repurchase date, such Note shall be accompanied by payment in funds acceptable to the Company of an amount equal to the interest payable on such following July 11 or January 11 on the principal amount of such Note being surrendered for exchange. If the Company shall default in the payment of interest due on the Notes on such July 11 or January 11, as the case may be, such funds shall be repaid to the person who deposited the same. The Notice of Exchange shall also state the name or names (with address) in which the certificate or certificates for the Exchange Shares shall be delivered. Definitive Notes surrendered for exchange shall (if so required by the Company or the Trustee) be duly endorsed by, or be accompanied by a written instrument or instruments of transfer in form set forth on the reverse side of the Notes attached hereto as Exhibit A duly executed by, the holder or his attorney duly authorized in writing. Exchange Agent shall promptly (i) forward the Notice of Exchange it receives in accordance with this Section and (ii) deliver a confirmation of receipt of the Notes surrendered in accordance with this section, to the Company. As promptly as practicable after the receipt of Notice of Exchange and the confirmation of the surrender of the Definitive Note, if applicable, as aforesaid, the Company shall, subject to the provisions of Section 10.08, (x) deliver by itself a certificate or certificates for the number of Exchange Shares deliverable on such exchange of the Notes, or through book-entry trans...
Exercise of Exchange Right. The Exchange Right shall be exercised by written notice from any Purchaser to the Company (an "Exchange Notice") stating that such Purchaser desires to exercise an Exchange Right and setting forth: (i) the proposed closing date, which (subject to the earlier satisfaction or waiver of conditions set forth in Section 7) shall be no earlier than three (3) days after and no later than twenty (20) days after the date of delivery of such notice, and (ii) the amount of Notes to be exchanged expressed as a Conversion Principal Amount.
Exercise of Exchange Right. (a) As a condition precedent to the exercise of the Exchange Right, the Company and the exercising Founder must mutually agree that no gain or loss will be required to be recognized for U.S. federal tax purposes on account of such exercise and related Exchange (the “Exchange Condition”).
Exercise of Exchange Right. The Exchange Right shall be and remain vested in and exercisable by each holder in respect of the Exchangeable Shares held by such holder.
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Exercise of Exchange Right a) The Corporation, on behalf of the Fund, may establish a form of Royalty Unit exchange form (a "ROYALTY UNIT EXCHANGE FORM") to be submitted to the Fund and to the transfer agent of the Fund by any holder of Royalty Units that wishes to exchange such Royalty Units for Trust Units which Royalty Unit Exchange Form shall require the holder to elect and indicate irrevocably:
Exercise of Exchange Right. If any Member desires to exercise the Exchange Right and acquire shares of Odyssey Common Stock to this Section 2, such Member shall deliver to Odyssey:
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