Right to Participate. The Employee may elect to participate in the sale or other transfer described in the Sale Notice by giving written notice to the applicable Investors and the Company within 15 days after the Company has given the related Sale Notice to the Employee. If the Employee elects to participate, the Employee will be entitled to sell in the contemplated transaction, at the same price and on the same terms and conditions as set forth in the Sale Notice, an amount of Shares equal to the product of (i) the quotient determined by dividing (A) the percentage of the Company’s then outstanding Common Shares represented by the Shares then held by the Employee by (B) the aggregate percentage of the Company’s then outstanding Common Shares represented by the Common Shares then held by the Investor(s) participating in the sale or other transfer described in the Sale Notice and all holders of Common Shares electing to participate in such sale and (ii) the number of Common Shares the prospective transferee has agreed to purchase in the contemplated transaction.
Appears in 4 contracts
Samples: Employee Stock Subscription Agreement (RSC Equipment Rental, Inc.), Employee Stock Subscription Agreement (Hertz Corp), Employee Stock Subscription Agreement (RSC Holdings Inc.)
Right to Participate. The Employee may elect to participate in the sale or other transfer described in the Sale Notice by giving written notice to the applicable Investors and the Company within 15 days after the Company has given the related Sale Notice to the Employee. If the Employee elects to participate, the Employee will be entitled to sell in the contemplated transaction, at the same price and on the same terms and conditions as set forth in the Sale Notice, an amount of Shares equal to the product of (i) the quotient determined by dividing (A) the percentage of the Company’s then outstanding Common Shares Stock represented by the Shares then held by the Employee by (B) the aggregate percentage of the Company’s then outstanding Common Shares Stock represented by the Common Shares Stock then held by the Investor(s) participating in the sale or other transfer described in the Sale Notice and all holders of Common Shares Stock electing to participate in such sale and (ii) the number of Common Shares Stock the prospective transferee has agreed to purchase in the contemplated transaction.
Appears in 3 contracts
Samples: Stock Subscription Agreement (Servicemaster Co), Employee Stock Subscription Agreement (Servicemaster Co), Employee Stock Subscription Agreement (Servicemaster Co)
Right to Participate. The Employee may elect to participate in the sale or other transfer described in the Sale Notice by giving written notice to the applicable Investors and the Company within 15 days after the Company has given the related Sale Notice to the Employee. If the Employee elects to participate, the Employee will be entitled to sell in the contemplated transaction, at the same price and on the same terms and conditions as set forth in the Sale Notice, an amount of Shares equal to the product of (i) the quotient determined by dividing (A) the percentage of the Company’s 's then outstanding Common Shares represented by the Shares then held by the Employee by (B) the aggregate percentage of the Company’s 's then outstanding Common Shares represented by the Common Shares then held by the Investor(s) participating in the sale or other transfer described in the Sale Notice and all holders of Common Shares electing to participate in such sale and (ii) the number of Common Shares the prospective transferee has agreed to purchase in the contemplated transaction.
Appears in 2 contracts
Samples: Employee Stock Subscription Agreement (RSC Holdings Inc.), Employee Stock Subscription Agreement (RSC Holdings III, LLC)
Right to Participate. The Employee may elect to participate in the sale or other transfer described in the Sale Notice by giving written notice to the applicable Investors and the Company within 15 days after the Company has given the related Sale Notice to the Employee. If the Employee elects to participate, the Employee will be entitled to sell in the contemplated transaction, at the same price and on the same terms and conditions as set forth in the Sale Notice, an amount of Shares equal to the product of (i) the quotient determined by dividing (A) the percentage of the Company’s then outstanding Common Shares represented by the Shares then held by the Employee by (B) the aggregate percentage of the Company’s then outstanding Common Shares represented by the Common Shares then held by the Investor(s) participating in the sale or other transfer described in the Sale Notice and all holders of Common Shares electing to participate in such sale and (ii) the number of Common Shares the prospective transferee has agreed to purchase in the contemplated transaction.. (c)
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