Common use of Adjustment for Failure to Exercise Option Clause in Contracts

Adjustment for Failure to Exercise Option. In the event that the Company or its designee fails to exercise its option as provided in Section 3(c)(i), the Threshold Percentage shall be increased to a percentage equal to the percentage of the Voting Power held by the Investor Group upon the expiration of the right to exercise such option by the Company or such designee.

Appears in 3 contracts

Sources: Investor Agreement (Voicestream Wireless Corp), Investor Agreement (Voicestream Wireless Holding Corp), Investor Agreement (Sonera Corp)

Adjustment for Failure to Exercise Option. In the event that the Company or its designee fails to exercise its option as provided in Section 3(c)(i3(d)(i), the Threshold Percentage shall be increased to a percentage equal to the percentage of the Actual Voting Power held by the Investor Group upon the expiration of the right to exercise such option by the Company or such designee.

Appears in 2 contracts

Sources: Investor Agreement (Voicestream Wireless Corp /De), Investor Agreement (Hutchison Whampoa LTD /Wav)

Adjustment for Failure to Exercise Option. In the event that the ----------------------------------------- Company or its designee fails to exercise its option as provided in Section 3(c)(i4(a), the Threshold Percentage shall be increased to a percentage equal to the percentage of the Actual Voting Power held by the Investor Group upon the expiration of the Company's right to exercise such option by the Company or such designeeoption.

Appears in 1 contract

Sources: Standstill Agreement (Chemdex Corp)

Adjustment for Failure to Exercise Option. In the event that the Company or its designee fails to exercise its option as provided in Section 3(c)(i4(a), the Threshold Percentage shall be increased to a percentage equal to the percentage of the Actual Voting Power held by the Investor Group upon the expiration of the Company’s right to exercise such option by the Company or such designeeoption.

Appears in 1 contract

Sources: Standstill Agreement (Jones Kenneth E)