Common use of Option to Purchase Additional Units Clause in Contracts

Option to Purchase Additional Units. From the Closing Date through and including December 31, 2013 (the “Option Period”), FNF will have the option (the “FNF Option”), but not the obligation, to purchase from the Seller 15,287 Units of the Company (the “FNF Option Units”) in exchange for $6,000,000 (the “FNF Option Price”). FNF may exercise the FNF Option at any time during the Option Period by providing notice to the Seller of such exercise in accordance with Section 9(f) (the “FNF Option Exercise Notice”). No later than five (5) days after the delivery of the FNF Option Exercise Notice, (A) FNF shall deliver to the Seller the FNF Option Price for the FNF Option Units and (B) the Seller shall deliver to FNF, the FNF Option Units, free from all taxes, liens and charges, together with a certificate evidencing ownership of the FNF Option Units, duly endorsed in blank or accompanied by an irrevocable transfer power. FNF may assign the FNF Option to any third party without the consent of the Seller.

Appears in 1 contract

Sources: Unit Purchase Agreement (Ecosphere Technologies Inc)

Option to Purchase Additional Units. From For a period of ninety (90) days after the Closing Date through and including December 31, 2013 (the “Option Period”), FNF will have the option (the “FNF Option”), but not the obligation, to purchase from the Seller 15,287 10,191 Units of the Company (the “FNF Option Units”) in exchange for $6,000,000 4,000,000 (the “FNF Option Price”). FNF may exercise the FNF Option at any time during the Option Period by providing notice to the Seller of such exercise in accordance with Section 9(f) (the “FNF Option Exercise Notice”). No later than five (5) days after the delivery of the FNF Option Exercise Notice, (A) FNF shall deliver to the Seller the FNF Option Price for the FNF Option Units and (B) the Seller shall deliver to FNF, the FNF Option Units, free from all taxes, liens and charges, together with a certificate evidencing ownership of the FNF Option Units, duly endorsed in blank or accompanied by an irrevocable transfer power. FNF may assign the FNF Option to any third party without the consent of the Seller.

Appears in 1 contract

Sources: Unit Purchase Agreement (Ecosphere Technologies Inc)