Common use of Put Price Clause in Contracts

Put Price. Should SNR exercise its Put Right pursuant to Section 8.1(a), the collective Interests held by the SNR Members shall be purchased by the Company at a price (the “Put Price”) equal to (i) the sum of all cash contributions made by the SNR Members to the equity capital of the Company pursuant to and in accordance with this Agreement (the “SNR Capital”), plus (ii) an amount equal to *** per annum return on the contributions described in clause (i) above, from and including the respective dates on which such contributions were made until the date the Put Price is actually paid, calculated on the basis of the actual number of days elapsed from the applicable contribution date to the date the Put Price is actually paid, compounded annually, minus (iii) all distributions (other than tax distributions made pursuant to Section 3.1(b)) previously made or deemed made to the SNR Members by the Company (collectively, the “SNR Return”). Notwithstanding the foregoing, in the event that the Put Right is not exercised pursuant to Section 8.1(a) during the First Put Window, but is exercised during the Second Put Window, then the SNR Return shall be calculated as per above, except that (i) solely for the purposes of calculating that portion of the SNR Return generated during the period commencing on the first day after the end of the First Put Window and until the date of exercise of the Put Right, the *** per annum annual *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. compounded return in effect will be reduced for such calculation period to *** per annum, compounded annually, and (ii) solely for the purposes of calculating that portion of the SNR Return generated during the period commencing on the date on which the Put Right is exercised and to the date the Put Price is actually paid, the *** per annum annual compound return in effect for such calculation period will be reduced for such calculation period to the weighted average per annum return on the SNR Capital as calculated as of the date the Put Right is exercised, compounded annually.

Appears in 1 contract

Sources: Limited Liability Company Agreement (DISH Network CORP)

Put Price. Should SNR NSM exercise its Put Right pursuant to Section 8.1(a), then the collective Interests held by the SNR NSM Members shall be purchased by the Company at a price (the “Put Price”) equal to (i) the sum of all cash contributions made by the SNR NSM Members to the equity capital of the Company pursuant to and in accordance with this Agreement (the “SNR NSM Capital”), plus (ii) an amount equal to *** a twenty percent (20.0%) per annum return on the contributions described in clause (i) above, from and including the respective dates on which such contributions were made until the date the Put Price is actually paid, calculated on the basis of the actual number of days elapsed from the applicable contribution date to the date the Put Price is actually paid, compounded annually, minus (iii) all distributions (other than tax distributions made pursuant to Section 3.1(b3.2(b)) previously made or deemed made to the SNR NSM Members by the Company (collectively, the “SNR NSM Return”). Notwithstanding the foregoing, in the event that if the Put Right is not exercised pursuant to Section 8.1(a) during the First Put Window, but is exercised during the Second Put Window, then the SNR NSM Return shall be calculated as per above, except that (i) solely for the purposes of calculating that portion of the SNR NSM Return generated during the period commencing on the first day after the end of the First Put Window and until the date of exercise of the Put Right, the *** twenty percent (20%) per annum annual *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. compounded return in effect will be reduced for such calculation period to *** ten percent (10%) per annum, compounded annually, and (ii) solely for the purposes of calculating that portion of the SNR NSM Return generated during the period commencing on the date on which the Put Right is exercised and to the date the Put Price is actually paid, the *** twenty percent (20%) per annum annual compound compounded return in effect for such calculation period will be reduced for such calculation period to the weighted average per annum return on the SNR NSM Capital as calculated as of the date the Put Right is exercised, compounded annually.

Appears in 1 contract

Sources: Limited Liability Company Agreement (SNR Wireless LicenseCo, LLC)

Put Price. Should SNR NSM exercise its Put Right pursuant to Section 8.1(a), then the collective Interests held by the SNR NSM Members shall be purchased by the Company at a price (the “Put Price”) equal to (i) the sum of all cash contributions made by the SNR NSM Members to the equity capital of the Company pursuant to and in accordance with this Agreement (the “SNR NSM Capital”), plus (ii) an amount equal to a *** per annum return on the contributions described in clause (i) above, from and including the respective dates on which such contributions were made until the date the Put Price is actually paid, calculated on the basis of the actual number of days elapsed from the applicable contribution date to the date the Put Price is actually paid, compounded annually, minus (iii) all distributions (other than tax distributions made pursuant to Section 3.1(b3.2(b)) previously made or deemed made to the SNR NSM Members by the Company (collectively, the “SNR NSM Return”). Notwithstanding the foregoing, in the event that if the Put Right is not exercised pursuant to Section 8.1(a) during the First Put Window, but is exercised during the Second Put Window, then the SNR NSM Return shall be calculated as per above, except that (i) solely for the purposes of calculating that portion of the SNR Return generated during the period commencing on the first day after the end of the First Put Window and until the date of exercise of the Put Right, the *** per annum annual *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. calculating that portion of the NSM Return generated during the period commencing on the first day after the end of the First Put Window and until the date of exercise of the Put Right, the *** per annum annual compounded return in effect will be reduced for such calculation period to *** per annum, compounded annually, and (ii) solely for the purposes of calculating that portion of the SNR NSM Return generated during the period commencing on the date on which the Put Right is exercised and to the date the Put Price is actually paid, the *** per annum annual compound compounded return in effect for such calculation period will be reduced for such calculation period to the weighted average per annum return on the SNR NSM Capital as calculated as of the date the Put Right is exercised, compounded annually.

Appears in 1 contract

Sources: Limited Liability Company Agreement (DISH Network CORP)

Put Price. Should SNR exercise its Put Right pursuant to Section 8.1(a), the collective Interests held by the SNR Members shall be purchased by the Company at a price (the “Put Price”) equal to (i) the sum of all cash contributions made by the SNR Members to the equity capital of the Company pursuant to and in accordance with this Agreement (the “SNR Capital”), plus (ii) an amount equal to *** a twenty percent (20%) per annum return on the contributions described in clause (i) above, from and including the respective dates on which such contributions were made until the date the Put Price is actually paid, calculated on the basis of the actual number of days elapsed from the applicable contribution date to the date the Put Price is actually paid, compounded annually, minus (iii) all distributions (other than tax distributions made pursuant to Section 3.1(b)) previously made or deemed made to the SNR Members by the Company (collectively, the “SNR Return”). Notwithstanding the foregoing, in the event that the Put Right is not exercised pursuant to Section 8.1(a) during the First Put Window, but is exercised during the Second Put Window, then the SNR Return shall be calculated as per above, except that (i) solely for the purposes of calculating that portion of the SNR Return generated during the period commencing on the first day after the end of the First Put Window and until the date of exercise of the Put Right, the *** twenty percent (20%) per annum annual *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. compounded return in effect will be reduced for such calculation period to *** twelve percent (12%) per annum, compounded annually, and (ii) solely for the purposes of calculating that portion of the SNR Return generated during the period commencing on the date on which the Put Right is exercised and to the date the Put Price is actually paid, the *** twenty percent (20%) per annum annual compound return in effect for such calculation period will be reduced for such calculation period to the weighted average per annum return on the SNR Capital as calculated as of the date the Put Right is exercised, compounded annually.

Appears in 1 contract

Sources: Limited Liability Company Agreement (SNR Wireless LicenseCo, LLC)