Redemption of Stock Appreciation Right and Payment of Exercise Amount Sample Clauses

Redemption of Stock Appreciation Right and Payment of Exercise Amount. (a) Subject to Section 1.3(c), in the event that this Stock Appreciation Right is exercised in accordance with Section 1.2 on or after April 1, 2014 (or such earlier date as all indebtedness and other amounts outstanding under the Loan Documents has been repaid in full), the Company will promptly, and in any event within five Business Days, redeem the portion of this Stock Appreciation Right exercised in accordance with Section 1.2 and pay to the Exercising Person an amount (the “Exercise Amount”) in cash equal to (a) the number of Share Equivalents for which this Stock Appreciation Right is being exercised, as set forth in the applicable Exercise Notice, multiplied by (b) an amount equal to the excess, if any, of (i) the Average VWAP for the 20 Trading Days preceding, but not including, the date upon which the applicable Exercise Notice is delivered to the Company over (ii) the Base Price as then in effect. The Exercise Amount will be paid by the Company to the Exercising Person pursuant to this Section 1.3(a) by wire transfer of immediately available funds to a bank account designated by the Exercising Person in its Exercise Notice. (b) Subject to Section 1.3(c), in the event that this Stock Appreciation Right is exercised in accordance with Section 1.2 prior to April 1, 2014, the Company will pay the Exercise Amount by delivery to the Exercising Person of a promissory note (an “Exercise Note”) having an initial principal amount equal to Exercise Amount. Each Exercise Note will provide that the Company will redeem the portion of the Stock Appreciation Right exercised in accordance with Section 1.2 on April 1, 2014, will provide for a single payment of principal on April 1, 2014 and will bear interest at a rate per annum (payable on maturity) that is 2% greater than the highest rate of interest payable under any debt facility or debt instrument issued by the Company that ranks senior to this Stock Appreciation Right; provided that such interest rate can never be lower than 10%. Each Exercise Note will provide for customary events of default, will require payment in full upon any the occurrence of any Change in Control Event and may be prepaid by the Company at any time prior to maturity without premium or penalty. The Company will use its reasonable best efforts to promptly cause each Exercise Note to be secured by a third priority security interest in and to the collateral securing the Company’s obligations under the Loan Documents (including any amendme...
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Related to Redemption of Stock Appreciation Right and Payment of Exercise Amount

  • Payment of Exercise Price In the event that the holder has elected a Cash Exercise with respect to some or all of the Warrant Shares to be issued pursuant hereto, the holder shall pay the Aggregate Exercise Price in the sum of $___________________ to the Company in accordance with the terms of the Warrant.

  • Method of Exercise and Payment Subject to Section 8 hereof, to the extent that the Option has become vested and exercisable with respect to a number of shares of Common Stock as provided herein, the Option may thereafter be exercised by the Participant, in whole or in part, at any time or from time to time prior to the expiration of the Option as provided herein and in accordance with Sections 6.4(c) and 6.4(d) of the Plan, including, without limitation, by the filing of any written form of exercise notice as may be required by the Committee and payment in full of the Per Share Exercise Price specified above multiplied by the number of shares of Common Stock underlying the portion of the Option exercised.

  • Vesting and Exercisability of Option The Option shall vest, and may be exercised, with respect to the Shares as set forth in the Optionee Statement attached hereto and made a part hereof, subject to earlier termination of the Option as provided in Sections 1.4 and 6 hereof or in the Plan. The right to purchase the Shares as they become vested shall be cumulative and shall continue during the Exercise Term unless sooner terminated as provided herein.

  • Method of Exercise Payment Issuance of New Warrant;

  • Stock Distribution /Rights Exercise Fee by any Holder of ADS(s), a fee not in excess of U.S. $5.00 per 100 ADSs (or fraction thereof) held for the distribution of ADSs pursuant to (a) stock dividends or other free stock distributions, or (b) an exercise of rights to purchase additional ADSs;