Common use of The Share Issuance Clause in Contracts

The Share Issuance. Upon the terms and subject to the conditions set forth herein, in the Share Issuance (i) Protection One shall issue and transfer to Western the Acquired Shares and (ii) in consideration therefor, Western shall contribute to Protection One the Subsidiary Shares and the Cash Amount. Without limiting the generality of the foregoing, Protection One and Western acknowledge and agree that up to $10 million of the Cash Amount may be contributed in the form of securities (the "Investment Shares") issued by one or more entities engaged in the business of selling and servicing residential or commercial monitoring and response security systems which securities are listed for trading on a national securities exchange or quoted on an interdealer quotation system. Each such Investment Share so contributed by Western shall be valued at the higher of (i) the closing sale price thereof on a national securities exchange or interdealer quotation system two business days prior to the Closing Date and (ii) the historical price at which Western or one of its Subsidiaries purchased such Investment Share. Except for any Investment Shares contributed by Western in accordance with this Section 1.1, the Cash Amount shall be contributed entirely in cash. The closing of the Share Issuance (the "Closing") shall take place as promptly as practicable after the satisfaction or waiver of the conditions set forth in

The Share Issuance. Upon the terms and subject to the conditions set forth herein, in the Share Issuance (i) Protection One shall issue and transfer to Western the Acquired Shares and (ii) in consideration therefor, Western shall contribute to Protection One the Subsidiary Shares and the Cash Amount. Without limiting the generality of the foregoing, Protection One and Western acknowledge and agree that up to $10 million of the Cash Amount may be contributed in the form of securities (the "Investment Shares") issued by one or more entities engaged in the business of selling and servicing residential or commercial monitoring and response security systems which securities are listed for trading on a national securities exchange or quoted on an interdealer quotation system. Each such Investment Share so contributed by Western shall be valued at the higher of (i) the closing sale price thereof on a national securities exchange or interdealer quotation system two business days prior to the Closing Date and (ii) the historical price at which Western or one of its Subsidiaries purchased such Investment Share. Except for any Investment Shares contributed by Western in accordance with this Section 1.1, the Cash Amount shall be contributed entirely in cash. The closing of the Share Issuance (the "Closing") shall take place as promptly as practicable after the satisfaction or waiver of the conditions set forth inthe