Final Exercise Notice definition
Examples of Final Exercise Notice in a sentence
Such exercise shall be made by FibroGen delivering to Fortis written notice of such exercise in the form of Exhibit F before the Option Exercise Deadline (such notice, the “Exercise Notice”) and a subsequent Final Exercise Notice pursuant to Section 3.2(b).
If, in the Final Exercise Notice, WMUS elects to exercise the Option, the parties shall proceed to a closing of the transaction as provided in paragraphs (d) and (e) below.
FibroGen has no obligation to consummate the transactions contemplated by this Option Agreement at any time prior to FibroGen’s delivery of the Final Exercise Notice to Fortis.
If FibroGen does not deliver a Final Exercise Notice or a Rejection Notice prior to the expiration of the Due Diligence Review Period, then FibroGen shall be deemed to have sent a Rejection Notice.
If an exercise of the WM Partner Purchase Right is not closed after WM Partner has delivered the Final Exercise Notice because of a failure of the Partnership to satisfy a condition precedent to WM Partner’s obligation to close and WM Partner does not waive such condition, then WM Partner may elect not to close, provided, however, that WM Partner shall have no liability and WM Partner’s rights with respect to the WM Partner Purchase Right shall not be prejudiced in any way.