Grouped Into 4 Collections of Similar Clauses From Business Contracts
This page contains Payment of Purchase Price clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Payment of Purchase Price. (a) Method of Payment. Payment of the purchase price for shares purchased upon exercise of this option shall be made (i) by delivery to the Company, or to the online service designated by the Company, of an amount equal to the purchase price of such shares, (ii) by delivery to the Company of shares of Common Stock of the Company (either actually or by attestation) then owned by the Optionee for at least 6 months (or any shorter period sufficient to avoid a charge to the Company's earnings for fi...nancial reporting purposes) or delivery of other consideration having a fair market value equal in amount to the purchase price of such shares, (iii) to the extent permitted by the Company's Board of Directors, in its sole discretion, by delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the purchase price and any required tax withholding, or delivery by the Optionee to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the purchase price and any required tax withholding; or (iv) by any combination of cash, such shares of Common Stock of the Company, and other consideration as the Board may specify. (b) Valuation of Shares or Other Non-Cash Consideration Tendered in Payment of Purchase Price. For the purposes hereof, the fair market value of any share of the Company's Common Stock or other non-cash consideration which may be delivered to the Company in exercise of this option shall be determined as provided in the Plan. (c) Delivery of Shares Tendered in Payment of Purchase Price. If the Optionee exercises options by delivery of shares of Common Stock of the Company, any certificate or certificates representing the shares of Common Stock of the Company to be delivered shall be duly executed in blank by the Optionee or shall be accompanied by a stock power duly executed in blank suitable for purposes of transferring such shares to the Company, and any electronic delivery of shares shall be in a manner sufficient for purposes of transferring such shares to the Company. Fractional shares of Common Stock of the Company will not be accepted in payment of the purchase price of shares acquired upon exercise of this option. 5. Delivery of Shares; Compliance with Securities Laws, Etc. (a) General. The Company shall, upon payment of the option price for the number of shares purchased and paid for, make prompt delivery of such shares to the Optionee, provided that if any law or regulation requires the Company to take any action with respect to such shares before the issuance thereof, then the date of delivery of such shares shall be extended for the period necessary to complete such action. (b) Listing, Qualification, Etc. This option shall be subject to the requirement that if, at any time, counsel to the Company shall determine that the listing, registration or qualification of shares subject hereto upon any securities exchange or under any state or federal law, or the consent or approval of any governmental or regulatory body, or that the disclosure of non-public information or the satisfaction of any other condition is necessary as a condition of, or in connection with, the issuance or purchase of shares hereunder, this option may not be exercised, in whole or part, unless such listing, registration, qualification, consent or approval, disclosure or satisfaction of such other condition shall have been effected or obtained on terms acceptable to the Board of Directors. Nothing herein shall be deemed to require the Company to apply for, effect disclosure, or to satisfy such other condition.View More
Payment of Purchase Price. (a) Method of Payment. Payment of the purchase price for shares purchased upon exercise of this option shall be made (i) by delivery to the Company, Company of cash or check payable to the online service designated by order of the Company, of Company in an amount equal to the purchase price of such shares, (ii) or, if the Optionholder elects and the Company permits, by delivery to the Company of shares of Common Stock of the Company (either actually or by attestation) then owned by the Optionee ...for at least 6 months (or any shorter period sufficient to avoid a charge to the Company's earnings for financial reporting purposes) or delivery of other consideration having a fair market value equal in amount to the purchase price of such shares, (iii) to the extent permitted shares or by entering into a "net exercise" arrangement. Another method of payment may be used if authorized by the Company's Board of Directors, in its sole discretion, by delivery of an irrevocable Plan and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the purchase price and any required tax withholding, or delivery by the Optionee to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the purchase price and any required tax withholding; or (iv) by any combination of cash, such shares of Common Stock of the Company, and other consideration as the Board may specify. permits. (b) Valuation of Shares or Other Non-Cash Consideration Tendered in Payment of Purchase Price. For the purposes hereof, the fair market value of any share of the Company's Common Stock or other non-cash consideration which may to be delivered to the Company in exercise of this option shall be determined as provided in good faith by the Board of Directors of the Company, in accordance with the terms of the Plan. (c) Delivery of Shares Tendered in Payment of Purchase Price. If the Optionee exercises Optionholder elects to exercise options by delivery of shares of Common Stock of the Company, any the certificate or certificates representing the shares of Common Stock of the Company to be delivered shall be duly executed in blank by the Optionee Optionholder or shall be accompanied by a stock power duly executed in blank suitable for purposes of transferring such shares to the Company, and any electronic delivery of shares shall be in a manner sufficient for purposes of transferring such shares to the Company. Fractional shares of Common Stock of the Company will not be accepted in payment of the purchase price of shares acquired upon exercise of this option. 5. 2 4. Delivery of Shares; Compliance with Securities Laws, Etc. (a) General. Shares. The Company shall, upon payment of the option purchase price for the number of shares purchased and paid for, make prompt delivery of such shares to the Optionee, Optionholder, provided that if any law or regulation requires the Company to take any action with respect to such shares before the issuance thereof, then the date of delivery of such shares shall be extended for the period necessary to complete such action. (b) Listing, Qualification, Etc. This option No shares shall be subject to issued and delivered upon exercise of any option unless and until, in the requirement that if, at opinion of counsel for the Company, any time, counsel to applicable registration requirements of the Company shall determine that the listing, registration or qualification Securities Act of shares subject hereto upon 1933, any applicable listing requirements of any national securities exchange on which stock of the same class is then listed, and any other requirements of law or under any state or federal law, or the consent or approval of any governmental or regulatory body, or that the disclosure of non-public information or the satisfaction of any other condition is necessary as a condition of, or in connection with, the bodies having jurisdiction over such issuance or purchase of shares hereunder, this option may not be exercised, in whole or part, unless such listing, registration, qualification, consent or approval, disclosure or satisfaction of such other condition and delivery, shall have been effected or obtained on terms acceptable to the Board of Directors. Nothing herein shall be deemed to require the Company to apply for, effect disclosure, or to satisfy such other condition. fully complied with. View More
Payment of Purchase Price. (a) Method of Payment. Payment of the purchase price for shares purchased upon exercise of this option shall be made made: (i) by delivery to the Company, Corporation of cash or a check to the online service designated by order of the Company, of Corporation in an amount equal to the purchase price of such shares, (ii) subject to the consent of the Corporation, by delivery to the Company Corporation of shares of Common Stock of the Company (either actually or by attestation) Corporation then own...ed by the Optionee for at least 6 months (or any shorter period sufficient to avoid a charge to the Company's earnings for financial reporting purposes) or delivery of other consideration having a fair market value equal in amount to the purchase price of such shares, (iii) to by any other means which the extent permitted Administrator (as that term is defined in the Plan) determines are consistent with the purpose of the Plan and with applicable laws and regulations (including, without limitation, the provisions of Rule 16b-3 under the Securities Exchange Act of 1934 and Regulation T promulgated by the Company's Board of Directors, in its sole discretion, by delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the purchase price and any required tax withholding, or delivery by the Optionee to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the purchase price and any required tax withholding; Federal Reserve Board), or (iv) by any combination of cash, such shares methods of Common Stock of the Company, and other consideration as the Board may specify. payment. (b) Valuation of Shares or Other Non-Cash Consideration Tendered in Payment of Purchase Price. For the purposes hereof, the fair market value of any share of the Company's Corporation's Common Stock or other non-cash consideration which may be delivered to the Company Corporation in exercise of this option shall be determined as provided in good faith by the Plan. Administrator. (c) Delivery of Shares Tendered in Payment of Purchase Price. If the Optionee exercises options by delivery of shares of Common Stock of the Company, any Corporation, the certificate or certificates representing the shares of Common Stock of the Company Corporation to be delivered shall be duly executed in blank by the Optionee or shall be accompanied by a stock power duly executed in blank suitable for purposes of transferring such shares to the Company, and any electronic delivery of shares shall be in a manner sufficient for purposes of transferring such shares to the Company. Corporation. Fractional shares of Common Stock of the Company Corporation will not be accepted in payment of the purchase price of shares acquired upon exercise of this option. (d) Restrictions on Use of Option Stock. Notwithstanding the foregoing, no shares of Common Stock of the Corporation may be tendered in payment of the purchase price of shares purchased upon exercise of this option if the shares to be so tendered were acquired within twelve (12) months before the date of such tender through the exercise of an option granted under the Plan or any other stock option or restricted stock plan of the Corporation. 3 5. Delivery of Shares; Compliance with With Securities Laws, Etc. (a) General. The Company Corporation shall, upon payment of the option price for the number of shares purchased and paid for, make prompt delivery of such shares to the Optionee, provided that if any law or regulation requires the Company Corporation to take any action with respect to such shares before the issuance thereof, then the date of delivery of such shares shall be extended for the period necessary to complete such action. (b) Listing, Qualification, Etc. This option shall be subject to the requirement that if, at any time, counsel to the Company Corporation shall determine that the listing, registration or qualification of the shares subject hereto upon any securities exchange or under any state or federal law, or the consent or approval of any governmental or regulatory body, or that the disclosure of non-public information or the satisfaction of any other condition is necessary as a condition of, or in connection with, the issuance or purchase of shares hereunder, this option may not be exercised, in whole or in part, unless such listing, registration, qualification, consent or approval, disclosure or satisfaction of such other condition shall have been effected or obtained on terms acceptable to the Board of Directors. Administrator. Nothing herein shall be deemed to require the Company Corporation to apply for, effect or obtain such listing, registration, qualification, or disclosure, or to satisfy such other condition. View More
Payment of Purchase Price. (a) Method of Payment. Payment of the purchase price for shares Shares purchased upon exercise of this option Option shall be made (i) by delivery to the Company, or to the online service designated by the Company, of an amount equal to the purchase price of such shares, Shares, (ii) by delivery to the Company of shares of Common Stock of the Company Shares (either actually or by attestation) then owned by the Optionee for at least 6 months (or any shorter period sufficient to avoid a charge to ...the Company's earnings for financial reporting purposes) or delivery of other consideration having a fair market value equal in amount to the purchase price of such shares, Shares, (iii) to the extent permitted by the Company's Board of Directors, Board, in its sole discretion, by delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the purchase price and any required tax withholding, Tax-Related Items (as defined below), or delivery by the Optionee to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the purchase price and any required tax withholding; Tax-Related Items; or (iv) by any combination of cash, such shares of Common Stock of the Company, Shares, and other consideration as the Board may specify. (b) Valuation of Shares or Other Non-Cash Consideration Tendered in Payment of Purchase Price. For the purposes hereof, the fair market value of any share of the Company's Common Stock Shares or other non-cash consideration which may be delivered to the Company in exercise of this option Option shall be determined as provided in the Plan. (c) Delivery of Shares Tendered in Payment of Purchase Price. If the Optionee exercises options Options by delivery of shares of Common Stock of the Company, Shares, any certificate or certificates representing the shares of Common Stock of the Company Shares to be delivered shall be duly executed in blank by the Optionee or shall be accompanied by a stock power duly executed in blank suitable for purposes of transferring such shares to the Company, Shares, and any electronic delivery of shares Shares shall be in a manner sufficient for purposes of transferring such shares Shares to the Company. Fractional shares of Common Stock of the Company Shares will not be accepted in payment of the purchase price of shares Shares acquired upon exercise of this option. 5. Delivery of Shares; Compliance with Securities Laws, Etc. (a) General. The Company shall, upon payment of the option price for the number of shares purchased and paid for, make prompt delivery of such shares to the Optionee, provided that if any law or regulation requires the Company to take any action with respect to such shares before the issuance thereof, then the date of delivery of such shares shall be extended for the period necessary to complete such action. (b) Listing, Qualification, Etc. This option shall be subject to the requirement that if, at any time, counsel to the Company shall determine that the listing, registration or qualification of shares subject hereto upon any securities exchange or under any state or federal law, or the consent or approval of any governmental or regulatory body, or that the disclosure of non-public information or the satisfaction of any other condition is necessary as a condition of, or in connection with, the issuance or purchase of shares hereunder, this option may not be exercised, in whole or part, unless such listing, registration, qualification, consent or approval, disclosure or satisfaction of such other condition shall have been effected or obtained on terms acceptable to the Board of Directors. Nothing herein shall be deemed to require the Company to apply for, effect disclosure, or to satisfy such other condition. Option. View More
Payment of Purchase Price. a. In consideration of the transfer by Merchant to Purchaser of the Sold Future Receipts, Purchaser agrees to pay to Merchant the Purchase Price; subject to the immediately following subsection (b) and the satisfactory completion of Purchaser's due diligence (in its discretion), the Purchase Price shall be turned over and delivered to Merchant immediately after the date of this Agreement. b. In the event as of the date when Purchaser shall deliver to Merchant the Purchase Price, Merchant shall h...ave owed to Purchaser a certain amount of debt unrelated to his Agreement or certain sums pursuant to this Agreement including without limitation any and all origination fees. (the sum of all such prior obligations of Merchant to Purchaser, the "Prior Debt") Merchant hereby grants Purchaser the right to withhold from the Purchase Price to be delivered to Merchant pursuant to subparagraph (a) above, the amount of the Prior Debt in full satisfaction thereof. Furthermore, Merchant agrees that delivery to the Merchant of the Purchase Price reduced by the amount of the Prior Debt shall not be deemed to be Purchaser's breach of its obligations under this Agreement and such reduction shall not in any way or form shall modify or reduce Merchant's obligations under this Agreement. c. In the event the amount of the Purchase Price is reduced by the amount of Prior Debt, any and all references in this Agreement to the Purchase Price shall mean "the Purchase Price as reduced by the Prior Debt, if any." II. DELIVERY OF SOLD AMOUNT OF FUTURE RECEIPTS: 3. Daily Deliveries. The Sold Amount of Future Receipts shall be delivered to Purchaser in equal amounts of Daily Delivery. The Daily Deliveries shall be made on each on each and every Business Day commencing on the Commencement Date. The amount of the Daily Delivery is subject to Merchant's right for adjustment and/or reconciliation set forth in this Agreement. The last Daily Delivery shall be made when the Sold Amount of Future Receipts and other amounts due to Purchaser under this Agreement (if any) are delivered to Purchaser in full.View More
Payment of Purchase Price. a. In a.In consideration of the transfer by Merchant to Purchaser of the Sold Future Receipts, Purchaser agrees to pay to Merchant the Purchase Price; subject to the immediately following subsection (b) and the satisfactory completion of Purchaser's due diligence (in its discretion), the Purchase Price shall be turned over and delivered to Merchant immediately after the date of this Agreement. b. In the event as of the date when Purchaser shall deliver to Merchant the Purchase Price, Merchant sh...all have owed to Purchaser a certain amount of debt unrelated to his Agreement or certain sums pursuant to this Agreement including without limitation any and all origination fees. (the sum of all such prior obligations of Merchant to Purchaser, the "Prior Debt") Merchant hereby grants Purchaser the right to withhold from the Purchase Price to be delivered to Merchant pursuant to subparagraph (a) above, the amount of the Prior Debt in full satisfaction thereof. Furthermore, Merchant agrees that delivery to the Merchant of the Purchase Price reduced by the amount of the Prior Debt shall not be deemed to be Purchaser's breach of its obligations under this Agreement and such reduction shall not in any way or form shall modify or reduce Merchant's obligations under this Agreement. c. In c.In the event the amount of the Purchase Price is reduced by the amount of Prior Debt, any and all references in this Agreement to the Purchase Price shall mean "the Purchase Price as reduced by the Prior Debt, if any." Page: 3 Deal Application ID : 120949 II. DELIVERY OF SOLD AMOUNT OF FUTURE RECEIPTS: 3. Daily Deliveries. The Sold Amount of Future Receipts shall be delivered to Purchaser in equal amounts of Daily Delivery. The Daily Deliveries shall be made on each on each and every Business Day commencing starting on the Commencement Date. Date, which is the date in which the Purchaser sets forth that Daily Deliveries are scheduled to begin. It should be noted that the Commencement Date shall be established by the Purchaser and shall be with no later than 15 days following the date in which the Purchase Price (less the Origination Fees) are sent to the Merchant. The amount of the Daily Delivery is subject to Merchant's right for adjustment and/or reconciliation set forth in this Agreement. The last Daily Delivery shall be made when the Sold Amount of Future Receipts and other amounts due to Purchaser under this Agreement (if any) are delivered to Purchaser in full. View More
Payment of Purchase Price. The Purchase Price shall be paid to Seller by Purchaser as follows: 3.1Deposit. Within one (1) Business Day (as hereinafter defined) after the Effective Date, Purchaser shall deposit with First American Title Insurance Company, 3281 East Guasti Road, Suite 440, Ontario, California 91761, Attention: Christine Siegel (in its capacity as escrow agent, "Escrowee"), by wire transfer of immediately available federal funds to an account designated by Escrowee, the sum of Ten Million and No/100 Dollars ...($10,000,000.00) (together with all interest thereon, but excluding the Independent Consideration (as hereinafter defined), the "Initial Deposit"), which Initial Deposit shall be held by Escrowee pursuant to the escrow agreement (the "Escrow Agreement") attached hereto as Exhibit P. If Purchaser shall fail to deposit the Initial Deposit with Escrowee within one (1) Business Day after the Effective Date, then at Seller's election, this Agreement shall be null, void ab initio and of no force or effect. The Initial Deposit and, if the Extension Deposit is delivered by Purchaser to Escrowee in accordance with Section 5 of this Agreement, the Extension Deposit, shall be referred to herein, collectively, as the "Deposit." The Deposit shall be nonrefundable to Purchaser, except as otherwise expressly provided to the contrary in this Agreement. 3.2Independent Consideration. A portion of the Deposit in the amount of One Thousand Dollars ($1,000) (the "Independent Consideration") shall be earned by Seller upon execution and delivery of this Agreement by Seller and Purchaser. Seller and Purchaser hereby mutually acknowledge and agree that the Independent Consideration represents adequate bargained for consideration for Seller's execution and delivery of this Agreement and Purchaser's exclusive right to purchase the Property pursuant to the terms of this Agreement. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement and is nonrefundable in all events. Upon the Closing or the termination of this Agreement, the Independent Consideration shall be paid to Seller. 3.3Closing Payment. The Purchase Price, as adjusted by the application of the Deposit and by the prorations and credits specified herein, shall be paid by Purchaser, by wire transfer of immediately available federal funds to an account or accounts designated in writing by Seller on the Closing Date (as hereinafter defined) (the amount being paid under this Section 3.3 being herein called the "Closing Payment").View More
Payment of Purchase Price. The Purchase Price shall be paid to Seller by Purchaser as follows: 3.1Deposit. Within one (1) two (2) Business Day Days (as hereinafter defined) after the Effective Date, Purchaser shall deposit with First American Chicago Title Insurance Company, 3281 East Guasti Road, Suite 440, Ontario, California 91761, Attention: Christine Siegel (in its capacity as escrow agent, "Escrowee"), Company ("Escrowee"), by wire transfer of immediately available federal funds to an account designated by Escrowee,... Escrowee (the "Escrow Account"), the sum of Ten Million Five Hundred Thousand and No/100 00/100 Dollars ($10,000,000.00) ($500,000) (together with all interest thereon, but excluding the Independent Consideration (as hereinafter defined), the "Initial Deposit"), "Deposit"), which Initial Deposit shall be held by Escrowee pursuant to the escrow agreement (the "Escrow Agreement") attached hereto as Exhibit P. M and hereby made a part hereof. If Purchaser shall fail to deposit the Initial Deposit with Escrowee within one (1) two (2) Business Day Days after the Effective Date, then at Seller's election, this Agreement shall be null, void ab initio and of no force or effect. The Initial Deposit and, if the Extension Deposit is delivered by Purchaser to Escrowee in accordance with Section 5 of this Agreement, the Extension Deposit, shall be referred to herein, collectively, as the "Deposit." The Deposit shall be nonrefundable to Purchaser, except as otherwise expressly provided to the contrary in this Agreement. 3.2Independent Consideration. A portion of the Deposit amount deposited by Purchaser pursuant to Section 3.1, in the amount of One Thousand Hundred Dollars ($1,000) ($100) (the "Independent Consideration") shall be earned by Seller upon execution and delivery of this Agreement by Seller and Purchaser. Seller and Purchaser hereby mutually acknowledge and agree that the Independent Consideration represents adequate bargained for consideration for Seller's execution and delivery of this Agreement and Purchaser's exclusive right to purchase have inspected the Property pursuant to the terms of this Agreement. The Independent Consideration is in addition to and independent of any other consideration or payment provided for in this Agreement and is nonrefundable in all events. Upon the Closing (as hereinafter defined) or the termination of this Agreement, the Independent Consideration shall be paid to Seller. 3.3Closing Payment. The Purchase Price, as adjusted by the application of the Deposit and by the prorations and credits specified herein, shall be paid by Purchaser, by wire transfer of immediately available federal funds to an account or accounts designated in writing by Seller on the Closing Date (as hereinafter defined) (the amount being paid under this Section 3.3 being herein called the "Closing Payment"). View More
Payment of Purchase Price. The Purchase Price to be paid by Buyer to Seller shall be paid by wire transfer of immediately available funds in the amount of the Purchase Price plus or minus prorations, credits and adjustments as provided in Section 4 and elsewhere in this Agreement to Escrow Agent, at the time of Closing, or as otherwise agreed to between Buyer and Seller.
Payment of Purchase Price. Unless otherwise agreed between Buyer and Sellers, the Purchase Price to be paid by Buyer to Sellers shall be paid as follows: (a) Within three (3) business days following the Effective Date, Buyer shall wire the Earnest Money to Escrow Agent as set forth in Section 1(d) above. If Buyer fails timely to deposit any portion of the Earnest Money within the time period required, such failure shall, at the election of Sellers made by written notice to Buyer at any time prior to the deposit of the app...licable portion of the Earnest Money by Buyer, be deemed an immediate default hereunder by Buyer. (b) At the Closing, Buyer shall wire the balance of the Purchase Price to Escrow Agent by wire transfer of immediately available funds plus or minus prorations, credits and adjustments as provided in Section 4 and elsewhere in this Agreement. (c) The Purchase Price to be paid by Buyer to Seller Sellers shall be paid by wire transfer of immediately available funds in the amount of the Purchase Price plus or minus prorations, credits and adjustments as provided in Section 4 and elsewhere in this Agreement to Escrow Agent, at the time of Closing, or as otherwise agreed to between Buyer and Seller. Sellers. View More
