Montana Call Agreement between Kelso and Company, LP, Unilab Corporation and Bankers Trust Company

State:
Multi-State
Control #:
US-EG-9198
Format:
Word; 
Rich Text
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Description

Capital Call Agreement between Kelso and Company, LP, Unilab Corporation and Bankers Trust Company dated November 23, 1999. 12 pages

The Montana Call Agreement is a legally binding contract that establishes the terms and conditions between Also and Company, LP, Unilab Corporation, and Bankers Trust Company. This agreement outlines the specific rights, obligations, and responsibilities of all parties involved. Under the Montana Call Agreement, Also and Company, LP, as the primary party, agrees to exercise its option to purchase a certain number of shares of Unilab Corporation's stock. This option is granted by Bankers Trust Company, acting as the intermediary, who holds the shares in custody. The core purpose of this agreement is to allow Also and Company, LP, the opportunity to buy Unilab Corporation's stock at a predetermined price called the exercise price. This price is set based on the market value, ensuring fairness for all parties involved. In addition to the basic provisions mentioned above, there may be variations of the Montana Call Agreement between Also and Company, LP, Unilab Corporation, and Bankers Trust Company. These variations include: 1. Montana Call Agreement with Call Option: This agreement includes a provision allowing Also and Company, LP, to exercise its right to purchase the shares at any time during a specified period. This type of agreement provides flexibility and reduces the risk of missing out on favorable market conditions. 2. Montana Call Agreement with Closed-End Fund: In this scenario, Also and Company, LP, is a closed-end fund that enters into a Montana Call Agreement with Unilab Corporation and Bankers Trust Company. Closed-end funds have a fixed number of shares, which can provide unique challenges and considerations when executing the call option. 3. Montana Call Agreement with Protective Provisions: This type of agreement includes additional protective provisions that grant Also and Company, LP, certain rights to ensure its interests are safeguarded. Such provisions may include restrictions on Unilab Corporation's ability to dilute shares or make significant corporate decisions without prior approval from Also and Company, LP. It is important for all parties involved to thoroughly understand and adhere to the terms set forth in the Montana Call Agreement. Any disputes or issues arising from the agreement can be resolved through arbitration or other agreed-upon methods as outlined in the contract. Legal counsel is advisable to ensure compliance and avoid potential legal complications.

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Montana Call Agreement between Kelso and Company, LP, Unilab Corporation and Bankers Trust Company