Redemption Contract Clauses (3,105)

Grouped Into 13 Collections of Similar Clauses From Business Contracts

This page contains Redemption clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Redemption. (a) Mechanics. The Company shall deliver the applicable Event of Default Redemption Price to the Holder in cash within five (5) Business Days after the Company's receipt of the Holder's Event of Default Redemption Notice. If the Holder has submitted a Fundamental Transaction Redemption Notice in accordance with Section 5(b), the Company shall deliver the applicable Fundamental Transaction Redemption Price to the Holder in cash concurrently with the consummation of such Fundamental Transaction if... such notice is received prior to the consummation of such Fundamental Transaction and within five (5) Business Days after the Company's receipt of such notice otherwise. The Company shall deliver the applicable Company Optional Redemption Price to the Holder in cash on the applicable Company Optional Redemption Date. The Company shall deliver the applicable Holder Alternate Redemption Price to the Holder in cash on the applicable Holder Alternate Redemption Date. In the event of a redemption of less than all of the Conversion Amount of this Note, the Company shall promptly cause to be issued and delivered to the Holder a new Note (in accordance with Section 18(d)) representing the outstanding Principal which has not been redeemed. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Note representing the Conversion Amount that was submitted for redemption and for which the applicable Redemption Price (together with any Late Charges thereon) has not been paid. Upon the Company's receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Conversion Amount, (y) the Company shall immediately return this Note, or issue a new Note (in accordance with Section 18(d)), to the Holder, and in each case the principal amount of this Note or such new Note (as the case may be) shall be increased by an amount equal to the difference between (1) the applicable Event of Default Redemption Price or Fundamental Transaction Redemption Price (as the case may be) minus (2) the Principal portion of the Conversion Amount submitted for redemption and (z) the Conversion Price of this Note or such new Notes (as the case may be) shall be automatically adjusted with respect to each conversion effected thereafter by the Holder to the lowest of (A) the Conversion Price as in effect on the date on which the applicable Redemption Notice is voided, (B) 85% of the lowest Closing Bid Price of the Common Stock during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided and (C) 85% of the VWAP of the Common Stock for the five (5) Trading Day period immediately preceding the Conversion Date of the applicable conversion. The Holder's delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments of Late Charges which have accrued prior to the date of such notice with respect to the Conversion Amount subject to such notice. (b) Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b) or Section 5(b)(each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company's receipt of the Holder's applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem a pro rata amount from each holder of the Notes (including the Holder) based on the principal amount of the Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period. View More
Redemption. (a) Mechanics. The Company shall deliver the applicable Event of Default Redemption Price to the Holder in cash within five (5) Business Days after the Company's receipt of the Holder's Event of Default Redemption Notice. If the Holder has submitted a Fundamental Transaction Change of Control Redemption Notice in accordance with Section 5(b), the Company shall deliver the applicable Fundamental Transaction Change of Control Redemption Price to the Holder in cash concurrently with the consummatio...n of such Fundamental Transaction Change of Control if such notice is received prior to the consummation of such Fundamental Transaction Change of Control and within five (5) Business Days after the Company's receipt of such notice otherwise. The Company shall deliver Notwithstanding anything herein to the contrary, in connection with any redemption hereunder at a time the Holder is entitled to receive a cash payment under any of the other Transaction Documents, at the option of the Holder delivered in writing to the Company, the applicable Company Optional Redemption Price hereunder shall be increased by the amount of such cash payment owed to the Holder under such other Transaction Document and, upon payment in cash on full or conversion in accordance herewith, shall satisfy the applicable Company Optional Redemption Date. The Company shall deliver the applicable Holder Alternate Redemption Price to the Holder in cash on the applicable Holder Alternate Redemption Date. Company's payment obligation under such other Transaction Document. In the event of a redemption of less than all of the Conversion Amount of this Note, the Company shall promptly cause to be issued and delivered to the Holder a new Note (in accordance with Section 18(d)) representing the outstanding Principal which has not been redeemed. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Note representing the Conversion Amount that was submitted for redemption and for which the applicable Redemption Price (together with any Late Charges thereon) has not been paid. Upon the Company's receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Conversion Amount, (y) the Company shall immediately return this Note, or issue a new Note (in accordance with Section 18(d)), to the Holder, and in each case the principal amount of this Note or such new Note (as the case may be) shall be increased by an amount equal to the difference between (1) the applicable Event of Default Redemption Price or Fundamental Transaction Redemption Price (as the case may be) minus (2) the Principal portion of the Conversion Amount submitted for redemption and (z) the Conversion Price of this Note or such new Notes (as the case may be) shall be automatically adjusted with respect to each conversion effected thereafter by the Holder to the lowest of (A) the Conversion Price as in effect on the date on which the applicable Redemption Notice is voided, (B) 85% of the lowest Closing Bid Price of the Common Stock during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided and (C) 85% of the VWAP of the Common Stock for the five (5) Trading Day period immediately preceding the Conversion Date of the applicable conversion. The Holder's delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments of Late Charges which have accrued prior to the date of such notice with respect to the Conversion Amount subject to such notice. (b) Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b) or Section 5(b)(each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company's receipt of the Holder's applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem a pro rata amount from each holder of the Notes (including the Holder) based on the principal amount of the Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period. View More
Redemption. (a) Mechanics. The Company shall deliver the applicable Event of Default Redemption Price to the Holder in cash within five (5) Business Days after the Company's receipt of the Holder's Event of Default Redemption Notice. If the Holder has submitted a Fundamental Transaction Redemption Notice in accordance with Section 5(b), the Company shall deliver the applicable Fundamental Transaction Redemption Price to the Holder in cash concurrently with the consummation of such Fundamental Transaction if... such notice is received prior to the consummation of such Fundamental Transaction and within five (5) Business Days after the Company's receipt of such notice otherwise. The Company shall deliver the applicable Company Optional Redemption Price to the Holder in cash on the applicable Company Optional Redemption Date. The Company shall deliver Notwithstanding anything herein to the contrary, in connection with any redemption hereunder at a time the Holder is entitled to receive a cash payment under any of the other Transaction Documents, at the option of the Holder delivered in writing to the Company, the applicable Holder Alternate Redemption Price hereunder shall be increased by the amount of such cash payment owed to the Holder under such other Transaction Document and, upon payment in cash on full in accordance herewith, shall satisfy the applicable Holder Alternate Redemption Date. Company's payment obligation under such other Transaction Document. In the event of a redemption of less than all of the Conversion Outstanding Amount of this Note, at the request of the Holder, and upon surrender of this Note to the Company by the Holder, the Company shall promptly cause to be issued and delivered to the Holder a new Note (in accordance with Section 18(d)) 12(d)) representing the outstanding Principal which has not been redeemed. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Note representing the Conversion Outstanding Amount that was submitted for redemption and for which the applicable Redemption Price (together with any Late Charges thereon) has not been paid. Upon the Company's receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Conversion Outstanding Amount, and (y) the Company shall immediately return this Note, or issue a new Note (in accordance with Section 18(d)), 12(d)), to the Holder, and in each case the principal amount of this Note or such new Note (as the case may be) shall be increased by an amount equal to the difference between (1) the applicable Event of Default Redemption Price or Fundamental Transaction Redemption Price (as the case may be) be, and as adjusted pursuant to this Section 7, if applicable) minus (2) the Principal portion of the Conversion Outstanding Amount submitted for redemption and (z) the Conversion Price of this Note or such new Notes (as the case may be) shall be automatically adjusted with respect to each conversion effected thereafter by the Holder to the lowest of (A) the Conversion Price as in effect on the date on which the applicable Redemption Notice is voided, (B) 85% of the lowest Closing Bid Price of the Common Stock during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided and (C) 85% of the VWAP of the Common Stock for the five (5) Trading Day period immediately preceding the Conversion Date of the applicable conversion. redemption. The Holder's delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments of Late Charges which have accrued prior to the date of such notice with respect to the Conversion Outstanding Amount subject to such notice. 7 (b) Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b) 3(c) or Section 5(b)(each, 4 (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) two (2) Business Days prior to the Company's receipt of the Holder's applicable Redemption Notice and ending on and including the date which is three (3) two (2) Business Days after the Company's receipt of the Holder's applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem a pro rata amount from each holder of the Notes (including the Holder) based on the principal amount of the Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period. View More
Redemption. (a) Mechanics. The Company shall deliver the applicable Event of Default Redemption Price to the Holder in cash within five (5) Business Days after the Company's receipt of the Holder's Event of Default Redemption Notice. If the Holder has submitted a Fundamental Transaction Change of Control Redemption Notice in accordance with Section 5(b), the Company shall deliver the applicable Fundamental Transaction Change of Control Redemption Price to the Holder in cash concurrently with the consummatio...n of such Fundamental Transaction Change of Control if such notice is received prior to the consummation of such Fundamental Transaction Change of Control and within five (5) Business Days after the Company's receipt of such notice otherwise. The Company shall deliver the applicable Company Optional Redemption Price to the Holder in cash on the applicable Company Optional Redemption Date. The Company shall deliver the applicable Holder Alternate Redemption Price to the Holder in cash on the applicable Holder Alternate Redemption Date. In the event of a redemption of less than all of the Conversion Amount of this Note, the Company shall promptly cause to be issued and delivered to the Holder a new Note (in accordance with Section 18(d)) 17(d)) representing the outstanding Principal which has not been redeemed. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Note representing the Conversion Amount that was submitted for redemption and for which the applicable Redemption Price (together with any Late Charges thereon) has not been paid. Upon the Company's receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Conversion Amount, (y) the Company shall immediately return this Note, or issue a new Note (in accordance with Section 18(d)), 17(d)), to the Holder, and in each case the principal Principal amount of this Note or such new Note (as the case may be) shall be increased by an amount equal to the difference between (1) the applicable Event of Default Redemption Price or Fundamental Transaction Redemption Price (as the case may be) be, and as adjusted pursuant to this Section 11, if applicable) minus (2) the Principal portion of the Conversion Amount submitted for redemption and (z) the Conversion Price of this Note or such new Notes (as the case may be) shall be automatically adjusted with respect to each conversion effected thereafter by the Holder to the lowest of (A) the Conversion Price as in effect on the date on which the applicable Redemption Notice is voided, (B) 85% 75% of the lowest Closing Bid Price of the Common Stock during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided and (C) 85% 75% of the VWAP quotient of (I) the sum of the five (5) lowest VWAPs of the Common Stock for during the five (5) twenty (20) consecutive Trading Day period ending and including the Trading Day immediately preceding the applicable Conversion Date of the applicable conversion. divided by (II) five (5) (it being understood and agreed that all such determinations shall be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during such period). The Holder's delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments of Late Charges which have accrued prior to the date of such notice with respect to the Conversion Amount subject to such notice. (b) Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b) or Section 5(b)(each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company's receipt of the Holder's applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem a pro rata amount from each holder of the Notes (including the Holder) based on the principal amount of the Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period. Reserved. View More
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Redemption. 23.1 The Board of Directors may, at its option, at any time prior to such time as any Person becomes an Acquiring Person, redeem all, but not less than all, of the then outstanding Rights at a redemption price of $0.001 per Right, appropriately adjusted to reflect any stock split, stock dividend or similar transaction occurring after the date hereof (the "Redemption Price"). The redemption of the Rights by the Board of Directors may be made effective at such time, on such basis and subject to su...ch conditions as the Board of Directors in its sole discretion may establish. 23.2 Immediately upon the time of the effectiveness of the redemption of the Rights or such earlier time as may be determined by the Board of Directors in the action ordering such redemption (although not earlier than the time of such action) (the "Redemption Date"), and without any further action and without any notice, the right to exercise the Rights shall terminate and the only right thereafter of the holders of Rights shall be to receive the Redemption Price. The Company shall promptly give public notice of any such redemption (with prompt written notice to the Rights Agent); provided, that the failure to give, or any defect in, any such notice shall not affect the validity of such redemption. Within ten Business Days after action of the Board of Directors ordering the redemption of the Rights, the Company shall mail, or cause the Rights Agent to mail (at the expense of the Company), a notice of redemption to the holders of the then outstanding Rights at their last addresses as they appear upon the registry books of the Rights Agent or, prior to the Distribution Date, on the registry books of the transfer agent for the Common Shares. Any notice mailed in the manner herein provided shall be deemed given, whether or not the holder receives the notice. If the payment of the Redemption Price is not included with such notice, each such notice shall state the method by which the payment of the Redemption Price will be made. Neither the Company nor any of its Affiliates or Associates may redeem, acquire or purchase for value any Rights at any time in any manner other than that specifically set forth in this Section 23 or in Section 24, other than in connection with the purchase of Common Shares prior to the Distribution Date. View More
Redemption. 23.1 The Board of Directors may, at its option, at any time prior to such time as any Person becomes an Acquiring Person, the earlier of (i) the Close of Business on the tenth (10th) Business Day following the Stock Acquisition Date (or, if the Stock Acquisition Date shall have occurred prior to the Record Date, the Close of Business on the tenth (10th) day following the Record Date), or (ii) the Final Expiration Date, redeem all, all but not less than all, all of the then outstanding Rights at ...a redemption price of $0.001 $0.0001 per one one-thousandths of a Preferred Share represented by a Right, as appropriately adjusted to reflect any stock split, stock dividend or similar transaction occurring after the date hereof (the "Redemption Price"). The redemption of the Rights by the Board of Directors Company may be made effective at such a time, on such any basis and subject to such any conditions as the Board of Directors in its sole discretion may establish. The Company may, at its option, pay the Redemption Price in cash, shares of Common Stock (based on the Current Per Share Market Price at the time of redemption as determined pursuant to Section 11.4 hereof) or any other form of consideration deemed appropriate by the Board of Directors. Notwithstanding anything contained in this Agreement to the contrary, the Rights shall not be exercisable after the first occurrence of a Section 11.1.2 Event until such time as the Company's right of redemption set forth in the first sentence of this Section 23.1 has expired. 23.2 Immediately upon the time action of the effectiveness Board of Directors (with, if required, the concurrence of a majority of the Continuing Directors) ordering the redemption of the Rights or such earlier pursuant to Section 23.1 (or at a later time as may be determined by the Board of Directors in may establish for the action ordering such redemption (although not earlier than effectiveness of the time of such action) redemption) (the "Redemption Date"), evidence of which shall have been filed with the Rights Agent, and without any further action and without any notice, the right to exercise the Rights shall will terminate and the only right thereafter of the holders of Rights shall be to receive the Redemption Price. The Company shall promptly give public notice of any such redemption (with prompt written notice to Price for each Right so held. Promptly after the Rights Agent); provided, that the failure to give, or any defect in, any such notice shall not affect the validity of such redemption. Within ten Business Days after action of the Board of Directors ordering the redemption of the Rights, the Company shall mail, or cause the Rights Agent to mail (at the expense of the Company), a give notice of redemption to the Rights Agent and the holders of the then outstanding Rights by mailing such notice to all such holders at their each holder's last addresses address as they appear it appears upon the registry books of the Rights Agent or, prior to the Distribution Date, on the registry books of the transfer agent for the Common Shares. Stock; provided, however, that failure to give, or any defect in, any notice shall not affect the validity of the redemption. Any notice that is mailed in the manner herein provided shall be deemed given, whether or not the holder receives the notice. If the payment of the Redemption Price is not included with such notice, each Each such notice shall of redemption will state the method by which the payment of the Redemption Price will be made. Neither 32 23.3 Notwithstanding the Company nor any provisions of its Affiliates or Associates may redeem, acquire or purchase Section 23.1 hereof, in the event that a majority of the Board of Directors does not consist of Continuing Directors (the first occurrence of such an event referred to herein as a "Section 23.1 Event"), then for value any a period of one hundred and eighty (180) days following the Section 23.1 Event, the Rights at any time in any manner other than that specifically set forth in this Section 23 or in Section 24, other than in connection shall not be redeemed unless there are Continuing Directors and a majority of the Continuing Directors concur with the purchase of Common Shares prior Board's decision to redeem the Distribution Date. Rights. View More
Redemption. 23.1 The Board of Directors may, at its option, at any time prior to such time as any Person becomes an Acquiring Person, the earlier of (i) the Close of Business on the tenth (10th) Business Day following the Stock Acquisition Date (or, if the Stock Acquisition Date shall have occurred prior to the Record Date, the Close of Business on the tenth (10th) day following the Record Date), or (ii) the Final Expiration Date, redeem all, all but not less than all, all of the then outstanding Rights at ...a redemption price of $0.001 $0.0001 per one one-thousandths of a Preferred Share represented by a Right, as appropriately adjusted to reflect any stock split, stock dividend or similar transaction occurring after the date hereof (the "Redemption Price"). The redemption of the Rights by the Board of Directors Company may be made effective at such a time, on such any basis and subject to such any conditions as the Board of Directors in its sole discretion may establish. The Company may, at its option, pay the Redemption Price in cash, shares of Class A Common Stock (based on the Current Per Share Market Price at the time of redemption as determined pursuant to Section 11.4 hereof) or any other form of consideration deemed appropriate by the Board of Directors. Notwithstanding anything contained in this Agreement to the contrary, the Rights shall not be exercisable after the first occurrence of a Section 11.1.2 Event until such time as the Company's right of redemption set forth in the first sentence of this Section 23.1 has expired. 33 23.2 Immediately upon the time action of the effectiveness Board of Directors (with, if required, the concurrence of a majority of the Continuing Directors) ordering the redemption of the Rights or such earlier pursuant to Section 23.1 (or at a later time as may be determined by the Board of Directors in may establish for the action ordering such redemption (although not earlier than effectiveness of the time of such action) redemption) (the "Redemption Date"), evidence of which shall have been filed with the Rights Agent, and without any further action and without any notice, the right to exercise the Rights shall will terminate and the only right thereafter of the holders of Rights shall be to receive the Redemption Price. The Company shall promptly give public notice of any such redemption (with prompt written notice to Price for each Right so held. Promptly after the Rights Agent); provided, that the failure to give, or any defect in, any such notice shall not affect the validity of such redemption. Within ten Business Days after action of the Board of Directors ordering the redemption of the Rights, the Company shall mail, or cause the Rights Agent to mail (at the expense of the Company), a give notice of redemption to the Rights Agent and the holders of the then outstanding Rights by mailing such notice to all such holders at their each holder's last addresses address as they appear it appears upon the registry books of the Rights Agent or, prior to the Distribution Date, on the registry books for the Class A Common Stock; provided, however, that failure to give, or any defect in, any notice shall not affect the validity of the transfer agent for the Common Shares. redemption. Any notice that is mailed in the manner herein provided shall be deemed given, whether or not the holder receives the notice. If the payment of the Redemption Price is not included with such notice, each Each such notice shall of redemption will state the method by which the payment of the Redemption Price will be made. Neither 23.3 Notwithstanding the Company nor any provisions of its Affiliates or Associates may redeem, acquire or purchase Section 23.1 hereof, in the event that a majority of the Board of Directors does not consist of Continuing Directors (the first occurrence of such an event referred to herein as a "Section 23.1 Event"), then for value any a period of one hundred and eighty (180) days following the Section 23.1 Event, the Rights at any time in any manner other than that specifically set forth in this Section 23 or in Section 24, other than in connection shall not be redeemed unless there are Continuing Directors and a majority of the Continuing Directors concur with the purchase of Common Shares prior Board's decision to redeem the Distribution Date. Rights. View More
Redemption. 23.1 The Board of Directors may, at its option, at any time prior to such time as any Person becomes an Acquiring Person, the earlier of (i) the Close of Business on the fifth (5th) Business Day following the Distribution Date, or (ii) the Final Expiration Date, redeem all, all but not less than all, all of the then outstanding Rights at a redemption price of $0.001 $0.000001 per Right, as appropriately adjusted to reflect any stock split, stock dividend or similar transaction occurring after th...e date hereof (the "Redemption Price"). The redemption of the Rights by the Board of Directors Company may be made effective at such any time, on such any basis and subject to such any conditions as the Board of Directors in its sole discretion may establish. The Company may, at its option, pay the Redemption Price in cash, Common Shares (based on the Current Per Share Market Price at the time of redemption as determined pursuant to Section 11.4.2 hereof) or any other form of consideration deemed appropriate by the Board of Directors. Notwithstanding anything contained in this Agreement to the contrary, the Rights shall not be exercisable after the first occurrence of a Section 11.1.2 Event until such time as the Company's right of redemption set forth in the first sentence of this Section 23.1 has expired. 23.2 Immediately upon the time action of the effectiveness Board of Directors (with, if required, the concurrence of a majority of the Continuing Directors) ordering the redemption of the Rights or such earlier pursuant to Section 23.1 (or at a later time as may be determined by the Board of Directors in may establish for the action ordering such redemption (although not earlier than effectiveness of the time of such action) redemption) (the "Redemption Date"), evidence of which shall have been filed with the Rights Agent, and without any further action and without any notice, the right to exercise the Rights shall will terminate and the only right thereafter of the holders of Rights shall be to receive the Redemption Price. The Company shall promptly give public notice of any such redemption (with prompt written notice to Price for each Right so held. Promptly after the Rights Agent); provided, that the failure to give, or any defect in, any such notice shall not affect the validity of such redemption. Within ten Business Days after action of the Board of Directors ordering the redemption of the Rights, the Company shall mail, or cause the Rights Agent to mail (at the expense of the Company), a give notice of redemption to the Rights Agent and the holders of the then outstanding Rights by mailing such notice to all such holders at their each holder's last addresses address as they appear it appears upon the registry books of the Rights Agent or, prior to the Distribution Date, on the registry books of the transfer agent for the Common Shares. Stock; provided, however, that failure to give, or any defect in, any notice shall not affect the validity of the redemption. Any notice that is mailed in the manner herein provided shall be deemed given, whether or not the holder receives the notice. If the payment of the Redemption Price is not included with such notice, each Each such notice shall of redemption will state the method by which the payment of the Redemption Price will be made. Neither With respect to each holder of Rights, the Company nor any Redemption Price shall be rounded to the nearest cent for the aggregate Rights held by the holder. 33 23.3 Notwithstanding the provisions of its Affiliates or Associates may redeem, acquire or purchase Section 23.1 hereof, in the event that a majority of the Board of Directors does not consist of Continuing Directors (the first occurrence of such an event referred to herein as a "Section 23.1 Event"), then for value any a period of one hundred and eighty (180) days following the Section 23.1 Event, the Rights at any time in any manner other than that specifically set forth in this Section 23 or in Section 24, other than in connection shall not be redeemed unless there are Continuing Directors and a majority of the Continuing Directors concur with the purchase of Common Shares prior Board's decision to redeem the Distribution Date. Rights. View More
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Redemption. Beginning on the date that is six (6) months after the Purchase Price Date, Lender shall have the right, exercisable at any time in its sole and absolute discretion, to redeem any amount of this Note up to the Maximum Monthly Redemption Amount (such amount, the "Redemption Amount") per calendar month by providing written notice to Borrower (each, a "Redemption Notice"). For the avoidance of doubt, Lender may submit to Borrower one (1) or more Redemption Notices in any given calendar month so lon...g as the aggregate amount being redeemed in such month does not exceed the Maximum Monthly Redemption Amount. Upon receipt of any Redemption Notice, Borrower shall pay the applicable Redemption Amount in cash to Lender within seven (7) Trading Days of Borrower's receipt of such Redemption Notice. Notwithstanding the foregoing, if Borrower does not pay the applicable Redemption Amount in cash to Lender within three (3) Trading Days of Borrower's receipt of a Redemption Notice, then an amount equal to twenty-five percent (25%) of such Redemption Amount will be added to the Outstanding Balance. Borrower shall have the right to defer up to three (3) separate redemptions for up to thirty (30) days each by providing written notice to Lender within three (3) Trading Days of its receipt of a Redemption Notice. In the event Borrower elects to exercise its deferral right, the Outstanding Balance shall automatically be increased by two percent (2%) of the Outstanding Balance as of the date Borrower exercises such deferral right. View More
Redemption. Beginning on the date that is six (6) months after the Purchase Price Date, Lender shall have the right, exercisable at any time in its sole and absolute discretion, to redeem any amount of this Note up to the Maximum Monthly Redemption Amount $300,000.00 (such amount, the "Redemption Amount") per calendar month by providing written notice to Borrower (each, a "Redemption Notice"). For the avoidance of doubt, Lender may submit to Borrower one (1) or more Redemption Notices in any given calendar ...month so long as the aggregate amount being redeemed in such month does not exceed the Maximum Monthly Redemption Amount. $300,000.00. Upon receipt of any Redemption Notice, Borrower shall pay the applicable Redemption Amount in cash to Lender within seven (7) Trading Days three (3) business days of Borrower's receipt of such Redemption Notice. Notwithstanding the foregoing, if Borrower does not pay the applicable Redemption Amount in cash to Lender within three (3) Trading Days of Borrower's receipt of a Redemption Notice, then an amount equal to twenty-five percent (25%) of such Redemption Amount will be added to the Outstanding Balance. Borrower shall have the right to defer up to three (3) separate redemptions for up to thirty (30) days each by providing written notice to Lender within three (3) Trading Days of its receipt of a Redemption Notice. In the event Borrower elects to exercise its deferral right, the Outstanding Balance shall automatically be increased by two percent (2%) of the Outstanding Balance as of the date Borrower exercises such deferral right. View More
Redemption. Beginning on the date that is six (6) months after the Purchase Price Date, Lender shall have the right, exercisable at any time in its sole and absolute discretion, to redeem any amount of this Note up to the Maximum Monthly Redemption Amount $300,000.00 (such amount, the "Redemption Amount") per calendar month by providing written notice to Borrower (each, a "Redemption Notice"). For the avoidance of doubt, Lender may submit to Borrower one (1) or more Redemption Notices in any given calendar ...month so long as the aggregate amount being redeemed in such month does not exceed the Maximum Monthly Redemption Amount. $300,000.00. Upon receipt of any Redemption Notice, Borrower shall pay the applicable Redemption Amount in cash to Lender within seven (7) Trading Days of Borrower's receipt of such Redemption Notice. Notwithstanding the foregoing, if Borrower does not pay the applicable Redemption Amount in cash to Lender within three (3) Trading Days of Borrower's receipt of a Redemption Notice, then an amount equal to twenty-five percent (25%) of such Redemption Amount will be added to the Outstanding Balance. Borrower shall have the right to defer up to three (3) separate redemptions for up to thirty (30) days each by providing written notice to Lender within three (3) Trading Days of its receipt of a Redemption Notice. In the event Borrower elects to exercise its deferral right, the Outstanding Balance shall automatically be increased by two by: (a) the greater of $35,000.00 and one percent (2%) (1%) of the Outstanding Balance as of the date Borrower exercises such deferral right. right for the first deferral, (b) the greater of $35,000.00 and one and a quarter percent (1.25%) of the Outstanding Balance as of the date Borrower exercises such deferral right for the second deferral, and (c) the greater of $35,000.00 and one and a half percent (1.5%) of the Outstanding Balance as of the date Borrower exercises such deferral right for the third deferral. View More
Redemption. Beginning on the date that is six (6) months after the Purchase Price Date, Lender shall have the right, exercisable at any time in its sole and absolute discretion, to redeem any amount of this Note up to the Maximum Monthly Redemption Amount $250,000.00 (such amount, the "Redemption Amount") per calendar month by providing written notice to Borrower (each, a "Redemption Notice"). For the avoidance of doubt, Lender may submit to Borrower one (1) or more Redemption Notices in any given calendar ...month so long as the aggregate amount being redeemed in such month does not exceed $250,000.00. The Redemption Amount must be at least $50,000.00 unless the Maximum Monthly Redemption Amount. Outstanding Balance of the Note is less than $50,000.00. Upon receipt of any Redemption Notice, Borrower shall pay the applicable Redemption Amount in cash to Lender within seven (7) three (3) Trading Days of Borrower's receipt of such Redemption Notice. Notwithstanding the foregoing, if Borrower does not pay the applicable Redemption Amount in cash to Lender within three (3) Trading Days of Borrower's receipt of a Redemption Notice, then an amount equal to twenty-five percent (25%) of such Redemption Amount will be added to the Outstanding Balance. Borrower shall have the right to defer up to three (3) separate redemptions for up to thirty (30) days each by providing written notice to Lender within three (3) Trading Days of its receipt of a Redemption Notice. In the event Borrower elects to exercise its deferral right, the Outstanding Balance shall automatically be increased by two percent (2%) of the Outstanding Balance as of the date Borrower exercises such deferral right. View More
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Redemption. In connection with any redemption by the General Partner of any shares of Series A Preferred Stock pursuant to Sections 5, 6, 7, 8 or 9 of the Articles Supplementary, the Partnership shall redeem, on the date of such redemption, an equal number of Series A Preferred Units held by the General Partner. As consideration for the redemption of such Series A Preferred Units, the Partnership shall deliver to the General Partner (i) an amount of cash equal to the amount of cash, if any, paid by the Gene...ral Partner to the holder of such shares of Series A Preferred Stock in connection with the redemption thereof and (ii) a number of Common Units equal to the number of shares of Common Stock, if any, issued by the General Partner to the holder of such shares of Series A Preferred Stock in connection with the redemption thereof. View More
Redemption. (a) The Series B Preferred Units are not redeemable except as otherwise provided in this Section 7. (b) In connection with any redemption by the General Partner of any shares of Series A B Preferred Stock pursuant to Sections 5, 6, 7, 8 or 9 Section 6 of the Articles Supplementary, the Partnership shall redeem, on the date of such redemption, an equal number of Series A B Preferred Units held by the General Partner. As consideration for the redemption of such Series A B Preferred Units, the Part...nership shall deliver to the General Partner (i) an amount of cash equal to the amount of cash, if any, cash paid by the General Partner to the holder of such shares of Series A Preferred Stock in connection with the redemption thereof and (ii) a number of Common Units equal to the number of shares of Common Stock, if any, issued by the General Partner to the holder of such shares of Series A B Preferred Stock in connection with the redemption thereof. 7 8. Voting Rights. Holders of the Series B Preferred Units will not have any voting rights. View More
Redemption. In connection with any redemption by the General Partner of any shares of Series A T Preferred Stock pursuant to Sections 5, 6, 7, 8 or 9 of the Articles Supplementary, the Partnership shall redeem, on the date of such redemption, an equal number of Series A T Preferred Units held by the General Partner. As consideration for the redemption of such Series A T Preferred Units, the Partnership shall deliver to the General Partner (i) an amount of cash equal to the amount of cash, if any, paid by th...e General Partner to the holder of such shares of Series A T Preferred Stock in connection with the redemption thereof and (ii) a number of Common Units equal to the number of shares of Common Stock, if any, issued by the General Partner to the holder of such shares of Series A T Preferred Stock in connection with the redemption thereof. 5 8. Voting Rights. Holders of the Series T Preferred Units will not have any voting rights. View More
Redemption. In connection with any redemption by the General Partner of any shares of Series A D Preferred Stock pursuant to Sections 5, 6, 7, 8 8, 9 or 9 10 of the Articles Supplementary, the Partnership shall redeem, on the date of such redemption, an equal number of Series A D Preferred Units held by the General Partner. As consideration for the redemption of such Series A D Preferred Units, the Partnership shall deliver to the General Partner (i) an amount of cash equal to the amount of cash, if any, pa...id by the General Partner to the holder of such shares of Series A D Preferred Stock in connection with the redemption thereof and (ii) a number of Partnership Common Units equal to the number of shares of Common Stock, if any, issued by the General Partner to the holder of such shares of Series A D Preferred Stock in connection with the redemption thereof. View More
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Redemption. This Warrant shall be redeemable by the Company at $0.01 per share remaining subject hereto after 20 business days' written notice if the price of the Common Stock closes above Three Dollars ($3.00) for 20 consecutive trading days and provided that the Company then has in effect an effective registration statement with respect to the shares of Common Stock issuable upon exercises of this Warrant.
Redemption. This Warrant shall be redeemable by the Company at $0.01 per share remaining subject hereto after 20 business days' written notice if the price of the Common Stock closes above Three Seven and 50/100th Dollars ($3.00) ($7.50) for 20 consecutive trading days and provided that the Company then has in effect an effective registration statement with respect to the shares of Common Stock issuable upon exercises of this Warrant.
Redemption. This Warrant shall be redeemable by the Company at $0.01 per share remaining subject hereto after 20 business days' written notice if the price of the Common Stock closes above Three Dollars ($3.00) $4.00 for 20 consecutive trading days and provided that the Company then has in effect an effective registration statement with respect to the shares of Common Stock issuable upon exercises of this Warrant.
Redemption. This Warrant shall be redeemable by the Company at $0.01 per share remaining subject hereto after 20 business days' Business Days' written notice if the price of the Common Stock closes above Three Dollars ($3.00) $1.00, subject to adjustment in the event of stock splits, for 20 consecutive trading days and provided that the Company then has in effect an effective registration statement with respect to the shares of Common Stock issuable upon exercises of this Warrant.
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Redemption. The Company will have the right to redeem all or any portion of the Note at any time prior to the Maturity Date without premium or penalty of any kind. The redemption price will be payable in cash and is equal to the then outstanding principal amount of this Note plus accrued but unpaid interest thereon. However, no partial redemption shall excuse or defer the Company's subsequent payments on, or entitle the Company to a release of any collateral used to secure, the unredeemed portion of this No...te. View More
Redemption. The Company will have the right to redeem all or any portion of the Note at any time prior to the Maturity Date without premium or penalty of any kind. The redemption price will be payable in cash and is equal to the then outstanding principal amount of this Note plus accrued but unpaid interest thereon. However, no partial redemption shall excuse or defer the Company's subsequent payments on, or entitle the Company to a release of any collateral used to secure, the unredeemed portion of this No...te. View More
Redemption. The Company will have the right to redeem all or any portion of the Note at any time prior to the Maturity Date without premium or penalty of any kind. The redemption price will be payable in cash and is equal to the then outstanding principal amount of this Note plus accrued but unpaid interest thereon. However, no partial redemption shall excuse or defer the Company's subsequent payments on, or entitle the Company to a release of any collateral used to secure, the unredeemed portion of this No...te. View More
Redemption. The Company will have the right to redeem all or any portion of the Note at any time prior to the Maturity Date without premium or penalty of any kind. The redemption price will be payable in cash and is equal to the then outstanding principal amount of this Note plus accrued but unpaid interest thereon. However, no partial redemption shall excuse or defer the Company's subsequent payments on, or entitle the Company to a release of any collateral used to secure, the unredeemed portion of this No...te. View More
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Redemption. Lessee hereby expressly waives any and all rights of redemptions, if any, granted by or under any present or future law in the event lessor shall obtain possession of the Leased Premises by virtue of the provisions of this Lease, or otherwise.
Redemption. Lessee hereby expressly waives any and all rights of redemptions, redemption, if any, granted by or under any am present or future law in the event lessor Lessor shall obtain possession of the Leased Premises by virtue of the provisions of this Lease, or otherwise.
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Redemption. You acknowledge that it is your responsibility alone to determine whether to make a redemption, when to make a redemption and the amount of any redemption. When you send us Notice of a redemption, we will transmit redemption allocation instructions in accordance with the table below. Asset Rebalancing Service Election Our Allocation Procedure Based on a tolerance level of the Recordkeeping Accounts On the date we are Notified of a redemption and we have good order instructions, we will transmit ...redemption allocation instructions so that, after giving effect to the redemption, the percentage variance between the Investments within the indicated Asset Group and the 22 Classification: Customer Confidential [ ** ] = CERTAIN PORTIONS OF THIS AGREEMENT HAVE BEEN OMITTED BECAUSE THE OMITTED PORTIONS ARE BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM IF PUBLICLY DISCLOSED Reference Investments in the Recordkeeping Accounts will be at or below the percentage variance immediately prior to the allocation. YouDeclineAssetRebalancing Services On the date we are Notified of a redemption and have good order instructions, we will transmit your most recent redemption allocation instructions. C. Corporate-Owned Variable Life Insurance Policies. If you use Policies to informally finance your obligations under the Plan, we offer the following Services. Note: Services described in this Agreement are available only for Policies issued by Principal Life Insurance Company or its affiliates. View More
Redemption. You acknowledge that it is your responsibility alone to determine whether to make a redemption, when to make a redemption and the amount of any redemption. When you send us Notice of a redemption, we will transmit redemption allocation instructions in accordance with the table below. Asset Rebalancing Service Election Our Allocation Procedure Based on a tolerance level of the Recordkeeping Accounts On the date we are Notified of a Recordkeeping Accounts redemption and we have good order instruct...ions, we will transmit redemption allocation instructions so that, after giving effect to the redemption, the percentage variance between the Investments within the indicated Asset Group and the 22 Classification: Customer Confidential [ ** ] = CERTAIN PORTIONS OF THIS AGREEMENT HAVE BEEN OMITTED BECAUSE THE OMITTED PORTIONS ARE BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM IF PUBLICLY DISCLOSED Reference Investments in the Recordkeeping Accounts will be at or below the percentage variance immediately prior to the allocation. YouDeclineAssetRebalancing You Decline Asset Rebalancing Services On the date we are Notified of a redemption and have good order instructions, we will transmit your most recent redemption allocation instructions. C. Corporate-Owned Variable Life Insurance Policies. If you use Policies to informally finance your obligations under the Plan, we offer the following Services. Note: Services described in this Agreement are available only for Policies issued by Principal Life Insurance Company or its affiliates. View More
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Redemption. To the extent not previously converted into Conversion Shares, the outstanding shares of Series B Preferred Stock shall be redeemable at the option of the Holders at any time or from time to time commencing on January 1, 2024, upon thirty (30) days prior written notice to the Corporation, for a redemption price, payable in cash, equal to sum of (a) Ten ($10.00) multiplied by the number of shares of Series B Preferred Stock being redeemed (the "Redeemed Shares"), plus (b) all accrued and unpaid d...ividends, if any, on such Redeemed Shares. View More
Redemption. To the extent not previously converted into Conversion Shares, the outstanding shares of Series B C Preferred Stock shall be redeemable at the option of the Holders at any time or from time to time commencing on January 1, 2024, 2026, upon thirty (30) days prior written notice to the Corporation, for a redemption price, payable in cash, equal to sum of (a) Ten ($10.00) multiplied by the number of shares of Series B C Preferred Stock being redeemed (the "Redeemed Shares"), plus (b) all accrued an...d unpaid dividends, if any, on such Redeemed Shares. View More
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Redemption. 6.1The outstanding share of Series A Preferred Stock shall be redeemed in whole, but not in part, at any time (i) if such redemption is ordered by the Board of Directors in its sole discretion, automatically and effective on such time and date specified by the Board of Directors in its sole discretion, or (ii) automatically upon the effectiveness of the amendment to the Certificate of Incorporation implementing the Reverse Stock Split (any such redemption pursuant to this Section 6.1, the "Redem...ption"). As used herein, the "Redemption Time" shall mean the effective time of the Redemption. 6.2The share of Series A Preferred Stock redeemed in the Redemption pursuant to this Section 6 shall be redeemed in consideration for the right to receive an amount equal to $5,000.00 in cash (the "Redemption Price") for the share of Series A Preferred Stock that is owned of record as of immediately prior to the applicable Redemption Time and redeemed pursuant to the Redemption, payable upon the applicable Redemption Time. 6.3From and after the time at which the share of Series A Preferred Stock is called for Redemption (whether automatically or otherwise) in accordance with Section 6.1, such share of Series A Preferred Stock shall cease to be outstanding, and the only right of the former holder of such share of Series A Preferred Stock, as such, will be to receive the applicable Redemption Price. The share of Series A Preferred Stock Redeemed by the Corporation pursuant to this Certificate of Designation shall be automatically retired and restored to the status of an authorized but unissued share of Preferred Stock, upon such Redemption. Notice of a meeting of the Corporation's stockholders for the submission to such stockholders of any proposal to approve the Reverse Stock Split shall constitute notice of the Redemption of shares of Series A Preferred Stock and result in the automatic Redemption of the share of Series A Preferred Stock at the Redemption Time pursuant to Section 6.1 hereof. In connection with the filing of this Certificate of Designation, the Corporation has set apart funds for payment for the Redemption of the share of Series A Preferred Stock and shall continue to keep such funds apart for such payment through the payment of the purchase price for the Redemption of such share. View More
Redemption. 6.1The 6.1 The outstanding share of Series A B Preferred Stock shall be redeemed in whole, but not in part, at any time (i) if such redemption is ordered by the Board of Directors in its sole discretion, automatically and effective on such time and date specified by the Board of Directors in its sole discretion, or (ii) automatically upon the later of the effectiveness of the amendment to the Certificate Articles of Incorporation implementing the Reverse Stock Split or the Increase in Authorized... Common Stock (any such redemption pursuant to this Section 6.1, the "Redemption"). As used herein, the "Redemption Time" shall mean the effective time of the Redemption. 6.2The 6.2 The share of Series A B Preferred Stock redeemed in the Redemption pursuant to this Section 6 shall be redeemed in consideration for the right to receive an amount equal to $5,000.00 in cash (the "Redemption Price") for the share of Series A B Preferred Stock that is owned of record as of immediately prior to the applicable Redemption Time and redeemed pursuant to the Redemption, payable upon the applicable Redemption Time. 6.3From 6.3 From and after the time at which the share of Series A B Preferred Stock is called for Redemption (whether automatically or otherwise) in accordance with Section 6.1, such share of Series A B Preferred Stock shall cease to be outstanding, and the only right of the former holder of such share of Series A B Preferred Stock, as such, will be to receive the applicable Redemption Price. The share of Series A B Preferred Stock Redeemed by the Corporation pursuant to this Certificate of Designation shall be automatically retired and restored to the status of an authorized but unissued share of Preferred Stock, upon such Redemption. Notice of a meeting of the Corporation's stockholders for the submission to such stockholders of any proposal to approve the Reverse Stock Split shall constitute notice of the Redemption of shares of Series A B Preferred Stock and result in the automatic Redemption of the share of Series A B Preferred Stock at the Redemption Time pursuant to Section 6.1 hereof. In connection with the filing of this Certificate of Designation, the Corporation has set apart funds for payment for the Redemption of the share of Series A B Preferred Stock and shall continue to keep such funds apart for such payment through the payment of the purchase price for the Redemption of such share. View More
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