Optional Call Clause Samples
Optional Call. (a) If applicable with respect to a Series of Certificates, concurrently with the execution of the related Series Supplement, the Depositor shall execute a Warrant Agent Agreement dated as of the related Issue Date, substantially in the form attached as an exhibit to the related Series Supplement, which will provide the related Warrant Holder with a right to call the related Underlying Securities.
(b) Unless otherwise specified in the related Series Supplement, if the Trustee receives notice of a tender offer for some or all of the related Underlying Securities, the Trustee shall, within one Business Day, notify the Warrant Agent and forward to the Warrant Agent copies of all materials received by the Trustee in connection therewith. Upon the commencement of a tender offer from the Underlying Securities Issuer or an affiliate thereof and if the Trustee receives a Call Notice from any Warrant Holder no later than five Business Days prior to the expiration of the tender offer acceptance period that such Warrant Holder desires to exercise all or a portion of its Call Warrants in connection with the consummation of any such tender offer, then the Trustee shall tender, in compliance with the tender offer requirements, an amount of Underlying Securities equal to the amount of Underlying Securities that would be distributable to the Warrant Holder in connection with the exercise of such Call Warrants.
(c) If the Trustee receives notice of a redemption by the Underlying Securities Issuer or an Affiliate thereof for some or all of the Underlying Securities, the Trustee shall, within one Business Day, notify the Warrant Agent, if any, and forward to any such Warrant Agent copies of all materials received by the Trustee in connection therewith. Any Warrant Holder that desires to call Underlying Securities in connection with a redemption by the Underlying Securities Issuer shall send a Call Notice to the Trustee no later than five Business Days prior to the date such Underlying Securities are to be redeemed.
(d) Proceeds received by the Trustee in connection with any exercise of Call Warrants will be allocated to the related Certificateholders in the manner set forth in the related Series Supplement.
(e) A Plan fiduciary, whether or not a Certificateholder at such time, may request in writing that the Trustee provide such Plan fiduciary with such information as shall be necessary for it to determine whether any of the related Call Warrant Holders is (i) a "party in in...
Optional Call. At any time after the date of this Warrant and following the first consecutive two month period thereafter in which the Company's common stock was trading at or above $9.00 per share, the Company shall have the option to call all or a portion of this Warrant (and as to which no Subscription Form has been received by the Company), at $0.01 per share (the "Call Price"). Notice of the call (the "Call Notice") shall be given to the Holder at least 30 days prior to the date on which the call will occur (the "Call Date"). Such notice shall be deemed received 2 days after it is deposited in the United States mail, certified or registered mail, postage prepaid, or 1 day after it is deposited with an express mail courier for overnight delivery, or on the same day that it is delivered via hand delivery or telefacsimile transmission. This Warrant may be exercised in accordance with Section 1.01 at any time prior to the Call Date.
Optional Call. An optional call is available if needed so long as the initial fact and document-gathering phase is concluded and time still remains in the hour (Note that the time it takes for the attorney to read background documents is included in the hour.) We do not jump straight to a phone call without first gathering basic facts and documents by means of an email discussion.
Optional Call. At any time during which the registration statement required by the Registration Rights Agreement and covering the Warrant Shares is effective, and within 45 days following the first period of 60 consecutive trading days thereafter in which the Company's common stock closing price is at or above $4.50 per share for any 30 days out of such 60 day period, the Company shall have the option to call all or a portion of this Warrant (and as to which no Subscription Form has been received by the Company), at $0.01 per share (the "Call Price"). Notice of the call (the "Call Notice") shall be given to the Holder at least 30 days prior to the date on which the call will occur (the "Call Date"). Such notice shall be deemed received two (2) business days after it is deposited in the United States mail, certified or registered mail, postage prepaid, or one (1) business day after it is deposited with an express mail courier for overnight delivery, or on the same day that it is delivered via hand delivery or telefacsimile transmission. This Warrant may be exercised in accordance with Section 1.01 at any time prior to the Call Date.
Optional Call. The Issuer may, at its option, redeem the Notes, in whole but not in part, on 10 April, 2018 at 100% of their principal amount, together with any accrued but unpaid interest to (but excluding) the date fixed for redemption (subject to the provisions described under “Conditions on Redemption” below).
Optional Call. Upon giving 30 days' prior written notice ------------- to Trustee, Transferor shall have the right to repurchase all, but not less than all of the Purchased Assets for a repurchase price equal to the quarter of: (a) the then outstanding principal amount of the applicable Receivables or (b) the fair market value of the Purchased Assets, plus, in either case, all accrued and unpaid interest with respect to the Certificates.
Optional Call. In the event the Closing Bid Price (as hereunder defined) of the Common Stock is greater than $2.00 (U.S.) per share (the "Target Price") for twenty (20) consecutive trading days (the "Call Period"), at any time that either:
(i) the Company has on file with the Securities and Exchange Commission (the "Commission") a fully effective registration statement under the Securities Act of 1933, as amended (the "ACT") covering all shares of Common Stock issuable upon conversion of this Note, or
(ii) the shares of Common Stock issuable upon conversion of this Note may be sold without any restriction pursuant to the rules of the Commission as determined by the counsel to the Company pursuant to a written opinion letter, the Company shall have the right to "Call" this Note, in whole or in part, thereby forcing conversion by the Holder at the Conversion Price. The Target Price shall be adjusted proportionately to reflect any adjustments due to the payment of a stock dividend, stock split, combination of shares or any other similar event. For purposes hereof, the "Closing Bid Price" shall be deemed to be the reported last bid price regular way as reported by Bloomberg LP or if unavailable, on the principal national securities exchange on which the Common Stock is listed or admitted to trading, or if the Common Stock is not listed or admitted to trading on any national securities exchange, the closing bid price as reported by NASDAQ or such other system then in use, or, if the Common Stock is not quoted by any such organization, the closing bid price in the over-the-counter market as furnished by the principal national securities exchange on which the Common Stock is traded.
(a) The Company may exercise its right to Call by telecopying written notice (the "Call Notice") to the Holder within five (5) trading days after the aforementioned twenty consecutive trading day period.
(b) Once the Company has exercised its right to Call by giving written notice to the Holder it shall be deemed irrevocable. Each trading day on which the Call Notice is telecopied to and received by the Holder shall be deemed a Conversion Date for the purposes of completing this Call and calculating the number of shares of Common Stock to be issued upon conversion. The Company will transmit the certificates representing shares of Common Stock issuable pursuant to the Call (together with the replacement Notes representing the principal amount of the Note not Called, if any) to the Holder via express ...