Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default or a Major Transaction (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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's Redemption Notice and the Company is unable to redeem all 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 Warrants (including the Holder) based on the number of Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 7 contracts
Samples: Universal Energy Corp., Universal Energy Corp., Universal Energy Corp.
Redemption by Other Holders. Upon the Company's Corporation’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) or Section 3(f)(iv) (each, an "“Other Redemption Notice"”), the Company Corporation shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by facsimile a copy of such notice. If the Company Corporation receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to day the Company's receipt Corporation receives the first of the Holder's such Redemption Notice or Other Redemption Notice and ending on and including the date which is three five (35) Business Days after the Company's receipt of Corporation forwards the Holder's first such notice (“Redemption Notice Period”) and the Company Corporation 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 periodRedemption Period, then the Company Corporation shall redeem a pro rata amount from each holder of the Warrants Tranche A Notes and the Tranche B Notes (including the Holder) based on the number aggregate principal amount of Warrants the Tranche A Notes and the Tranche B Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received or delivered by the Company Corporation during such seven (7) Business Day periodRedemption Period.
Appears in 7 contracts
Samples: Purchase Agreement (Samson Investment CO), Purchase Agreement (Samson Investment CO), Purchase Agreement (Ironman Energy Partners II LP)
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(a), Section 5(b) or Section 8 (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 noticenotice and make a prompt public announcement thereof. If the Company receives a Redemption Notice and one or more Other Redemption Notices, 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Security Devices International Inc.), Security Agreement (Security Devices International Inc.), Securities Purchase Agreement (Security Devices International Inc.)
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "“Other Warrants"”) as a result of an event or occurrence of an Event of Default or a Major Transaction (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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's Redemption Notice and the Company is unable to redeem all 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 Warrants (including the Holder) based on the number of Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 6 contracts
Samples: ICP Solar Technologies Inc., ICP Solar Technologies Inc., ICP Solar Technologies Inc.
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) or Section 5(a) (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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 4 contracts
Samples: Exchange Agreement (Amyris, Inc.), Second Exchange Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 3(a) (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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 4 contracts
Samples: Amendment Agreement (Repros Therapeutics Inc.), Amendment Agreement (Repros Therapeutics Inc.), Amendment Agreement (Repros Therapeutics Inc.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), or Section 5 (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one two (12) Business Day Days 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 3 contracts
Samples: Metalico Inc, Metalico Inc, Metalico Inc
Redemption by Other Holders. Upon the Company's ’s or the Parent Guarantor’s receipt of notice from or on behalf of any of the holders of the Other Notes or the Additional Securities, if any, for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b) or Section 5(b) or pursuant to analogous provisions set forth in the Other Notes, the Additional Notes or the Certificate of an Event of Default or a Major Transaction Designations (each, an "“Other Redemption Notice"”), the Company or the Parent Guarantor (as applicable) shall immediatelypromptly, 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 or the Parent Guarantor 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 such Person’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's such Person’s receipt of the Holder's ’s Redemption Notice and the Company is unable to redeem all the entire Redemption Prices and such 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 the Holder and each holder of the Warrants (including Other Notes and the Holder) Additional Securities, if any, based on the number Principal amount of Warrants this Note, the principal amount of the Other Notes and the Additional Notes and/or the Stated Value of the Series A Preferred Shares submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company or the Parent Guarantor during such seven (7) Business Day period.
Appears in 3 contracts
Samples: Third Supplemental Agreement (Acacia Research Corp), Second Supplemental Agreement (Acacia Research Corp), Fourth Supplemental Agreement (Acacia Research Corp)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 5(a) (each, an "“Other Redemption Notice"”), the Company shall immediatelyshall, but no later than one within two (12) Business Day of its receipt thereofDay, forward to the Holder by (via facsimile and overnight courier) a copy of such noticenotice along with details regarding the event or occurrence leading to the redemption or repayment. If the Company receives a an Event of Default 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 four (34) Business Days prior to the Company's ’s receipt of the Holder's ’s Event of Default Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s Event of Default Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Event of Default Redemption Notice and such Other Redemption Notices received during such seven eight (7) 8) Business Day period, then the Company shall redeem a pro rata amount from each holder of the Warrants Notes (including the Holder) based on the number principal amount of Warrants the Notes submitted for redemption pursuant to such Event of Default Redemption Notice and such Other Redemption Notices received by the Company during such seven eight (7) 8) Business Day period.
Appears in 3 contracts
Samples: Registration Rights Agreement (KKR & Co. L.P.), Convertible Note Sale Agreement (Cordlife Group LTD), Convertible Note Purchase Agreement (China Cord Blood Corp)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes (other than any such holder which is an Affiliate of the Holder) for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described Section 5.2 (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one two (12) Business Day of Days after its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Change of Control 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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s Change of Control Redemption Notice and ending on and including the date which is three five (35) Business Days after the Company's ’s receipt of the Holder's ’s Change of Control Redemption Notice and the Company is unable to redeem all amounts principal, interest and any other amount designated in such Change of Control 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants the Notes submitted for redemption pursuant to such Change of Control Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 2 contracts
Samples: Venus Concept Inc., Venus Concept Inc.
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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 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) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Rock Creek Pharmaceuticals, Inc.), Securities Purchase Agreement (Sundial Growers Inc.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) or pursuant to corresponding provisions set forth in the Other Notes (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 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) Business Days prior to the Company's ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 redeem, a pro rata amount from the Holder and each holder of the Warrants (including the Holder) Other Notes based on the number Principal amount of Warrants this Note and the Other 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.
Appears in 2 contracts
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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 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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 2 contracts
Samples: Securities Purchase Agreement (GigCapital5, Inc.), Securities Purchase Agreement (EF Hutton Acquisition Corp I)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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, immediately 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, 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Antigenics Inc /De/)
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (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 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) Business Days prior to the Company's receipt of the Holder's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 redeem, a pro rata amount from the Holder and each holder of the Warrants (including the Holder) Other Notes based on the number Principal amount of Warrants this Note and the Other 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.
Appears in 2 contracts
Samples: Volcon, Inc., Volcon, Inc.
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b) or Section 9(a) (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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Esports Entertainment Group, Inc.), Esports Entertainment Group, Inc.
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Debentures for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b) or Section 8 (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 ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Debentures (including the Holder) based on the number principal amount of Warrants the Debentures submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Baxano Surgical, Inc.), Securities Purchase Agreement (Baxano Surgical, Inc.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 4(c), Section 5(b) or Section 5(c) or pursuant to equivalent provisions set forth in the Other Notes (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) Business Days prior to the Company's ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 the Holder and each holder of the Warrants Other Notes (including the Holder) based on the number Principal amount of Warrants this Note and the Other 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.
Appears in 2 contracts
Samples: Panacea Life Sciences Holdings, Inc., Panacea Life Sciences Holdings, Inc.
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 5(a) (each, an "“Other Redemption Notice"”), the Company shall immediatelyshall, but no later than one within two (12) Business Day of its receipt thereofDay, forward to the Holder by (via facsimile and overnight courier) a copy of such noticenotice along with details regarding the event or occurrence leading to the redemption or repayment. 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 four (34) Business Days prior to the Company's ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 eight (7) 8) Business Day period, then the Company shall redeem a pro rata amount from each holder of the Warrants Notes (including the Holder) based on the number principal amount of Warrants the Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven eight (7) 8) Business Day period.
Appears in 2 contracts
Samples: Registration Rights Agreement (China Cord Blood Corp), Convertible Note Purchase Agreement (KKR & Co. L.P.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b) or Section 5(c) or the Company’s delivery of an Event of Default or a Major Transaction Company Optional Redemption Notice pursuant to Section 9(e) (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately 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, 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the other Notes or Second Closing Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4 or Section 5.2 (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one five (15) Business Day of Days after 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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three five (35) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) and the Second Closing Notes based on the number principal amount of Warrants 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.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) or Section 5(c) (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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Globus Maritime LTD)
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or the occurrence of an Event one of Default the events or a Major Transaction occurrences described in Section 5(b) or Section 6(b) or pursuant to equivalent provisions set forth in the Other Notes (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) Business Days prior to the Company's receipt of the Holder's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 the Holder and each holder of the Warrants (including the Holder) Other Notes based on the number Principal amount of Warrants this Note and the Other 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Air Industries Group)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) or Section 5(b) or pursuant to corresponding provisions set forth in the Other Notes (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 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) Business Days prior to the Company's ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 redeem, a pro rata amount from the Holder and each holder of the Warrants (including the Holder) Other Notes based on the number Principal amount of Warrants this Note and the Other 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.
Appears in 1 contract
Samples: SOBR Safe, Inc.
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 8.2 (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 ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Broadcast International Inc
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b) or Section 8 (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 ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Ads in Motion, Inc.
Redemption by Other Holders. Upon the Company's receipt of ------------------------------ notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) or Section 5(b) (each, an "Other Redemption NoticeOTHER REDEMPTION NOTICE"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Exchange Agreement (Charys Holding Co Inc)
Redemption by Other Holders. Upon the Company's receipt of notice from any of the other holders of the Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default or a Major Transaction (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 all other Holders by facsimile a copy of such noticeOther Redemption Notices. 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's Redemption Notice 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Senior Secured Grid Note (Alternative Construction Company, Inc.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence substantially similar to the events or occurrences described in Section 3(b) or Section 4(c) or the Company’s delivery of an Event of Default or a Major Transaction Company Optional Redemption Notice pursuant to Section 5(a) (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by facsimile email a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number outstanding Principal amount of Warrants 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.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 3(b) or 6 (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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes or the Additional Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to equivalent provisions set forth in the Other Notes and the Additional Notes (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one three (13) Business Day Days 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 Warrants Notes and the Additional Notes (including the Holder) based on the number principal amount of Warrants the Notes and the Additional 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.
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) or Section 5(b) or pursuant to equivalent provisions set forth in the Other Notes (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) Business Days prior to the Company's ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 the Holder and each holder of the Warrants Other Notes (including the Holder) based on the number Principal amount of Warrants this Note and the Other 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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 electronic mail a copy of such noticenotice (with a copy to the Trustee). 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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ondas Holdings Inc.)
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b), Section 5(d) or Section 10 (each, an "Other Redemption NoticeOTHER REDEMPTION NOTICE"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Inksure Technologies Inc.
Redemption by Other Holders. Upon the Company's ’s or Allora’s, as applicable, receipt of notice from any of the holders of the other Warrants (issued pursuant to Section 1.07 of the Purchase Agreement) for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default or a Major Transaction (each, an "Other Redemption Notice"), the Company it 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 or Allora, as applicable, 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 ’s or Allora’s receipt, as applicable, of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt ’s or Allora’s receipt, as applicable, of the Holder's Redemption Notice and the Company or Allora, as applicable, is unable to redeem all amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company or Allora, as applicable, shall redeem a pro rata amount from each holder of the Warrants (including the Holder) based on the number of Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company or Allora, as applicable, during such seven (7) Business Day period.
Appears in 1 contract
Samples: Allora Minerals, Inc.
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(a), Section 5(b) or Section 8 (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 noticenotice and make a prompt public announcement thereof. If the Company receives a Redemption Notice and one or more Other Redemption Notices, 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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 ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Superconductor Corp /De/)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "“Other Warrants"”) as a result of an event or occurrence of an Event of Default or a Major Transaction (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one five (15) Business Day Days 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s Redemption Notice and the Company is unable to redeem all 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 Warrants (including the Holder) based on the number of Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 1 contract
Samples: VirtualScopics, Inc.
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants"“OTHER WARRANTS”) as a result of an event or occurrence of an Event of Default or a Major Transaction (each, an "Other Redemption NoticeOTHER 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's Redemption Notice and the Company is unable to redeem all 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 Warrants (including the Holder) based on the number of Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b), Section 8 or Section 9 or pursuant to equivalent provisions set forth in the Other Notes (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) Business Days prior to the Company's ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 the Holder and each holder of the Warrants Other Notes (including the Holder) based on the number Principal amount of Warrants this Note and the Other 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Debentures for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by facsimile a copy of such notice. The Holder shall have five Business Days from receipt of such facsimile copy of such Other Redemption Notice to deliver a Redemption Notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) such five 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 periodNotices, then the Company shall redeem a pro rata amount from each holder of the Warrants Debentures (including the Holder) based on the number principal amount of Warrants the Debentures submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) five Business Day period.
Appears in 1 contract
Samples: Securities Purchase Agreement (Telecommunication Systems Inc /Fa/)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(c), Section 6(c), Section 10(a) or Section 10(b) (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately 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, 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number aggregate principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Global Power Equipment Group Inc/)
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes or the Additional Securities, if any, for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 6 or pursuant to analogous provisions set forth in the Other Notes, the Additional Notes or the Certificate of an Event of Default or a Major Transaction Designations (each, an "Other Redemption Notice"), the Company shall immediatelypromptly, 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's Redemption Notice and the Company is unable to redeem all the entire Redemption Prices and such 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 the Holder and each holder of the Warrants (including Other Notes and the Holder) Additional Securities, if any, based on the number Principal amount of Warrants this Note, the principal amount of the Other Notes and the Additional Notes and/or the Stated Value of the Series A Preferred Shares submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(a) or Section 9 (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 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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and the Company is unable to redeem all principal, make-whole amount, 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b), Section 10 or Section 11 (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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Additional Convertible Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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, immediately 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Convertible Notes (including the Holder) based on the number principal amount of Warrants the Convertible 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.
Appears in 1 contract
Samples: WorldSpace, Inc
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any Holder or holder of the holders Notes, if any, for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 6(b), Section 7(a) or Section 8 or pursuant to analogous provisions set forth in the Notes (each, an "“Other Redemption Notice"”), the Company shall immediatelypromptly, but no later than one (1) Business Day of its receipt thereof, forward to the each 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 ’s receipt of the such Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the a Holder's ’s Redemption Notice and the Company is unable to redeem all the entire Redemption Prices and such 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 and holder of the Warrants (including the Holder) Notes, if any, based on the number Stated Value of Warrants the Series A Preferred Shares and principal amount of 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.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) or Section 5(b) (each, an "Other Redemption Notice"), the Company shall immediatelyshall, but no later than one (1) Business Day of its receipt thereofas soon as practicable, 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Composite Technology Corp)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b) or Section 10 (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 ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Registration Rights Agreement (Crumbs Bake Shop, Inc.)
Redemption by Other Holders. Upon the Company's Issuer’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) or Section 5(b) or pursuant to corresponding provisions set forth in the Other Notes (each, an "“Other Redemption Notice"”), the Company Issuer 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 Subject to the Company terms of each Intercreditor Agreement, if the Issuer 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 that is three (3) Business Days prior to the Company's Issuer’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's Issuer’s receipt of the Holder's ’s Redemption Notice and the Company Issuer 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 Issuer shall redeem a pro rata amount from the Holder and each holder of the Warrants (including the Holder) Other Notes based on the number Principal amount of Warrants this FILO C Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company Issuer during such seven (7) Business Day period.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 6(b) or Section 7(e) (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 an Event of Default Redemption Notice or a Holder Optional 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 ’s receipt of the Holder's ’s applicable Event of Default Redemption Notice or applicable Holder Optional Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s applicable Event of Default Redemption Notice or applicable Holder Optional Redemption Notice and the Company is unable to redeem all principal, interest, Make-Whole Amounts, Late Fees and other amounts designated in such Event of Default Redemption Notice or Holder Optional 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants the Notes submitted for redemption pursuant to such Event of Default Redemption Notice or Holder Optional Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 1 contract
Samples: New Age Beverages Corp
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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, immediately 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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 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) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice or Other Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s applicable Redemption Notice or Other 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Delcath Systems, Inc.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s Redemption Notice and the Company is unable unable, as a result of having insufficient funds, 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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, and shall redeem the balance of such principal amount immediately upon its receipt of sufficient funds to do so.
Appears in 1 contract
Samples: Securities Purchase Agreement (Charys Holding Co Inc)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the other Notes or First Closing Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4 or Section 5.2 (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one five (15) Business Day of Days after 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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three five (35) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) and the First Closing Notes based on the number principal amount of Warrants 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.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's Company‘s receipt of notice from any of the holders of the Additional Bridge Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately 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 Company‘s receipt of the Holder's Holder‘s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's Company‘s receipt of the Holder's Holder‘s 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 Warrants Bridge Notes (including the Holder) based on the number principal amount of Warrants the Bridge 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.
Appears in 1 contract
Samples: WorldSpace, Inc
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 5(b) or pursuant to equivalent provisions set forth in the Other Notes (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 electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven five (75) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company's ’s receipt of the Holder's ’s 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 five (75) Business Day period, then the Company shall redeem a pro rata amount from the Holder and each holder of the Warrants Other Notes (including the Holder) based on the number Principal amount of Warrants the Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven five (75) Business Day period.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cellect Biotechnology Ltd.)
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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 Trading 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 Trading Day period beginning on and including the date which is three (3) Business Trading Days prior to the Company's receipt of the Holder's Redemption Notice and ending on and including the date which is three (3) Business Trading Days after the Company's receipt of the Holder's 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 Trading Day period, then the Company shall redeem a pro rata amount from each holder of the Warrants Notes (including the Holder) based on the number principal amount of Warrants the Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Trading Day period.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Additional Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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, immediately 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Royalty Agreement (WorldSpace, Inc)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b) or Section 8 (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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Minrad International, Inc.)
Redemption by Other Holders. Upon the Company's ’s receipt of the first notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 3(b) (each, an "Other the “Initial Redemption Notice"”), the Company shall immediately, but no later than one (1) Business Day of after its receipt thereof, forward to the Holder by facsimile a copy of such notice. If the Company receives a Redemption Notice from the Holder and one or more notices 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 3(b) (each, an “Other Redemption NoticesNotice”), during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to following the Company's ’s receipt of the Holder's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's Initial Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice, the Initial Redemption Notice and such the 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants the Notes submitted for redemption pursuant to such Redemption Notice, the Initial Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 1 contract
Samples: Workstream Inc
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(a), Section 5(b) or Section 6 (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 noticenotice and make a prompt public announcement thereof. If the Company receives a Redemption Notice and one or more Other Redemption Notices, 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Security Agreement (Nestor Inc)
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "“Other Warrants"”) as a result of an event or occurrence of an Event of Default or a Major Transaction (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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's Redemption Notice and the Company is unable to redeem all amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day periodperiod (as defined in Section 12 below), then the Company shall redeem a pro rata amount from each holder of the Warrants (including the Holder) based on the number of Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b) or Section 7 or pursuant to equivalent provisions set forth in the Other Notes (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) Business Days prior to the Company's ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 the Holder and each holder of the Warrants Other Notes (including the Holder) based on the number Principal amount of Warrants this Note and the Other 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.
Appears in 1 contract
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any Holder of the holders Series 2 Debentures for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(c) or Section 5 (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the each other Holder (which may be by facsimile e-mail) a copy of such notice. If the Company receives a an Event of Default 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 ’s receipt of the Holder's ’s applicable Event of Default Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the a Holder's ’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 Holder of the Warrants (including the Holder) Series 2 Debentures based on the number principal amount of Warrants the Series 2 Debentures submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 1 contract
Samples: Second Supplemental Indenture (North American Palladium LTD)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (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 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) Business Days prior to the Company's ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 redeem, a pro rata amount from the Holder and each holder of the Warrants (including the Holder) Other Notes based on the number Principal amount of Warrants this Note and the Other 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.
Appears in 1 contract
Samples: MassRoots, Inc.
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any Holder of the holders Series 1 Debentures for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(c) or Section 5 (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the each other Holder (which may be by facsimile e-mail) a copy of such notice. If the Company receives a an Event of Default 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 ’s receipt of the Holder's ’s applicable Event of Default Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the a Holder's ’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 Holder of the Warrants (including the Holder) Series 1 Debentures based on the number principal amount of Warrants the Series 1 Debentures submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.
Appears in 1 contract
Samples: First Supplemental Indenture (North American Palladium LTD)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction occurrences described in Section 4(b) or Section 5(a) (each, an "“Other Redemption Notice"”), the Company shall immediately, but no later than one two (12) Business Day Days 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 two (32) Business Days prior to the Company's ’s receipt of the Holder's ’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company's ’s receipt of the Holder's ’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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (BOQI International Medical, Inc.)
Redemption by Other Holders. Upon the Company's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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 Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's receipt of the Holder's 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Rancher Energy Corp.)
Redemption by Other Holders. Upon the Company's ’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence of an Event of Default substantially similar to the events or a Major Transaction 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 ’s receipt of the Holder's ’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company's ’s receipt of the Holder's ’s 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 Warrants Notes (including the Holder) based on the number principal amount of Warrants 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.
Appears in 1 contract
Samples: Securities Purchase Agreement (Biovest International Inc)