Common use of Redemption by the Company Clause in Contracts

Redemption by the Company. At any time commencing one year after the Exercise Date, the Company shall have the right and option, upon 30 days' written or published notice to the Warrant Holders, to call, redeem and acquire all of the Warrants remaining outstanding and unexercised at the date fixed for such redemption in such notice (the "Redemption Date"), which Redemption Date shall be 30 days after the date of such notice, for an amount equal to $.02 per Warrant; provided however, that the closing bid quotation for the Common Stock for at least 15 of the 20 consecutive business days ending on the date of the Company's giving notice of redemption has been at least 125% of the then effective Exercise Price per share; and further provided, however, that the Warrant Holders shall in any event have the right during the 30 day period immediately following the date of such notice to exercise the Warrants in accordance with the provisions of Section 8 of this Agreement. In the event any Warrants are exercised during such 30-day period, this call option shall be deemed not to have been exercised by the Company as to the Warrants exercised by holders thereof. The notice of redemption shall require each Warrant Holder to surrender to the Company on the Redemption Date at the corporate office of the Warrant Agent his certificate or certificates representing the Warrants to be redeemed. Notwithstanding the fact that any Warrants called for redemption have not been surrendered for redemption and cancellation on the Redemption Date, after the Redemption Date, such Warrants shall be deemed to be expired and all rights of the Warrant Holders of such unsurrendered Warrants shall cease and terminate, other than the right to receive the redemption price of $.02 per Warrant for such Warrants, without interest; provided, however, that such right to receive the redemption price of $.02 per Warrant shall itself expire one year from the Redemption Date. In the event the Exercise Price is adjusted pursuant to Section 13 of this Agreement, then a corresponding adjustment shall be made in the redemption price pursuant to this Section 15.

Appears in 1 contract

Samples: Warrant Agreement (Jovian Energy Inc)

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Redemption by the Company. At any time commencing one year after the Exercise Date, the Company shall have the right and option, upon 30 days' written or published notice to the Warrant Holders, to call, redeem and acquire all of the Warrants remaining outstanding and unexercised at the date fixed for such redemption in such notice (the "Redemption Date"), which Redemption Date shall be 30 days after the date of such notice, for an amount equal to $.02 per Warrant; provided however, that the closing bid quotation for the Common Stock for at least 15 20 of the 20 30 consecutive business days ending on the date of the Company's giving notice of redemption has been at least 125% of the then effective Exercise Price $4.00 per share; and further provided, however, that the Warrant Holders shall in any event have the right during the 30 day period immediately following the date of such notice to exercise the Warrants in accordance with the provisions of Section 8 of this Agreement. In the event any Warrants are exercised during such 30-30 day period, this call option shall be deemed not to have been exercised by the Company as to the Warrants exercised by holders thereof. The notice of redemption shall require each Warrant Holder to surrender to the Company on the Redemption Date at the corporate office of the Warrant Agent his certificate or certificates representing the Warrants to be redeemed. Notwithstanding the fact that any Warrants called for redemption have not been surrendered for redemption and cancellation on the Redemption Date, after the Redemption Date, such Warrants shall be deemed to be expired and all rights of the Warrant Holders of such unsurrendered Warrants shall cease and terminate, other than the right to receive the redemption price of $.02 per Warrant for such Warrants, without interest; provided, however, that such right to receive the redemption price of $.02 per Warrant shall itself expire one year from the Redemption Date. In the event the Exercise Price is adjusted pursuant to Section 13 of this Agreement, then a corresponding adjustment shall be made in the redemption price pursuant to this Section 15.

Appears in 1 contract

Samples: Warrant Agreement (Double Eagle Petroleum & Mining Co)

Redemption by the Company. At The Company may redeem, at any time commencing one year after and from time to time, without penalty, all or a portion of the Exercise Date, outstanding Class D Preferred Units at a price per Unit in cash equal to the Class D Preferred Liquidation Value (the “Redemption Price”). The Company shall have the right and option, upon 30 days' written or published notice to the Warrant Holders, to call, redeem and acquire give all of the Warrants remaining outstanding and unexercised holders of the Class D Preferred Units a written notice at the date fixed for such last address of each holder designated on the records of the Company of its determination to effect a redemption in such notice (the "“Company Redemption Notice”), specifying the redemption date (“Redemption Date"), which Redemption Date shall be 30 no less than ten (10) and not more twenty (20) days after the date of such notice, for an amount equal to $.02 per Warrant; provided however, that the closing bid quotation for the Common Stock for at least 15 delivery of the 20 consecutive business days ending Redemption Notice, the number of Class D Preferred Units to be redeemed, which to the extent is less than all outstanding Class D Preferred Units shall be on the date a pro rata basis among all holders of the Company's giving notice of redemption has been at least 125% of the then effective Exercise Price per share; and further provided, however, that the Warrant Holders shall in any event have the right during the 30 day period immediately following the date of such notice to exercise the Warrants Class D Preferred Units in accordance with the provisions number of Section 8 of this AgreementClass D Preferred Units hold by such holder, and the Redemption Price. In On the event any Warrants are exercised during such 30-day period, this call option shall be deemed not to have been exercised Redemption Date and upon receipt by the Company as to the Warrants exercised by holders thereof. The notice of redemption shall require each Warrant Holder to surrender evidence satisfactory to the Company on the Redemption Date at the corporate office of the Warrant Agent his certificate or certificates representing ownership of the Warrants Class D Preferred Units, the holder thereof shall be entitled to be redeemedreceive payment therefor. Notwithstanding the fact that any Warrants called for redemption have not been surrendered for redemption and cancellation on After the Redemption Date, after the Class D Preferred Units subject to a Company Redemption Date, such Warrants Notice shall be deemed to be expired no longer constitute issued and all rights outstanding Units of the Warrant Holders of such unsurrendered Warrants Company and shall cease and terminate, other than only constitute the right rights to receive the redemption price of $.02 per Warrant for such Warrants, without interest; provided, however, that such right to receive the redemption price of $.02 per Warrant shall itself expire one year from the Redemption Date. In the event the Exercise Price is adjusted pursuant to Section 13 of this Agreement, then a corresponding adjustment shall be made in the redemption price pursuant to this Section 15.as set forth herein

Appears in 1 contract

Samples: Operating Agreement (Black Elk Energy Offshore Operations, LLC)

Redemption by the Company. At The Company may redeem, at any time commencing one year and from time to time, all or a portion of the outstanding Class E Preferred Units at a price per Unit in cash equal to the Class E Preferred Liquidation Value plus, if such redemption occurs prior to the date which is six (6) months after the Exercise Dateissuance of the Class E Preferred Units to be redeemed, two percent (2%) of the Class E Preferred Liquidation Value of such Class E Preferred Units (the “Redemption Price”). The Company shall have the right and option, upon 30 days' written or published notice to the Warrant Holders, to call, redeem and acquire give all of the Warrants remaining outstanding and unexercised holders of the Class E Preferred Units a written notice at the date fixed for such last address of each holder designated on the records of the Company of its determination to effect a redemption in such notice (the "“Company Redemption Notice”), specifying the redemption date (“Redemption Date"), which Redemption Date shall be 30 no less than ten (10) and not more twenty (20) days after the date of such notice, for an amount equal to $.02 per Warrant; provided however, that the closing bid quotation for the Common Stock for at least 15 delivery of the 20 consecutive business days ending Redemption Notice, the number of Class E Preferred Units to be redeemed, which to the extent is less than all outstanding Class E Preferred Units shall be on the date a pro rata basis among all holders of the Company's giving notice of redemption has been at least 125% of the then effective Exercise Price per share; and further provided, however, that the Warrant Holders shall in any event have the right during the 30 day period immediately following the date of such notice to exercise the Warrants Class E Preferred Units in accordance with the provisions number of Section 8 of this AgreementClass E Preferred Units held by such holder, and the Redemption Price. In On the event any Warrants are exercised during such 30-day period, this call option shall be deemed not to have been exercised Redemption Date and upon receipt by the Company as to the Warrants exercised by holders thereof. The notice of redemption shall require each Warrant Holder to surrender evidence satisfactory to the Company on the Redemption Date at the corporate office of the Warrant Agent his certificate or certificates representing ownership of the Warrants Class E Preferred Units, the holder thereof shall be entitled to be redeemedreceive payment therefor. Notwithstanding the fact that any Warrants called for redemption have not been surrendered for redemption and cancellation on After the Redemption Date, after the Class E Preferred Units subject to a Company Redemption Date, such Warrants Notice shall be deemed to be expired no longer constitute issued and all rights outstanding Units of the Warrant Holders of such unsurrendered Warrants Company and shall cease and terminate, other than only constitute the right rights to receive the redemption price of $.02 per Warrant for such Warrants, without interest; provided, however, that such right to receive the redemption price of $.02 per Warrant shall itself expire one year from the Redemption Date. In the event the Exercise Price is adjusted pursuant to Section 13 of this Agreement, then a corresponding adjustment shall be made in the redemption price pursuant to this Section 15.as set forth herein

Appears in 1 contract

Samples: Operating Agreement (Black Elk Energy Offshore Operations, LLC)

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Redemption by the Company. At (a) Notwithstanding anything to the contrary herein or in the Restated Articles, at any time commencing one year after the Exercise earlier of (i) the fourth anniversary of the Closing Date (as defined in the Purchase Agreement) (if the Company has not consummated a Qualified IPO), (ii) if there is any change of laws or policy with respect to the validity of the Amended Restructuring Documents (as defined in the Purchase Agreement), (iii) if there is any change of laws or policy which makes the Group Companies unable to carry on its Business (as defined in the Purchase Agreement) as now conducted and as proposed to be conducted, (iv) any material breach by the Group Companies and/or the holders of Ordinary Shares of any representatives, warranties or covenants of the Transaction Documents, or (v) the Company’s receipt of the request from any holder of the Series Seed-A Preferred Shares or Series Seed-B Preferred Shares to redeem any of the Series Seed-A Preferred Shares or Series Seed-B Preferred Shares pursuant to this Section 6 (the “Series Seed-C Redemption Start Date”), then subject to the applicable laws of the Cayman Islands and, if so requested by any holder of the Series Seed-C Preferred Shares, the Company shall have the right and option, upon 30 days' written redeem all or published notice to the Warrant Holders, to call, redeem and acquire all part of the Warrants remaining outstanding and unexercised at the date fixed for such redemption Series Seed-C Preferred Shares in such notice cash out of funds legally available therefor (the "“Series Seed-C Redemption”). The price at which each Series Seed-C Preferred Share shall be redeemed (the “Series Seed-C Redemption Date")Price”) shall be the number calculated based on the following formula: IP ´ (1 + 8 %) N + D, where IP = Series Seed-C Preferred Share Deemed Issue Price (as defined in the Restated Articles) for the Series Seed-C Preferred Share; N = a fraction the numerator of which is the number of calendar days between (i) (x) March 26, 2015, with respect to 9,544,186 Series Seed-C Preferred Shares held by Investec Bank plc, 5,344,744 Series Seed-C Preferred Shares held by Matrix Partners China III Hong Kong Limited, 763,534 Series Seed-C Preferred Shares held by Vertex Asia Fund Pte. Ltd., 3,817,674 Series Seed-C Preferred Shares held by Zhong Capital Fund, L.P., 763,535 Series Seed-C Preferred Shares held by Moon Wan Sun Investments Company Limited, 3,817,674 Series Seed-C Preferred Shares held by Magic Stone Alternative Private Equity Fund, L.P., 381,767 Series Seed-C Preferred Shares held by Xiaomi Ventures Limited, 893,718 Series Seed-C Preferred Shares held by Shunwei TMT III Limited, 91,663 Series Seed-C Preferred Shares held by Hillingdon Ventures Limited, 1,908,837 Series Seed-C Preferred Shares held by DELIGHT TREASURE HOLDINGS LIMITED, all Series Seed-C Preferred Shares held by Ventech China II SICAR, Xxxxxxxxx Ventures Limited, Sheen Profit Holdings Limited, China eCapital Investment Holdings, Ltd., (y) June 4, 2015, with respect to 763,535 Series Seed-C Preferred Shares held by Investec Bank plc, all Series Seed-C Preferred Shares held by Woo Foong Hong Limited and Mandra iBase Limited, (z) December 1, 2017, with respect to other Series Seed-C Preferred Shares, and (ii) the relevant Redemption Date shall be 30 days after on which such Series Seed-C Preferred Share is redeemed and the denominator of which is 365; D = all declared but unpaid dividends on each Series Seed-C Preferred Share up to the date of such noticeredemption, proportionally adjusted for an amount equal to $.02 per Warrant; provided howevershare subdivisions, that the closing bid quotation for the Common Stock for at least 15 of the 20 consecutive business days ending on the date of the Company's giving notice of redemption has been at least 125% of the then effective Exercise Price per share; and further providedshare dividends, howeverreorganizations, that the Warrant Holders shall in any event have the right during the 30 day period immediately following the date of such notice to exercise the Warrants in accordance with the provisions of Section 8 of this Agreement. In the event any Warrants are exercised during such 30-day periodreclassifications, this call option shall be deemed not to have been exercised by the Company as to the Warrants exercised by holders thereof. The notice of redemption shall require each Warrant Holder to surrender to the Company on the Redemption Date at the corporate office of the Warrant Agent his certificate consolidations or certificates representing the Warrants to be redeemed. Notwithstanding the fact that any Warrants called for redemption have not been surrendered for redemption and cancellation on the Redemption Date, after the Redemption Date, such Warrants shall be deemed to be expired and all rights of the Warrant Holders of such unsurrendered Warrants shall cease and terminate, other than the right to receive the redemption price of $.02 per Warrant for such Warrants, without interest; provided, however, that such right to receive the redemption price of $.02 per Warrant shall itself expire one year from the Redemption Date. In the event the Exercise Price is adjusted pursuant to Section 13 of this Agreement, then a corresponding adjustment shall be made in the redemption price pursuant to this Section 15.mergers;

Appears in 1 contract

Samples: Shareholders Agreement (Pintec Technology Holdings LTD)

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