Repayment of Convertible Notes. If the Company repays the outstanding indebtedness under the Convertible Notes in cash in lieu of converting the Convertible Notes into shares of the Company's Common Stock, the Company shall not use the proceeds of an offering of its equity securities to pay any part of the outstanding indebtedness under the Convertible Notes unless the average closing price per share of the Company's Common Stock over the five consecutive trading days immediately preceding the repayment date is at least $15.00. The foregoing limitation on the Company's use of proceeds of an equity financing to repay the Convertible Notes shall terminate upon a Change of Control Transaction (as such term is defined in the Convertible Notes).
Repayment of Convertible Notes. The Company covenants that prior to the Repayment Date it will deposit with the Trustee or with a Paying Agent accrued and unpaid interest on, all the Convertible Notes or portions thereof, as the case may be, to be repaid on such Repayment Date.
Repayment of Convertible Notes. Repayment of other Indebtedness], in each case after July 1, 2010 and prior to such date of determination.
Repayment of Convertible Notes. Notwithstanding anything to the contrary in the Convertible Debt Documents, but subject to the subordination provisions contained in the Indenture, the Borrower shall not make any principal payment of the Convertible Notes prior to October 1, 2011or, as permitted in the Indenture based on a “fundamental change” of the Borrower (as such term is defined in the Indenture), without the prior written consent of the Required Banks; provided however, the Borrower may, so long as no Event of Default or Potential Default exists immediately prior to or would exist after giving effect to such payment (a) pay the settlement amount with respect to each $1,000 aggregate principal amount of Convertible Notes converted into shares of the Borrower’s common stock (i) in cash, which shall not exceed the lesser of (x) $1,000 and (y) the conversion value of such Convertible Notes pursuant to the terms and conditions of the Indenture and (ii) if the conversion value of such Convertible Notes exceeds $1,000, in the number of shares of the Company’s common stock as calculated pursuant to the terms and conditions of the Indenture, and (b) with respect to the conversion of the Convertible Notes into shares of the Borrower’s common stock, the Borrower may pay the cash value of fractional shares of the Borrower’s common stock pursuant to the terms and conditions of the Indenture and additional amounts to the extent the Borrower is required to pay such amounts under the Indenture.”
Repayment of Convertible Notes. (a) Each Note Holder agrees that, simultaneously with the consummation of the Merger and at the Effective Time, the Convertible Note then held by it shall (automatically and without further action by such Note Holder) be cancelled and deemed to be paid-in-full and each Note Holder shall be entitled to receive as payment therefor that number of Payment Shares to which such Note Holder is entitled pursuant to Section 2.2(c) below.
Repayment of Convertible Notes. The Company shall repay in full the Convertible Notes within ten (10) days of the Closing and shall provide Buyer with written certification of the same.
Repayment of Convertible Notes. Repayment of other Indebtedness], in each case after July 1, 2010 and prior to such date of determination. Daily Euro-Rate shall mean, for any day, the rate per annum determined by the Administrative Agent by dividing (i) the Published Rate by (ii) a number equal to 1.00 minus the Euro-Rate Reserve Percentage on such day. Defaulting Bank shall mean any Bank that has (a) failed to fund (i) any portion of the Revolving Credit Loans required to be funded by it hereunder within one Business Day of the date required to be funded by it hereunder unless such Bank notifies the Administrative Agent and TGI in writing that such failure is the result of such Bank's good faith determination that one or more conditions precedent to funding (each of which conditions precedent, together with any applicable default, shall be specifically identified in such writing) has not been satisfied, or (ii) participations with respect to Letters of Credit (as provided in Section 2.8.3), or participations in Swing Loans (as provided in Section 2.9.5) required to be funded by it hereunder within one Business Day of the date required to be funded by it hereunder, in each case, unless such failure has been cured and all interest accruing as a result of such failure has been fully paid in accordance with the terms hereof, (b) otherwise failed to pay over to the Administrative Agent or any other Bank any other amount required to be paid by it hereunder within one Business Day of the date when due, unless the subject of a good faith dispute or unless such failure has been cured and all interest accruing as a result of such failure has been fully paid in accordance with the terms hereof, (c) notified the Borrowers, the Administrative Agent, or any Issuing Bank in writing or has made any public statement to the effect that it does not intend to comply with any of its funding obligations under this Agreement or under any other agreements in which it commits to extend credit, (d) failed, within one Business Day after request by the Administrative Agent, to confirm that it will comply with the terms of this Agreement relating to its obligations to fund prospective Loans and participations in then outstanding Letters of Credit or Swing Loans or (e) has or has a parent company that has been deemed insolvent or become the subject of an Insolvency Proceeding. Documentation Agent shall mean individually U.S. Bank National Association, Manufacturers and Traders Trust Company, TD Bank, N.A., and The B...
