Termination of Call Option. In the event the Company becomes a Public Company, the Call Option shall immediately terminate as to any Option Shares issued upon exercise of the Option.
Termination of Call Option. The option granted to the Subordination Agent pursuant to this Agreement shall terminate upon:
Termination of Call Option. All rights and obligations created pursuant to Section 11(a) shall be extinguished upon the earlier of (I) June 30, 2002 or (II) a Public Offering.
Termination of Call Option. (i) If, (A) an Event of Default shall have occurred and be continuing under Section 501 of the Original Indenture (in such event, a Callholder may terminate the Call Option by written notice to the Trustee) or (B) following the Call Notice, less than two Dealers (as defined below) have submitted Bids (as defined below) in a timely manner substantially as provided below then (a) the related Call Option shall immediately terminate and (b) no amount shall be payable as a result of such termination.
Termination of Call Option. In the event of the consummation of any firm commitment underwritten public offering by the Company of its equity securities pursuant to an effective registration statement filed under the Securities Act of 1933, as amended, resulting in gross proceeds to the Company of not less than $60 million, the Call Option shall immediately terminate as to any Shares acquired upon exercise of the Option.
Termination of Call Option. Except as otherwise specified in clause (a) below, the Call Option will automatically and immediately terminate, no payment will be due from the Callholder and the Coupon Reset Process will terminate, if any of the following occurs: (a) at any time prior to the sale of the Debentures on the third Business Day immediately preceding the Applicable Coupon Reset Date (the "Bid Date"), (i) an Event of Default has occurred and is continuing under Sections 501(1), (2), (3), (4) or (7) under the Original Indenture, (ii) a default, event of default or other similar condition or event (however described) in respect of the Company or any of its subsidiaries has occurred under one or more agreements or instruments relating to indebtedness of the Company or any of its subsidiaries (individually or collectively) in an aggregate amount of not less than $25,000,000, which has resulted in such indebtedness becoming due and payable, under such agreements or instruments, before it would otherwise have been due and payable, or (iii) the Company or any of its subsidiaries has defaulted in making one or more payments on the due date thereof in an aggregate amount of not less than $25,000,000 under such agreements or instruments (after giving effect to any applicable notice requirement or grace period) (in any such event, termination is at Callholder's option) or an Event of Default has occurred and is continuing under Sections 501(5) or (6) under the Original Indenture (in any such event, termination is automatic), (b) if following the Call Notice, less than two dealers named on a list of dealers provided by the Company to Xxxxxx Xxxxxxx & Co. Incorporated, as calculation agent (the "Calculation Agent"), have provided an irrevocable written offer for the purchase of the Debentures, settling on the Applicable Coupon Reset Date, in a timely manner as provided in the Calculation Agency Agreement, dated as of June 9, 1998 (the "Calculation Agency Agreement"), between the Company and the Calculation Agent, (c) if, following the Call Notice, the Callholder fails to pay the Call Price by 2:00 p.m., New York time, on the Business Day prior to the Applicable Coupon Reset Date due to the occurrence of a Market Disruption Event, (d) if the Company elects to have Section 1302 (Defeasance and Discharge) or Section 1303 (Covenant Defeasance) under the Original Indenture applied to any of its Securities or any series of its Securities or (e) if the Company exercises the Optional Redemption (a...
Termination of Call Option. The provisions of this Article III shall expire upon the occurrence of a Public Offering Event. ARTICLE IV.
Termination of Call Option. If, at any time on or prior to the exercise of the Call Option, (i) an Event of Default with respect to the Notes shall have occurred or (ii) an "Event of Default" with respect to any senior indebtedness of the Company shall have occurred as such Event of Default is defined in any note, indenture, credit agreement or other similar document relating to such senior indebtedness and as a result of such Event of Default the Company is required to repay with respect to such indebtedness more than $25,000,000, then (A) the Call Option shall terminate and (B) no amount shall be payable as a result of such termination.
Termination of Call Option. If the Calculation Agent determines, following the exercise of the Call Option, that (i) since the delivery of the Call Notice, an Event of Default with respect to the Notes, or an event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default with respect to the Notes, shall have occurred and be continuing, (ii) since the delivery of the Call Notice, a Market Disruption Event (as defined below) has occurred or (iii) fewer than two Dealers have provided Bids in a timely manner substantially as provided above, the Call Option will automatically terminate, and the Trustee will exercise the Put Option on behalf of the holders. "Market Disruption Event" shall mean any of the following, as determined by both the Calculation Agent and the Company: (i) a suspension or material limitation in trading in securities generally on the New York Stock Exchange or the establishment of minimum prices on such exchange; (ii) a general moratorium on commercial banking activities declared by either federal or New York State authorities; (iii) any material adverse change in the existing financial, political or economic conditions in the Unites States of America; (iv) an outbreak or escalation of major hostilities involving the United States of America or the declaration of a national emergency or war by the United States of America; or (v) any material disruption of the U.S. government securities market, U.S. corporate bond market, or U.S. federal wire system.
Termination of Call Option. The Call Option shall terminate at 12:00 a.m., Pacific Time, on the day immediately following expiration of the Call Exercise Period as to any Common Shares for which an Option Exercise Notice has not been delivered prior to the expiration of the Call Exercise Period.
