Prepayment of Notes. 3 Section 2.1.
Prepayment of Notes. No prepayment of the Notes may be made except to the extent and in the manner expressly provided in this Agreement.
Prepayment of Notes. No prepayment of the Notes may be made except to the extent and in the manner expressly provided in this Agreement and the Notes.
Prepayment of Notes. (a) The Company shall prepay the Notes (or the relevant Notes only) in accordance with Part 1 of Schedule 2 if it is or becomes unlawful for the Notes (or the relevant Notes only) to remain outstanding, as confirmed by a written legal opinion (addressed to the Company and furnished by the Company to the Noteholders upon request) from reputable outside legal counsel to the Company.
Prepayment of Notes. Upon the prepayment in full of the principal of the Notes prior to the earlier to occur of a successful remarketing of the Notes pursuant to the provisions of Section 5.4 and a Termination Event (a "Prepayment Event"), the Company shall instruct the Collateral Agent in writing to purchase, and upon such written instruction, the Collateral Agent shall purchase the Prepayment Treasury Consideration on behalf of the Holders of Normal Units and promptly remit the remaining portion of any payments received with respect to such Notes to the Agent for payment to the Holders of such Normal Units. Any distribution to Holders of excess funds shall be payable at the Corporate Trust Office or, at the option of the Holder, by check mailed to the address of the Person entitled thereto at such address as it appears on the Register or by wire transfer to an account maintained in the United States specified by the Holder. The Prepayment Treasury Consideration will be substituted for the Pledged Notes, and will be pledged to the Collateral Agent in accordance with the terms of the Pledge Agreement to secure the obligation of each Holder of a Normal Unit to purchase the Common Shares under the Purchase Contract constituting a part of such Normal Unit. Following the occurrence of a Prepayment Event, the Holders of Normal Units and the Collateral Agent shall have such security interests, rights and obligations with respect to the Prepayment Treasury Consideration as the Holder of Normal Units and the Collateral Agent had in respect of the Notes, as the case may be, subject to the Pledge thereof as provided in Articles II, III, IV, V and VI of the Pledge Agreement, and any reference herein or in the Certificates to the Note shall be deemed to be a reference to such Prepayment Treasury Consideration. The Company may cause to be made in any Normal Unit Certificates thereafter to be issued such change in phraseology and form (but not in substance) as may be appropriate to reflect the substitution of the Prepayment Treasury Consideration for Notes as collateral. 39
Prepayment of Notes. 30 Section 5.1
Prepayment of Notes. (a) Subject to the provisions of this Section 3.1(a), the Company at its option may, after giving not less than 30 days' prior written notice (the "Company Conversion Notice") to the Purchaser and each Additional Note Purchaser, prepay the unpaid principal balance of the Notes, together with all accrued but unpaid interest on the principal amount being prepaid to the date of such prepayment, in whole or in part (in an aggregate amount of not less than $1,000,000 or any greater amount which is an even multiple of $100,000, or in an amount equal to the aggregate principal balance of all of the Notes) as set forth below; provided, however, that no prepayment shall be permitted under this Section 3.1(a) until such time as the Company shall have obtained the Stockholder/AMEX Conversion Approval. It is also expressly understood and agreed by the Company that, notwithstanding anything to the contrary contained herein or in any other Note Document, each holder of a Note shall have the right to convert such Note as provided in this Agreement notwithstanding the giving by the Company of any 30-day notice of prepayment under Section 3.1(a) hereof if such holder of a Note shall give to the Company the Company Conversion Notice or the Default Conversion Notice, as the case may be.
Prepayment of Notes. The Buyer shall have the right to require the Company to prepay all or any portion of the outstanding Principal, accrued and unpaid Interest and accrued and unpaid Late Charges in accordance with Section 1(b) of the Note; provided, however, that the Buyer may not require the Company to prepay such amount of Notes that exceeds the full amount of proceeds the Company has received pursuant to the sale of any securities issued and sold by the Company under the Common Stock Purchase Agreement, dated as of the Effective Date, by and between the Company and the Buyer.
Prepayment of Notes. . . 2 Section 2.1.
Prepayment of Notes. Voluntarily prepay, redeem, purchase, defease or otherwise satisfy in any manner (including by the exercise of any right of setoff) the obligations owed under the Notes.
