Tendered Debentures means the Company's Original Issue Discount Debentures set forth on the Purchaser's signature pages hereto which shall be tendered into Debentures with an aggregate Principal Amount set forth on the signature pages hereto.
Tendered Debentures will be deemed to have been accepted for payment if, as and when the Company gives oral notice (confirmed in writing) or written notice thereof to the Depositary on the Acceptance Date.
Each Acquirer shall deliver to the Company Tendered Debentures and the Company shall deliver to each Acquirer its respective shares of Preferred Stock and Warrants as determined pursuant to Section 2.2(a), and the Company and each Acquirer shall deliver the other items set forth in Section 2.2 deliverable at the Closing.
Tendered Debentures will be repurchased with cash on hand or cash generated by our operations between the date of this notice and February 15, 2012.
Tendered Debentures will be repurchased with cash on hand or cash generated by our operations between the date of this notice and June 15, 2012.
The Company hereby covenants to file a UCC-3 financing statement, in the form delivered pursuant to Section 2.3(b)(v) herein, with the Secretary of State of Delaware on the same day as the consummation of the exchange of the Tendered Debentures pursuant to the Exchange Agreement and to take any other reasonable action to release any lien on the Company's assets that was granted in connection with the Tendered Debentures.