Company Redemption. Prior to the Maturity Date, this Note may be redeemed by the Company, in whole or in part, at any time after sixty (60) days written notice ("Redemption Notice") to Holder. During such sixty (60) day period, Holder shall have the right to convert all or any part of the outstanding principal amount of the Note plus accrued and unpaid interest into Common Stock, as set forth in Section 3. If Holder does not convert all outstanding amounts into Common Stock, the Company may redeem any remaining amounts at any time during a thirty (30) day period commencing with the date of expiration of the sixty (60) day period provided for in the Redemption Notice. Thereafter, Company shall be required to provide Holder with a new Redemption Notice, and Holder shall have a new sixty (60) day period within which to convert all or any part of the outstanding principal amounts plus accrued and unpaid interest into Common Stock, as set forth in Section 3.
Company Redemption. Any time following the third (3rd) anniversary of the Effective Date, the Company may pay to Investor (a “Company Redemption”) an amount equal to the Investment Balance, plus an amount equal to any accrued but unpaid Investment Return from the start of the then current calendar month through the day prior to the closing of the Company Redemption. Notice of the Company Redemption shall be provided by the Company to Investor at least sixty (60) days prior to the closing of the Company Redemption and may be provided any time only after the thirty-four (34) month anniversary of the Effective Date. Subject to Section 5(d), following the closing of the Company Redemption, Investor shall have no further rights, title or interest in the Company and/or its subsidiaries or affiliates arising out of or as a result of this Agreement.
Company Redemption. Subject to the provisions of this Section 7, at any time following the seventy-two (72) month anniversary of the Original Issuance Date, the Company shall have the right, but not the obligation, to redeem, from time to time, out of funds legally available therefor, all or any portion of the then-outstanding Shares of Series A Preferred Stock (a “Series A Company Redemption”) for a price per Share equal to: (i) the Liquidation Value for such Share, plus (ii) any unpaid accrued and accumulated dividends on such Share (whether or not declared) to, but excluding, the Series A Company Redemption Date, plus (iii) the Make Whole Amount (such sum, in aggregate the “Series A Company Redemption Price”). Any such Series A Company Redemption shall occur not less than thirty (30) days and not more than sixty (60) days following receipt by the applicable holder(s) of Series A Preferred Stock of a written election notice (the “Series A Company Redemption Notice”) from the Company. Following the notice period required by the Series A Company Redemption Notice, the Company shall redeem all, or in the case of an election to redeem less than all of the Shares of Series A Preferred Stock, the same pro rata portion of each such holder’s Shares redeemed pursuant to this Section 7. In exchange for the surrender to the Company by the respective holders of Shares of Series A Preferred Stock of their certificate or certificates, if any, or an affidavit of loss, representing such Shares on or after the applicable Series A Company Redemption Date in accordance with Section 7.8 below, the Series A Company Redemption Price for the Shares being redeemed shall be payable in cash by the Company in immediately available funds to the respective holders of the Series A Preferred Stock, except to the extent prohibited by applicable Delaware law. Notwithstanding anything to the contrary contained herein, each holder of Shares of Series A Preferred Stock shall have the right to elect, prior to the Series A Company Redemption Date, to exercise the conversion rights, if any, in accordance with Section 8.
Company Redemption. If the Company elects a Company Redemption in cash in accordance with Section (3)(a), then the Redemption Amount which is to be paid to the Holder on the applicable Redemption Date shall be paid by the Company on or before such Redemption Date, by wire transfer of immediately available funds, in an amount in cash equal to the Redemption Amount. If the Company fails to redeem the full Redemption Amount on the applicable Redemption Date, then the Company shall be deemed to have delivered a Company Redemption Notice confirming that the unpaid portion of the applicable Redemption Amount may be converted by the Holder.
Company Redemption. The Company at its option shall have the right to redeem (“Optional Redemption”) a portion or all amounts outstanding under this Debenture, in multiples of $1,000.00 prior to the Maturity Date. In order to make an Optional Redemption pursuant to this Section, the Company shall provide written notice to the Holder of its intention to make a redemption, which notice shall (a) set forth the amount of Principal it desires to redeem; (b) set forth the effective date of such Optional Redemption (the “Redemption Date”); and (c) be given at least seven (7) days prior to the Redemption Date (the “Redemption Notice”). On the Redemption Date, the Company shall pay to Holder an amount equal to the amount of Principal being redeemed, plus all accrued and unpaid Interest through and including the Redemption Date (collectively referred to as the “Redemption Amount”).
Company Redemption. (a) On and after the thirty-month (30) anniversary of the Original Issuance Date, the Company, at its option, may redeem (out of funds legally available therefor) all outstanding shares of Series A Preferred Stock at a purchase price per share in cash equal to the Accrued Amount (the “Company Redemption Price”); provided, however, that prior to any such redemption by the Company becoming effective, the holders of Series A Preferred Stock may, at their election, make a Pre-Redemption Conversion Election; provided, further, that, with respect to any redemption date occurring prior to the receipt of Stockholder Approval, any Pre-Redemption Conversion Election pursuant to this Section 5(d) by a Capped Holder shall be subject to the Conversion Cutback. Each share of Series A Preferred Stock which by reason of the foregoing proviso is not converted shall be redeemed for cash in an amount equal to the dollar value of the Common Stock that its holder would be entitled to receive if such holder had converted such share of Series A Preferred Stock pursuant to 23.1 immediately prior to the Company Redemption Date (as defined below), based on the Closing Price on the Company Redemption Date (without regard to any reduction pursuant to 23.4).
Company Redemption. The Company may prepay (a "COMPANY ------------------- REDEMPTION") all or any portion of this Note (the "COMPANY REDEMPTION AMOUNT"), subject, however to the payment of a prepayment penalty which shall be equal to 110% of the outstanding Principal, together with accrued and unpaid Interest with respect to such Company Redemption Amount and accrued and unpaid Late Charges with respect to such Company Redemption Amount and Interest. If the Company elects a Company Redemption, then the Company Redemption Amount which is to be paid to the Holder on the applicable Company Redemption Date shall be redeemed by the Company on such Company Redemption Date, and the Company shall pay to the Holder on such Company Redemption Date, by wire transfer of immediately available funds, an amount in cash equal to the Company Redemption Amount.
Company Redemption. Intentionally left blank.
Company Redemption. If the Quoted Price for the Common Stock is greater than 200% of the Exercise Price for 20 consecutive trading days and the Registration Statement (as defined in the Registration Rights Agreement, dated as of February 22, 2001, among the Company and the Purchasers named therein) is effective, the Company may redeem the Warrants for $.10 per Warrant upon ten trading days notice.
Company Redemption. If the Quoted Price for the Common Stock is greater than 175% of the Exercise Price for 20 consecutive trading days and the Company's Registration Statement on Form S-3, initially filed on August 15, 2000, as amended on September 8, 2000, November 9, 2000, January 10, 2001 and January 18, 2001 (Registration No. 333-43788), is in effect, the Company may redeem the Warrants for $.10 per Warrant upon ten trading days notice.
