Call Provisions. Subject to the provisions of this subsection (d), from time to time and at any time that the closing bid of a share of Common Stock is traded on the Over-the-Counter Bulletin Board (or such other of exchange or stock market on which the Common Stock may then be listed or quoted) equal or exceeds $0.90 (adjusted for any stock split, or reverse stock split, stock dividend or under a classification or combination of the Common Stock for at least thirty (30) consecutive trading days, the Company, upon twenty (20) days prior written notice (the “Notice Period”) given to the Holder, may require the Holder to exercise the Warrant in whole or in part at the Exercise Price. In the event the Holder shall fail to exercise the Warrant at the Exercise Price within the Notice Period, the Company shall have the right, without further notice to call this Warrant at a redemption price equal to $0.01 per share of Common Stock then purchasable pursuant to the Warrant. Notwithstanding any such notice by the Company, the Holder shall have the right to exercise this Warrant in whole or in part prior to the end of the Notice Period. The provisions of this subsection (d) shall be binding upon any transferee of the Warrant.
Call Provisions. (1) Prior to the Partnership Interest Maturity Date and except during a Shift Period the Partnership Interests may be called for early redemption, in part or in full, by the LLC on March 31, 2031 (the "First Call Date"), and thereafter on any Distribution Payment Date (such date, together with the First Call Date, the "Call Date") for an amount per Partnership Interest equal to the Current Nominal Value plus any unpaid Distributions for the then current Distribution Period (i) with the prior consent of the German Federal Financial Markets Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – "BaFin") and (ii) upon no less than 30 and no more than 60 days' written notice to holders of Partnership Interests prior to the Call Date.
Call Provisions. Commencing at any time after the date of the issuance of this Warrant, if (i) the average closing sales price of the Common Stock on NYSE Amex Equities (or such other national securities exchange on which the Common Stock is then listed or quoted for trading) for any 30 consecutive trading days exceeds $_____ (a “Trigger Period”), and (ii) the Warrant Shares are either registered for resale pursuant to an effective registration statement naming the Holder as a selling stockholder thereunder or freely transferable without volume restrictions pursuant to Rule 144(k) promulgated under the Securities Act, as determined by counsel to the Company pursuant to a written opinion letter addressed and in form and substance acceptable to the Holder and the transfer agent for the Common Stock, then the Company shall have the right, upon 30 days’ prior written notice to the Holder given not later than five (5) Trading Days after the conclusion of any such Trigger Period (the “Redemption Notice”), to redeem this Warrant at a price of $.01 per Warrant Share subject to this Warrant (the “Redemption Price”), on the date set forth in the Redemption Notice, but in no event earlier than 30 days following the date of the receipt by the Holder of the Redemption Notice (the “Redemption Date”).
Call Provisions. The shares of Series A Convertible Preferred Stock shall, at the sole discretion of the Board of Directors of the Corporation, be callable, in whole or in part, from time to time or at any time, at a price of $0.80 per share. Notwithstanding the foregoing, however, the Corporation may not call the shares of Series A Convertible Preferred Stock unless all dividends have been paid in full to the holders of the Preferred Stock as of the time of call. 6.
Call Provisions. See Filed Final Pricing Supplement at “Summary—Call Provision”. SINKING FUND PROVISIONS: No sinking fund provisions DEFEASANCE PROVISIONS: None
Call Provisions. (a) Notwithstanding any other provision contained in this Warrant Indenture or the Warrant Certificate to the contrary:
Call Provisions. The Series A-1 Convertible Preferred Stock shall not be callable by the Corporation.
Call Provisions. 1.01 Xxxxxxx hereby gives and grants to NRGF, upon the terms and subject to the conditions hereinafter set out, the right to require Xxxxxxx to exchange the Holdco "A"
Call Provisions. (a) If an Event of Default has occurred and shall be continuing, the non-Defaulting Members who are Founding Members shall have the right, exercisable within the time periods specified in paragraph (b) below, to purchase all, but not less than all, of the Defaulting Member’s Interest at the Fair Market Value of such Interest in accordance with paragraph (c) of this Section 8.5.
Call Provisions. In the event that after the date that is six months and one Business Day from the date of issuance of the Warrants, (i) the Daily Market Price (as included in the definition of Current Market Price below) of the Company's Common Stock shall equal or exceed $45.00 per Share for twenty consecutive Business Days immediately prior to the commencement of the Notice Period (as defined below) and (ii) a currently effective Registration Statement is available (and no request for a reduction in the amount of shares able to be sold in an underwritten offering has limited the ability of the Holders to sell Warrant Shares pursuant to such Registration Statement) for all of the Warrant Shares during the entire Notice Period and the Company is not otherwise in default of its obligations hereunder or under the Registration Rights Agreement and (iii) all of the Warrant Shares may be transferred in a public sale pursuant to a currently effective registration statement filed under the Securities Act or in a transaction exempt from the registration and prospectus delivery requirements of the Securities Act under Section 4(1) and pursuant to Sections 1.2 and 1.3 hereof and (iv) there has been a bona fide offer by the Company to purchase all of the Notes at 100% or more of their face amount (plus accrued interest) and (v) the transfer books for the Warrant Shares or other class of stock purchasable upon the exercise of such Warrants are open on all Business Days, then the Company shall have the right, for a purchase price of $0.25 per Warrant, to call the Warrants at the completion of the Notice Period. The Warrants shall remain subject to prior exercise by the Holders during the Notice Period, but not thereafter. If a failure of the conditions contained in subsection (ii), (iii) or (v) shall occur at any time during the Notice Period, then the Notice Period during which such failure occured shall terminate immediately and the conditions contained in subsections (i) through (v) shall again be required to be satisfied and a new Notice Period shall be required to elapse before the Company shall have the right to call the Warrants at the completion of such new Notice Period.
