Deferral Right. So long as no Event of Default has occurred and is continuing, the Issuer may elect, at its sole option, at any date other than an Interest Payment Date, to defer the interest payable on the Notes on one or more occasions for up to five consecutive years (a “Deferral Period”). Such deferral will not constitute an Event of Default or any other breach under the Indenture and the Notes. Deferred interest will accrue, compounding on each subsequent Interest Payment Date, until paid. A Deferral Period terminates on any Interest Payment Date on which the Issuer pays all accrued and unpaid interest on such date. No Deferral Period may extend beyond the Maturity Date. The Issuer will give the Holders of the Notes written notice of its election to commence a Deferral Period at least 10 and not more than 60 days before the first applicable Interest Payment Date. After the commencement of a Deferral Period, the Issuer will give the Holders of the Notes written notice of its election to continue or terminate, as applicable, such Deferral Period, at least 10 and not more than 60 days before each subsequent Interest Payment Date until the termination of such Deferral Period.
Deferral Right. From and after January 2, 2012, the Holder may defer or waive all or any portion of any Installment Amount under this Article 2 by giving written notice to the Company no later than two (2) Business Days after the applicable Installment Notice Date, such notice to indicate the Installment Date(s) and/or Maturity Date to which all or a portion of a deferred Installment Amount is to be deferred.
Deferral Right. At any time up until the System Integration Date, Company may choose once to defer the System Integration Date by up to six (6) months beyond the then-current System Integration Date Deadline by giving Supplier written notice of its decision to defer and the extent of the deferral period.
Deferral Right. Notwithstanding the provisions of this ARTICLE VIII to the contrary, if Liberty delivers to Comcast a Put Notice, or if Comcast delivers to Liberty a Call Notice, then the party receiving such notice (the “Receiving Party”) shall have the right (the “Deferral Right”), exercisable by written notice to the other party within thirty (30) days after receipt of the Put Notice or Call Notice, as applicable, [***] of the date on which the Appraisal Initiation Date would have fallen if the deferral under this subsection (c) had not occurred. If a party timely exercises its Deferral Right, the Appraisal Initiation Date shall be the date which is [***] after the Put Notice, with respect to the Put Right, or [***] after the Call Notice, with respect to the Call Right.
Deferral Right. Notwithstanding anything to the contrary in Section 3.5(a), (i) if the Company has elected to cause the redemption of a Class A Unitholder’s Class A Units following the First Redemption Year, such Class A Unitholder may elect to defer the redemption of up to 35% of the Class A Units initially held by such Class A Unitholder (or, if lower, the percentage of Class A Units elected by the Company to be redeemed) by giving written notice to the Company within 30 days of receipt of the relevant Redemption Election Notice from the Company, in which case such Class A Units shall be redeemed following the Second Redemption Year as if such Class A Unitholder had elected to cause the redemption of such Class A Units in the Exercise Period following the end of the Second Redemption Year, including, for the avoidance of doubt, with respect to the calculation of Redemption Per Unit Value using the Redemption Exercise Enterprise Value for such Second Redemption Year (it being understood that, within the Exercise Period following the end of the Second Redemption Year, the Company or such Class A Unitholder can still submit a Redemption Election Notice for all Class A Units that can otherwise be redeemed pursuant to Section 3.5(a)(ii)) or (ii) if a Class A Unitholder has elected to cause the redemption of a percentage of such Class A Unitholder’s Class A Units following the First Redemption Year, the Company may elect to defer the redemption of up to 35% of the Class A Units initially held by such Class A Unitholder (or, if lower, the percentage of Class A Units elected by such Class A Unitholder to be redeemed) by giving written notice to such Class A Unitholder within 30 days of receipt of the Redemption Election Notice from such Class A Unitholder, in which case such Class A Units shall be redeemed following the Second Redemption Year as if the Company had elected to redeem such Class A Units in the Exercise Period following the end of the Second Redemption Year, including, for the avoidance of doubt, with respect to the calculation of Redemption Per Unit Value using the Redemption Exercise Enterprise Value for such Second Redemption Year (it being understood that, within the Exercise Period following the end of the Second Redemption Year, the Company or such Class A Unitholder can still submit a Redemption Election Notice for all Class A Units that can otherwise be redeemed pursuant to Section 3.5(a)(ii)). In the event the Company delivers any notice(s) to the Class A ...
Deferral Right. So long as no Event of Default has occurred and is continuing, the Company may elect, at its sole option, at any date other than an Interest Payment Date, to defer the interest payable on the Notes (the “Deferral Right”) on one or more occasions for up to five consecutive years (a “Deferral Period”). Any such election by the Company to defer the payment of interest will not constitute an Event of Default, a Default or any other breach under the Indenture and the Notes. Any installment of interest whose payment is deferred pursuant to the Deferral Right provided for in this Section 303 (“Deferred Interest”) will accrue, compounding on each subsequent Interest Payment Date, until paid. A Deferral Period terminates on any Interest Payment Date where the Company pays all accrued and unpaid interest subject to such Deferral Period on the Notes on such date. No Deferral Period may extend beyond the Maturity Date and all accrued and unpaid interest on the Notes as of the Maturity Date, if any, will be due and payable on the Maturity Date. There shall be no limit on the number of Deferral Periods that may occur. The Company will give the Trustee and the Holders of the Notes notice of its election to commence or continue a Deferral Period at least 10 but not more than 60 days prior to the next Interest Payment Date. The Trustee shall not be responsible for calculating the amount of any Deferred Interest.
Deferral Right. Subject to the foregoing clauses (i) through (vi) of Section l(b) above, the Company shall file a registration statement covering the Registrable Securities so requested to be registered as soon as practicable after receipt of the request or requests of the Initiating Holders; provided, however, that if (i) in the good faith judgment of the Board of Directors of the Company, such registration would be seriously detrimental to the Company and the Board of Directors of the Company concludes, as a result, that it is essential to defer the filing of such registration statement at such time, and (ii) the Company shall furnish to such Holders a certificate signed by the President of the Company stating that in the good faith judgment of the Board of Directors of the Company, it would be seriously detrimental to the Company for such registration statement to be filed in the near future and that it is, therefore, essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for the period during which such disclosure would be seriously detrimental, provided that (except as provided in Section l(b)(iii) above) the Company may not defer the filing for a period of more than one hundred eighty (180) days after receipt of the request of the Initiating Holders and, provided further, that the Company shall not defer its obligation in this manner more than once in any twelve (12) month period.
Deferral Right. Notwithstanding the foregoing, (i) the Company -------------- shall not, except in accordance with Section 1.2(b), be obligated to effect the filing of a registration statement pursuant to this Section 1.2 during the 180 days following the effective date of a registration statement pertaining to the underwritten public offering of equity securities for the account of the Company, or (ii) if the Company shall furnish to Holders requesting a registration statement pursuant to this Section 1.2 a certificate signed by the Chairman of the Board or Chief Executive Officer of the Company stating that in the good faith judgment of the Board of Directors of the Company, it would not be in the best interests of the Company and its stockholders generally for such registration statement to be filed, the Company shall have the right to defer such filing for a period of not more than 180 days after receipt of the request of the Initiating Holders; provided, however, that the Company may not utilize the -------- ------- right set forth in this subsection (e)(ii) more than once in any twelve- month period; nor, to the extent a registration request is received by the Company within the 180-day period set forth in this subsection (e)(i), shall the Company utilize the right set forth in this subsection (e)(ii) in combination with the delay right set forth in such subsection (e)(i) to cause a delay of more than 180 days from the date of such request until the filing of such registration statement.
Deferral Right. Notwithstanding anything to the contrary in this Agreement, by March 15, 2018, if either (i) the DOE has issued a Pre-Acquisition Review Letter (or other communication related to Buyer’s participation in the Title IV Programs with respect to the Post-Closing Business) that contains any of the DOE Restrictions, regardless, for the avoidance of doubt, of when such matters might arise or (ii) the DOE has not issued a DOE Pre-Acquisition Review Letter (or other communication related to Buyer’s participation in the Title IV Programs with respect to the Post-Closing Business), then Seller shall have the right in its sole discretion to defer the admission of students starting in the School’s April 2018 class by one academic quarter to July 2018. Even if the Seller has exercised its right of deferral of admission of students to July 2018 as set forth herein, the obligations of the parties set forth in Section 6.9(b) shall continue. By way of example, if a Pre-Acquisition Review letter that contains any DOE Restrictions is received on March 14, 2018, Seller shall have the right to defer students pursuant to this Section 6.20 if the matter has not been finally resolved to the satisfaction of both parties by March 15, 2018, but the parties shall remain obligated to engage in DOE Resolution Efforts with respect to such matters in accordance with Section 6.9(b).
Deferral Right. Notwithstanding any payment term to the contrary contained herein or any of the New Transaction Documents, WON shall have the right, exercisable as described in this Section until 24 months after the Effective Date (the “Deferral Period”), to defer inventory compensation payments (but not any Clearance Bonus payments) then owed to CBS (a “Payment Deferral”) under the terms of the Station Agreements; provided that WON has not breached any material provision of the Station Agreements (subject to any cure period described therein, it being understood that a failure to pay is a material provision). WON may exercise one Payment Deferral once per 12-month period within such 24-month period (i.e., once in each of the first and second years after the Effective Date); provided, that WON may not exercise the Payment Deferrals (i) in successive calendar quarters or (ii) if WON, at the time it wishes to exercise its Payment Deferral, owes CBS or would owe CBS after giving effect to any such Payment Deferral, in the aggregate, more than four million dollars ($4,000,000) in deferred compensation payments payable under the terms of the Station Agreements; and, provided, further, that each Payment Deferral shall be for a period of no more than 12 months from the original due date applicable to such payment. Any amounts deferred by WON under this Section 21 (the “Deferred Amounts”) shall bear interest at an annual interest rate of six percent (6%), which amount shall be due and payable with all Deferred Amounts.
