Common use of No Listing; Premium Price Redemption for Delisting of Class of Shares Clause in Contracts

No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the applicable Approved Markets and each other securities exchange and market on which the Common Stock is then traded at all times during the period ("Listing Period") commencing the earlier of the effective date of the Registration Statement or the 60th day following the Closing Date, and continuing thereafter for so long as the Debentures are outstanding, then the Company shall pay in cash or Common Stock, as provided in Section 2(b)(v), to each Holder a Delay Payment for each 30-day period (or portion thereof) during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed, which Delay Payments shall not in the aggregate exceed the maximum percentage permitted by law.

No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the applicable Approved Markets and each other securities exchange and market on which the Common Stock is then traded at all times during the period ("Listing Period") commencing the earlier of the effective date of the Registration Statement or the 60th 90th day following the Closing Date, and continuing thereafter for so long as the Debentures are outstanding, then the Company shall pay in cash or Common Stock, as provided in Section 2(b)(v), to each Holder a Delay Payment for each 30-day period (or portion thereof) during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed, which Delay Payments shall not in the aggregate exceed the maximum percentage permitted by law.

No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the applicable Approved Markets Market and each other securities exchange and market on which the Common Stock is then traded at all times during the period ("Listing PeriodLISTING PERIOD") commencing the earlier of the 7 8 effective date of the Registration Statement or the 60th 120th day following the Closing Date, and continuing thereafter for so long as the Debentures are outstanding, then the Company shall pay in cash or Common Stock, as provided in Section 2(b)(v5(b)(v), to each Holder a Delay Default Payment for each 30-day period (or portion thereof) during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed, which Delay Default Payments shall not in the aggregate exceed the maximum percentage permitted by law.

No Listing; Premium Price Redemption for Delisting of Class of Shares. (A) In the event that the Company fails, refuses or is unable to cause the Registrable Securities covered by the Registration Statement to be listed with the applicable Approved Markets Market and each other securities exchange and market on which the Common Stock is then traded at all times during the period ("Listing PeriodLISTING PERIOD") commencing the earlier of the effective date of the Registration Statement or the 60th day following the Closing DateApril 11, 2001, and continuing thereafter for so long as the Debentures are outstanding, then the Company shall pay in cash or Common Stock, as provided in Section 2(b)(v5(b)(v), to each Holder a Delay Default Payment for each 30-day period (or portion thereof) during the Listing Period from and after such failure, refusal or inability to so list the Registrable Securities until the Registrable Securities are so listed, which Delay Default Payments shall not in the aggregate exceed the maximum percentage permitted by law.