Common use of Optional Redemption upon Equity Offerings Clause in Contracts

Optional Redemption upon Equity Offerings. At any time, or from ----------------------------------------- time to time, on or prior to May 15, 2000, the Company may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem up to 40% (provided that such percentage shall decrease to 35% if an Initial Public -------- Offering has not been consummated on or prior to November 15, 1998 and any other Notes previously redeemed pursuant to this provision shall be included in determining such percentage) of the aggregate principal amount of Notes originally issued at a redemption price equal to 110.625% of the principal amount thereof plus accrued interest to the date of redemption; provided that at least $69.0 million aggregate principal amount of Notes remains outstanding immediately after any such redemption. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 120 days after the consummation of any such Equity Offering; provided that in the case of an -------- Initial Public Offering, the Company shall first comply with the provisions set forth below in paragraph (c).

Appears in 2 contracts

Samples: Registration Rights Agreement (Therma Wave Inc), Registration Rights Agreement (Therma Wave Inc)

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Optional Redemption upon Equity Offerings. At any time, or from ----------------------------------------- time to time, on or prior to May may 15, 2000, the Company may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem up to 40% (provided that such percentage shall decrease to 35% if an Initial Public -------- Offering has not been consummated on or prior to November 15, 1998 and any other Notes previously redeemed pursuant to this provision shall be included in determining such percentage) of the aggregate principal amount of Notes originally issued at a redemption price equal to 110.625% of the principal amount thereof plus accrued interest to the date of redemption; provided that at least $69.0 million aggregate principal amount of Notes remains outstanding immediately after any such redemption. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 120 days after the consummation of any such Equity Offering; provided that in the case of an -------- Initial Public Offering, the Company -------- shall first comply with the provisions set forth below in paragraph (c).

Appears in 2 contracts

Samples: Registration Rights Agreement (Therma Wave Inc), Registration Rights Agreement (Therma Wave Inc)

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Optional Redemption upon Equity Offerings. At ----------------------------------------- any time, or from ----------------------------------------- time to time, on or prior to May 151, 20001999, the Company may, at its option, use the net cash proceeds of one or more Equity Offerings (as defined in the Indenture) to redeem up to 40% (provided that such percentage shall decrease to 35% if an Initial Public -------- Offering (as defined in the Indenture) has not been consummated on or prior to November 15March 31, 1998 1997 and any other Notes previously redeemed pursuant to this provision shall be included in determining such percentage) of the aggregate principal amount of Notes originally issued at a redemption price equal to 110.625110% (111.125% in the case of any Equity Offering after March 31, 1997) of the principal amount thereof plus plus, in each case, accrued interest to the date of redemption; provided that at least $69.0 175.0 million aggregate -------- principal amount of Notes remains outstanding immediately after any such redemption. In order to effect the foregoing redemption with the proceeds of any Equity Offering, the Company shall make such redemption not more than 120 days after the consummation of any such Equity Offering; provided that in the case of an -------- Initial Public Offering, the Company shall first comply with the provisions set forth below in paragraph (c).

Appears in 1 contract

Samples: Dade International Inc

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