Redemption of Common Stock. As consideration for the agreements reflected in this Amendment, each Noteholder hereby sells effective as of the date of this Amendment, and the Parent hereby purchases, effective as of the date of this Amendment, the number of shares of common stock of the Parent indicated in the table below (the “Purchased Shares”) for the per share purchase price indicated below, such aggregate purchase price to be paid to each of the Noteholders by the Parent with the proceeds of the Tenth Amendment Advance on the date of this Amendment (the “Redemption Transaction”) as indicated in the table below. Within five business days following the date of this Agreement, each Noteholder shall deliver to the Parent the original stock certificates evidencing such Noteholder’s Purchased Shares, together with such other documentation reasonably requested by the Parent’s transfer agent and acceptable to the Noteholders. The Parent shall instruct its transfer agent to issue new certificates evidencing its shares of common stock if the original stock certificates evidence more shares than a respective Noteholder’s Purchased Shares. The Parent acknowledges and agrees that the Noteholders may be in possession of material nonpublic information regarding the Parent and its Subsidiaries and the Parent hereby waives compliance with the Parent’s xxxxxxx xxxxxxx policy and any other policy of the Parent to the extent that such policies apply to the Redemption Transaction.
Redemption of Common Stock. Enter into any agreement to, or purchase or retire shares of the Borrower's common stock or pay or make other similar payments in respect thereof.
Redemption of Common Stock. Should any or all of the Company's -------------------------- Common Stock be redeemed at any time prior to full payment of all amounts due under this Note then this Note shall immediately become convertible into that number of shares of the Company's Common Stock equal to the number of shares of the Common Stock that would have been received if this Note had been converted in full and the Conversion Price shall be immediately adjusted to equal the quotient obtained by dividing (x) the aggregate Conversion Price of the maximum number of shares of Common Stock into which this Note was convertible immediately prior to such redemption, by (y) the number of shares of Common Stock for which this Note is convertible immediately after such redemption.
Redemption of Common Stock. Immediately prior to the Effective Time of the Merger upon the effectiveness of this Amendment (as defined below) (the "Redemption Date"), each share of Common Stock of the Corporation that would not be converted into the Per Share Unit Consideration at the Effective Time of the Merger (the "Redemption Shares"), pursuant to Section 3.1 of the Agreement and Plan of Redemption and Merger, by and among the Corporation, MarkWest Energy Partners, L.P. and MWEP, L.L.C. dated as of September 5, 2007 (the "Redemption/Merger Agreement") shall be redeemed at a redemption price per share equal to the Per Share Cash Consideration (the "Redemption Price"). All capitalized terms used in Sections 1(d) and (e) (the "Amendment") that are not defined herein shall have the meanings ascribed to such terms in the Redemption/Merger Agreement. The Redemption Price shall be paid in accordance with the procedures for payment of the Redemption Consideration to holders of Certificates set forth in Section 3.5 of the Redemption/Merger Agreement. As of the Redemption Date, all Redemption Shares shall no longer be deemed outstanding and all rights with respect to such Redemption Shares shall cease and terminate, except only the right of the holders thereof to receive the Per Share Cash Consideration for each Redemption Share pursuant to and in accordance with the terms of the Redemption/Merger Agreement.
Redemption of Common Stock. The Company shall not redeem any shares of Common Stock, except (i) as required by the Employment Agreement, (ii) for Unvested Management Shares upon the failure of one or more Vesting Events to occur, and (iii) repurchases, upon the termination of employment, of options or shares of restricted stock issued pursuant to any stock option plan, employee stock purchase plans or employment agreements with employees of the Company or its subsidiaries. The obligations imposed by this Section XII shall terminate automatically on the Post-Exercise Meeting Date.
Redemption of Common Stock. On the terms and subject to the conditions set forth in this Agreement, on the Closing Date (as hereinafter defined), the Company agrees to redeem from SIH and SIH agrees to sell to the Company the Shares. In consideration for the sale by SIH of the Shares, SIH will be paid $44,000,000 (the "Redemption Price"), a Redemption Price of $11.00 per Share.
Redemption of Common Stock. Xxxxxxx Xxxxxx shall have redeemed the 199,999,950 shares of common stock held by her to the Company, with the effect that the Company shall incur not more than $10.00 of liability for such redemption.
Redemption of Common Stock. Bouwe Bekking shall have tendered for redemption 40,080,000 shares of the 42,180,000 common stock in Parent held by him, with the effect that Mr. Bekking shall hold not more that 100,000 share of common stock in Parent of and the Company shall incur not more than $25.00 of liability for such redemption.
Redemption of Common Stock. Effective as of the Second Closing, the Company shall have redeemed from its shareholders at a price of $3.00 per share a total of 2,000,000 shares of its Common Stock (which the Company currently contemplates will include approximately 163,126 vested shares issuable upon exercise of outstanding options) in compliance with the requirements of the California Corporations Code and other applicable laws and regulations.
Redemption of Common Stock. In the event that an event described in clause (iv) or clause (v) of the definition of Relief Period occurs, the Company shall redeem or cause to be redeemed any shares of Common Stock issued by the Company to the Advisor pursuant to Section 10(i) for cash in an amount equal to the original issuance price thereof not later than five (5) business days after such event occurs.”
