2022 Notes. (i) There shall be no Default (as defined in the 2022 Indenture) in respect of the 2022 Indenture or the 2022 Notes, and (ii) the consummation of the Transactions, including the Merger, alone without any other event, shall not constitute a Default or a Change of Control (or an event which, with notice or lapse of time, or both, would constitute a Default or a Change of Control) (in each case, as defined in the 2022 Indenture) in respect of the 2022 Indenture or the 2022 Notes.
2022 Notes. To the extent that Holder is a holder of a convertible promissory note issued by the Company in 2022, as such agreements may be amended, modified, restated from time to time (the “2022 Notes” and, together with the 2021 Notes, the “Existing Notes”), the Holder (A) acknowledges and agrees that the Recapitalization, the issuance of the Notes and the transactions contemplated thereby do not constitute an Equity Financing or other transaction that would trigger conversion of the 2022 Notes, (B) hereby approves the Note Financing, and (C) hereby waives, and elects not to exercise, any rights Holder may otherwise have under the provisions of Section 1(d) (Most Favored Nations) of the 2022 Note with respect to the Note Financing.
2022 Notes. At any time and from time to time before September 15, 2022 (the "2022 Notes Par Call Date"), the 2022 Notes will be redeemable, in the Company's sole discretion, in whole or in part, in principal amounts of $2,000 or any integral multiple of $1,000 in excess thereof for an amount equal to the greater of:
2022 Notes. Unless an earlier redemption has occurred, the principal amount of the 2022 Notes shall mature and be due and payable, together with any accrued interest thereon, on September 19, 2022.
2022 Notes. Interest on the 2022 Notes shall accrue at the rate of 2.125% per annum, from September 19, 2019 or the most recent interest payment date on which interest was paid. Interest on the 2022 Notes shall be payable semi-annually in arrears on March 19 and September 19 of each year, beginning on March 19, 2020, to Holders in whose names the 2022 Notes are registered at the close of business on the preceding March 4 and September 4 before the applicable interest payment date; provided that if any such interest payment date (other than September 19, 2022 or any earlier repayment date) is not a Business Day, the interest payment date will be postponed to the next succeeding Business Day, and no interest will accrue as a result of such delayed payment on amounts payable from and after such interest payment date to the next succeeding Business Day. If September 19, 2022 or any earlier repayment date of the 2022 Notes falls on a day that is not a Business Day, the payment of principal or interest otherwise payable on such date shall be postponed to the next succeeding Business Day, and no interest on such payment shall accrue from and after September 19, 2022 or any earlier repayment date, as applicable.
2022 Notes. The purchase price of the 2022 Notes is equal to 99.774% of the principal amount of the 2022 Notes, plus accrued interest, if any, from September 19, 2019.
2022 Notes. The price to public of the 2022 Notes is equal to 99.974% of the principal amount of the 2022 Notes, plus accrued interest, if any, from September 19, 2019.
2022 Notes. The Company may redeem the 2022 Notes in whole or in part, at its option, at a redemption price equal to 100% of their principal amount plus a “make-whole” premium, as well as accrued and unpaid interest to, but not including, the date of redemption, as set forth in the Global Securities representing the 2022 Notes attached hereto as Exhibit A. The Trustee shall not be responsible for calculating any “make-whole” premium.
2022 Notes. (i) Except as set forth in Sections 3.07(a)(ii), (a)(iii), (a)(iv) and (a)(v), the 2022 Notes may not be redeemed at the option of the Company.
(ii) At any time and from time to time prior to October 15, 2017, the Company may redeem, on one or more occasions, up to a maximum of 35% of the original aggregate principal amount of the 2022 Notes, calculated after giving effect to any issuance of Additional Notes, with the Net Cash Proceeds of one or more Qualified Equity Offerings at a redemption price equal to 105.750% of the principal amount thereof, plus accrued and unpaid interest thereon to the redemption date, subject to the right of Holders of record on the relevant record date to receive interest due on the relevant Interest Payment Date; provided, however, that after giving effect to any such redemption:
(A) at least 65% of the original aggregate principal amount of the 2022 Notes, calculated after giving effect to any issuance of Additional Notes that are 2022 Notes, remains outstanding immediately after such redemption; and
(B) any such redemption by the Company must be made within 90 days of such Qualified Equity Offering and must be made in accordance with the procedures set forth in this Indenture.
(iii) At any time and from time to time prior to October 15, 2017, the Company may redeem on all or part of the 2022 Notes at a redemption price equal to the sum of (i) 100% of the principal amount thereof, plus (ii) the Applicable Premium as of the date of redemption, plus (iii) accrued and unpaid interest to the date of redemption, subject to the right of Holders of record on the relevant record date to receive interest due on the relevant Interest Payment Date.
(iv) At any time and from time to time on or after October 15, 2017, the Company may redeem the 2022 Notes, in whole or in part, at once or over time, at the following redemption prices, expressed as percentages of principal amount, plus accrued and unpaid interest thereon to the redemption date, subject to the right of Holders of record on the relevant record date to receive interest due on the relevant Interest Payment Date, if redeemed during the twelve-month period commencing on October 15 of the years set forth below: 2017 104.313 % 2018 102.875 % 2019 101.438 % 2020 and thereafter 100.000 %
(v) The Company will have the right to redeem the 2022 Notes at 101% of the principal amount thereof, plus accrued and unpaid interest to the date of redemption, following the consummation of a Chang...
2022 Notes. The 2022 Senior Notes shall not be redeemable by the Company in whole or in part at any time, except as contemplated herein at the option of the applicable Holders, including in connection with a Change of Control.
