Call Provisions Sample Clauses

Call Provisions. Subject to the provisions of this subsection (d), from time to time and at any time that the closing bid of a share of Common Stock is traded on the Over-the-Counter Bulletin Board (or such other of exchange or stock market on which the Common Stock may then be listed or quoted) equal or exceeds $0.90 (adjusted for any stock split, or reverse stock split, stock dividend or under a classification or combination of the Common Stock for at least thirty (30) consecutive trading days, the Company, upon twenty (20) days prior written notice (the “Notice Period”) given to the Holder, may require the Holder to exercise the Warrant in whole or in part at the Exercise Price. In the event the Holder shall fail to exercise the Warrant at the Exercise Price within the Notice Period, the Company shall have the right, without further notice to call this Warrant at a redemption price equal to $0.01 per share of Common Stock then purchasable pursuant to the Warrant. Notwithstanding any such notice by the Company, the Holder shall have the right to exercise this Warrant in whole or in part prior to the end of the Notice Period. The provisions of this subsection (d) shall be binding upon any transferee of the Warrant.

Call Provisions. (a) If a Change of Agency Event has occurred, JPP shall have the right, but not the obligation, to deliver a written notice (the “Call Notice”) to Cascade and any other Lender (the “Notice Lender(s)”). In addition, in the event a Change of Agency Event has occurred, Cascade shall have the right, but not the obligation, at any time, to deliver a Call Notice to any Notice Lender (including JPP, but JPP shall not have any obligation to accept such Call Notice or transfer its interest in the Loan to Cascade and a failure by JPP to deliver a response notice to Cascade electing to be a Notice Lender shall be deemed to be JPP’s rejection of such Call Notice and JPP shall not be a Notice Lender; for the avoidance of doubt, if JPP does accept such Call Notice, JPP shall be a Notice Lender). (b) On the fifth (5th) Business Day following delivery of the Call Notice, each Notice Lender shall transfer and assign to JPP or Cascade, as the case may be, pursuant to an assignment and assumption agreement substantially similar to that used in connection with a Transfer pursuant to Section 4 hereof and otherwise reasonably acceptable to such Notice Lender, JPP or Cascade, as the case may be, all right, title and interest that such Notice Lender has in the Loan, and JPP or Cascade, as the case may be, shall assume all obligations and liability of such Notice Lender which first arise or accrue from and after such assignment, and JPP or Cascade, as applicable, shall, upon execution thereof, pay to such Notice Lender the Call Purchase Price by wire transfer of immediately available funds to the account designated in writing by such Notice Lender. For the purpose of this Section 7, the term “Call Purchase Price” means the amount equal to the total outstanding principal amount of the Ratable Share of the Loan held by such Notice Lender at such time plus the total amount of accrued and unpaid interest on such Ratable Share due at such time, any amounts then due pursuant to Section 3 of this Agreement to such Notice Lender at such time, and all other amounts payable under or secured by any Loan Documents; provided, however, that following the occurrence of any Insolvency Proceeding, any interest due at such time plus all other accrued interest on the Ratable Share of the Loan held by such Notice Lender with respect to the period of time prior to the transfer of such Ratable Share to JPP or Cascade, solely to the extent and at such time as actually received by or distributed to JPP o...

Call Provisions. The shares of Series A Convertible Preferred Stock shall, at the sole discretion of the Board of Directors of the Corporation, be callable, in whole or in part, from time to time or at any time, at a price of $0.80 per share. Notwithstanding the foregoing, however, the Corporation may not call the shares of Series A Convertible Preferred Stock unless all dividends have been paid in full to the holders of the Preferred Stock as of the time of call.

Call Provisions. Commencing at any time after the date of the issuance of this Warrant, if (i) the average closing sales price of the Common Stock on NYSE Amex Equities (or such other national securities exchange on which the Common Stock is then listed or quoted for trading) for any 30 consecutive trading days exceeds $_____ (a “Trigger Period”), and (ii) the Warrant Shares are either registered for resale pursuant to an effective registration statement naming the Holder as a selling stockholder thereunder or freely transferable without volume restrictions pursuant to Rule 144(k) promulgated under the Securities Act, as determined by counsel to the Company pursuant to a written opinion letter addressed and in form and substance acceptable to the Holder and the transfer agent for the Common Stock, then the Company shall have the right, upon 30 days’ prior written notice to the Holder given not later than five (5) Trading Days after the conclusion of any such Trigger Period (the “Redemption Notice”), to redeem this Warrant at a price of $.01 per Warrant Share subject to this Warrant (the “Redemption Price”), on the date set forth in the Redemption Notice, but in no event earlier than 30 days following the date of the receipt by the Holder of the Redemption Notice (the “Redemption Date”).

Call Provisions. See Filed Final Pricing Supplement at “Summary—Call Provision”. No sinking fund provisions None

Call Provisions. (1) Prior to the Partnership Interest Maturity Date and except during a Shift Period the Partnership Interests may be called for early redemption, in part or in full, by the LLC on March 31, 2031 (the "First Call Date"), and thereafter on any Distribution Payment Date (such date, together with the First Call Date, the "Call Date") for an amount per Partnership Interest equal to the Current Nominal Value plus any unpaid Distributions for the then current Distribution Period (i) with the prior consent of the German Federal Financial Markets Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – "BaFin") and (ii) upon no less than 30 and no more than 60 days' written notice to holders of Partnership Interests prior to the Call Date. (2) The LLC may not call any Partnership Interests prior to the Partnership Interest Maturity Date unless the Current Nominal Value of each Partnership Interest is equal to the Liquidation Preference. (3) Unless the LLC defaults in payment of the call price, on and after the Call Date Distributions will cease to accrue on the Partnership Interests, or portions thereof, called for redemption. (4) In the event that fewer than all of the outstanding Partnership Interests are to be called, the number of Partnership Interests to be called shall be determined by the board of directors of the LLC, and the Partnership Interests to be called shall be determined by lot or pro rata as may be determined by the board of directors in its equitable discretion. The method for determining the Partnership Interests to be called, in whole or in part, must satisfy any applicable requirements of any securities exchange or automated quotation system on which the Certificates may then be listed or quoted and, if any of the Certificates are then held in a clearing system, any applicable requirements of such clearing system. The LLC shall promptly give notice, in writing to the registrar and transfer agent in respect of the Certificates, of the Partnership Interests to be called and, in the event less than all of the Partnership Interests are to be called, the aggregate Liquidation Preference of the Partnership Interests to be called. (5) If full Distributions on any Partnership Interest are unpaid, (i) no Partnership Interests shall be redeemed unless all outstanding Partnership Interests are redeemed and (ii) the LLC shall not purchase or otherwise acquire any Partnership Interests or Certificates, provided, however, that the LLC may p...

Call Provisions. The Series B Convertible Preferred Stock shall not be callable by the Company.

Call Provisions. 1.01 Xxxxxxx hereby gives and grants to NRGF, upon the terms and subject to the conditions hereinafter set out, the right to require Xxxxxxx to exchange the Holdco "A" and Holdco "B" Units held by Xxxxxxx for Voting Common Shares of NRGF on the basis of one Common Share of NRGF for each Holdco "A" and "B" Units exchanged.

Call Provisions. (a) Notwithstanding any other provision contained in this Warrant Indenture or the Warrant Certificate to the contrary: (i) subject to the provisions of clauses (ii) through (viii), in the event that the closing price of the Common Shares as traded on the TSX (or such other exchange or stock market on which the Common Shares may then be listed or quoted) equals or exceeds Cdn$2.50 (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Shares occurring after the date hereof) for 20 consecutive Trading Days (the "Trading Condition"), WorldHeart, upon 30 days prior written notice (the "Notice Period") given to all Warrantholders immediately following such 20 Trading Day period, may demand that the Warrantholders exercise a portion of their rights under the Warrants, as described below in paragraph (ii), and the Warrantholders must exercise their rights prior to the expiration of the Notice Period or if such exercise is not made or if only a partial exercise is made, any and all rights to further exercise rights with respect to that portion of their Warrants shall cease upon the expiration of the Notice Period (the "Warrant Reduction"); (ii) in any three-month period no more than the lesser of (i) 20% of the aggregate amount of Warrants initially issued to a Warrantholder or (ii) the number of Warrants held by the Warrantholder, may be called by WorldHeart and WorldHeart may not call additional Warrants in any subsequent three-month period unless all the conditions specified in this Section 4.6 are again met (including without limitation, the Trading Condition) at the time that any subsequent call notice is given; (iii) it is a condition of WorldHeart exercising its rights under this Section 4.6 that (i) with respect to the holders of Units in the United States, that all of the Common Shares issuable under the Warrants issued to holders of Units in the United States either (A) are registered pursuant to an effective Registration Statement (as defined in the Registration Rights Agreement) which is available for sales of Common Shares during the Notice Period or (B) no longer constitute Registrable Securities (as defined in the Registration Rights Agreement); (iv) with respect to all Warrantholders WorldHeart must simultaneously call all Warrants on the same terms and for the purposes of paragraphs 4.6(a)(i), (ii), (iv) and (vii) such provisions shall be deemed to apply to the Edwar...

Call Provisions. ‌ (a) If an Event of Default has occurred and shall be continuing, the non-Defaulting Members who are Founding Members shall have the right, exercisable within the time periods specified in paragraph (b) below, to purchase all, but not less than all, of the Defaulting Member’s Interest at the Fair Market Value of such Interest in accordance with paragraph (c) of this Section 8.5. (b) Each non-Defaulting Member who is a Founding Member may exercise its rights under Section 8.5(a) immediately and for a period of 120 days. (c) The Fair Market Value of any Interest for purposes of this Section 8.5 shall be determined in accordance with Section 8.6. Any Member invoking its right to purchase an Interest under this Section 8.5 shall so notify the Founding Members (or in the case of a proposed Transfer by a Founding Member, the other Founding Member) in writing within the applicable time period as set forth in Section 8.5(b) and shall have the right at any time to require a determination of Fair Market Value in accordance with Section 8.6. Within 30 days of the date on which the values of the relevant Interests are determined in accordance with Section 8.6, each Interest to be transferred shall be transferred on the terms set forth herein, by payment of the purchase price for such Interest by wire transfer of immediately available funds against delivery by the selling Member of all documents necessary to fully transfer such Interest, free and clear of all Liens to the purchasing Member.