Cash Redemption. The Company at its option shall have the right, but not the obligation, to redeem in cash (a “Cash Redemption”) early a portion or all amounts outstanding under this Note as described in this Section; provided that (i) the Company provides the Holder with at least 10 Trading Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise a Cash Redemption, and (ii) on the date the Redemption Notice is issued, the VWAP of the Common Stock is less than the Conversion Price. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance of the Note to be redeemed and the Redemption Amount. The “Redemption Amount” shall be equal to the outstanding Principal balance being redeemed by the Company, plus the Payment Premium, plus all accrued and unpaid Interest. After receipt of the Redemption Notice, the Holder shall have 10 Trading Days to elect to convert all or any portion of the Note. On the 11th Trading Day after the Redemption Notice, the Company shall deliver to the Holder the Redemption Amount with respect to the Principal amount redeemed after giving effect to conversions or other payments effected during the 10 Trading Day period.
Cash Redemption. The redemption proceeds for a Creation Unit of a Fund will consist solely of cash.
Cash Redemption. So long as any there exists any SL Party that holds Class A Common Stock that was issued to such SL Party (or its Affiliated transferor) as of the closing of the IPO, and any other SL Party that holds any Common Units that were issued to such SL Party (or its Affiliated transferor) as of the closing of the IPO, if the SL Party holding the Common Units desires to effect a Redemption (in accordance with, and as defined in, the Endeavor Operating LLC Agreement), PubCo shall not, and shall cause Endeavor Operating Company not to, settle such Redemption with a Cash Settlement (as defined in the Endeavor Operating LLC Agreement) without the prior written consent of the applicable SL Party.
Cash Redemption. ListCo, HoldFin and BI shall use their best efforts to ensure that, by no later than November 1, 2021, ListCo, HoldFin or BI will have available (including pursuant to firm funding commitments or otherwise), in aggregate, cash and cash equivalents that are unrestricted and otherwise available to be used to pay the cash consideration for the Cash Redeemable Shares upon their redemption, in an amount equal to the maximum amount specified in the Cash Redemption Threshold Condition.
Cash Redemption. Limited Partners whose Units are redeemed will be entitled to receive a redemption price per Unit (hereinafter the “Redemption Price”) determined on the basis set out in the relevant Offering Memorandum and Schedule “B”. The General Partner may reduce the Redemption Price by any Redemption Discount that may apply if the Units being redeemed are within the early redemption period specific to the Units being redeemed. The Redemption Discount and early redemption period will be as set out in the relevant Offering Memorandum and Schedule “B” hereto. This Redemption Discount may be increased, decreased, amended or waived at any time and from time to time at the discretion of the General Partner.
Cash Redemption. Sibelco shall be responsible for, and shall indemnify and hold harmless Unimin and its Affiliates and each of their respective officers, directors and employees from and against, any U.S. withholding taxes (including any FIRPTA Taxes) imposed in respect of, or as a result of, the Cash Redemption, with such indemnity being payable within two Business Days after such payment.
Cash Redemption. Prior to the Closing, the Seller shall use commercially reasonable efforts to cause all Cash Equivalents of the Company Group to be distributed to the Seller in redemption of a number of Shares (other than the Rollover Shares) held by the Seller that is commensurate in value with the Cash Equivalents distributed to the Seller; provided, however, that the Seller shall not be required to distribute (i) any Cash Equivalents that are required to be held by the Company Group pursuant to Law, (ii) any Cash Equivalents where the dividend or other transfer or repatriation of such Cash Equivalents would result in the payment of any Taxes (withholding or otherwise) or penalties, and (iii) any Cash Equivalents that, in the good faith judgment of the Seller, is required for the operations of the Company Group (the “Equity Redemption”). Purchaser and the Seller agree that the Equity Redemption and the sale of the Shares shall be treated as steps in an integrated plan, and therefore that the Equity Redemption shall be treated as a redemption under Section 302(b) of the Code, pursuant to Rev. Rul. 75-447 and Xxxx x. Xxxxxxxxx, 213 F.2d 914 (6th Cir. 1954). No party (including the Company Group after Closing) shall take any action or position inconsistent with such treatment unless otherwise required by applicable Law. Notwithstanding anything contained herein to the contrary, the Seller and the Company Group may enter into redemption or similar agreements and related transactions in order to effectuate the Equity Redemption.
Cash Redemption. If you choose to redeem for cash, the cash will be provided to you in the form of a check, an electronic deposit into a Fifth Third Bank savings or checking account, a payment made to the principal of an eligible Fifth Third Bank loan or mortgage, or such other form as we may determine in our sole discretion. Cash reward checks are not issued automatically; checks will be issued only upon request of the customer. Each check will be valid for ninety (90) days from its date of issue. If your Rewards account is closed before the check is created, then the cash reward will be forfeited (except if your card has been reported as lost or stolen, subject to verification).
Cash Redemption. The redemption proceeds for a Creation Unit of a Fund will consist solely of cash. To be eligible to place Redemption Orders with Administrator, an Authorized Participant must be a DTC Participant.
Cash Redemption. In the event there is not in place an effective registration statement on the Expiration Date of the Warrants, the Warrants will remain outstanding and not expire until 90 days after an effective Registration Statement is filed. If, within 90 days following the Expiration Date the Company does not file an effective Registration Statement, the Warrants will become exerciseable for cash consideration equal to the excess of the Market Value over the Warrant Price multiplied by the number of Warrants exercised until such time as an effective Registration Statement is filed. For the purposes of the foregoing, “Market Value” shall equal the Volume Weighted Average Common Stock price as quoted by Bloomberg for the 10 trading days prior to the Exercise Date.
