Common use of Company Election Notice Clause in Contracts

Company Election Notice. To elect to pay the Special Interest as the sole remedy for a Reporting Event of Default, the Company must deliver written notice of such election to the Holder prior to the date on which such Reporting Event of Default first occurs. Any such notice must include a brief description of the report that the Company failed, or will fail, to file, a statement that the Company is electing to pay the Special Interest and the date on which such Reporting Event of Default will occur. If a Reporting Event of Default occurs and the Company fails to timely deliver such notice for such Reporting Event of Default or fails to pay the Special Interest, this Note will be subject to acceleration under Section 6.02(a) on account of such Reporting Event of Default.

Appears in 4 contracts

Samples: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)

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Company Election Notice. To elect to pay the Special Interest as the sole remedy for a Reporting Event of Default, the Company must deliver written notice of such election to the Holder prior to the date on which such Reporting Event of Default first occurs. Any such notice must include a brief description of the report that the Company failed, or will fail, to file, a statement that the Company is electing to pay the Special Interest and the date on which such Reporting Event of Default will occur. If a Reporting Event of Default occurs and the Company fails to timely deliver such notice for such Reporting Event of Default or fails to pay the Special Interest, this Note will be subject to acceleration under Section 6.02(a) hereof on account of such Reporting Event of Default.

Appears in 2 contracts

Samples: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)

Company Election Notice. To elect to pay the Special Interest as the sole remedy for a Reporting Event of Default during the first 180 days after a Reporting Event of Default, the Company must deliver written notice in writing of such election to the Holder Holders, the Paying Agent and the Trustee prior to the date on which such Reporting Event of Default first occurs. Any such notice must include a brief description of the report that the Company failed, or will fail, to file, a statement that the Company is electing to pay the Special Interest and the date on which such Reporting Event of Default will occur. If a Reporting Event of Default occurs and the Company fails to timely deliver such notice for such Reporting Event of Default or fails to pay Default, the Special Interest, this Note Notes will be subject to acceleration under Section 6.02(a) hereof on account of such Reporting Event of Default.

Appears in 2 contracts

Samples: Indenture (Par Technology Corp), Indenture (Par Technology Corp)

Company Election Notice. To elect to pay the Special Additional Interest as the sole remedy for a Reporting Event of Default during the first 360 days after a Reporting Event of Default, the Company must deliver written notice in writing of such election to the Holder Holders, the Paying Agent and the Trustee prior to the date on which such Reporting Event of Default first occurs. Any such notice must include a brief description of the report that the Company failed, or will fail, to file, a statement that the Company is electing to pay the Special Additional Interest and the date on which such Reporting Event of Default will occur. If a Reporting Event of Default occurs and the Company fails to timely deliver such notice for such Reporting Event of Default or fails to pay Default, the Special Interest, this Note Notes will be subject to acceleration under Section 6.02(a) hereof on account of such Reporting Event of Default.

Appears in 1 contract

Samples: First Supplemental Indenture (Par Technology Corp)

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Company Election Notice. To elect to pay the Special Interest Extension Fee as the sole remedy for a Reporting Event of Default, the Company must deliver written notice of such election to the Holder Holders, the Paying Agent and the Trustee prior to the date on which such Reporting Event of Default first occurs. Any such notice must include a brief description of the report that the Company failed, or will fail, to file, a statement that the Company is electing to pay the Special Interest Extension Fee and the date on which such Reporting Event of Default will occur. If a Reporting Event of Default occurs and the Company fails to timely deliver such notice for such Reporting Event of Default or fails to pay Default, the Special Interest, this Note Notes will be subject to acceleration under Section ‎Section 6.02(a) hereof on account of such Reporting Event of Default.

Appears in 1 contract

Samples: Indenture (GAIN Capital Holdings, Inc.)

Company Election Notice. To elect to pay the Special Interest as the sole remedy for a Reporting Event of Default, the Company must deliver written notice of such election to the Holder Holders, the Paying Agent and the Trustee prior to the date on which such Reporting Event of Default first occurs. Any such notice must include a brief description of the report or reports that the Company failed, or will fail, failed to filefile that caused such Reporting Event of Default, a statement that the Company is electing to pay the Special Interest and the date on which such Reporting Event of Default will occur. If a Reporting Event of Default occurs and the Company fails to timely deliver such notice for such Reporting Event of Default or fails to pay Default, the Special Interest, this Note Notes will be subject to acceleration under Section 6.02(a) 6.03 hereof on account of such Reporting Event of Default.

Appears in 1 contract

Samples: Indenture (ZaZa Energy Corp)

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