Disputes; Miscellaneous. In the event of a dispute as to the determination of the arithmetic calculation of any Redemption Price, such dispute shall be resolved pursuant to Section 2(c)(iii) above with the term "Redemption Price" being substituted for the term "Conversion Rate". A Holder's delivery of a Void Optional Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments which have accrued prior to the date of such notice. In the event of a redemption pursuant to this Certificate of Designations of less than all of the Preferred Shares represented by a particular Preferred Stock Certificate, the Company shall promptly cause to be issued and delivered to the Holder of such Preferred Shares a Preferred Stock Certificate representing the remaining Preferred Shares which have not been redeemed, if necessary.
Appears in 3 contracts
Samples: Exchange Agreement (Eon Communications Corp), Securities Purchase Agreement (Eon Communications Corp), Merger Agreement (Eon Communications Corp)
Disputes; Miscellaneous. In the event of a dispute as to the determination of the arithmetic calculation of any the Redemption Price, such dispute shall be resolved pursuant to Section 2(c)(iii2(d)(iii) above with the term "“Redemption Price" ” being substituted for the term "“Conversion Rate"”. A Holder's ’s delivery of a Void Optional Redemption Notice and exercise of its rights following such notice shall not affect effect the Company's ’s obligations to make any payments which have accrued prior to the date of such notice. In the event of a redemption pursuant to this Certificate of Designations Section 3 of less than all of the Preferred Shares represented by a particular Preferred Stock Certificate, the Company shall promptly cause to be issued and delivered to the Holder of such Preferred Shares a Preferred Stock Certificate representing the remaining Preferred Shares which have not been redeemed, if necessary.
Appears in 3 contracts
Samples: Merger Agreement (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, Inc)
Disputes; Miscellaneous. In the event of a dispute as to the determination of the arithmetic calculation of any the Redemption Price, such dispute shall be resolved pursuant to Section 2(c)(iii2(d)(iii) above with the term "Redemption Price" being substituted for the term "Conversion Rate". A Holder's delivery of a Void Optional Redemption Notice and exercise of its rights following such notice shall not affect effect the Company's obligations to make any payments which have accrued prior to the date of such notice. In the event of a redemption pursuant to this Certificate of Designations Section 3 of less than all of the Preferred Shares represented by a particular Preferred Stock Certificate, the Company shall promptly cause to be issued and delivered to the Holder of such Preferred Shares a Preferred Stock Certificate representing the remaining Preferred Shares which have not been redeemed, if necessary.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cano Petroleum, Inc), Investors Rights Agreement (Cano Petroleum, Inc)
Disputes; Miscellaneous. In the event of a dispute as to the determination of the arithmetic calculation of any the Redemption Price, such dispute shall be resolved pursuant to Section 2(c)(iii2(d)(iii) above with the term "“Redemption Price" ” being substituted for the term "“Conversion Rate"”. A Holder's ’s delivery of a Void Optional Redemption Notice and exercise of its rights following such notice shall not affect effect the Company's ’s obligations to make any payments which have accrued prior to the date of such notice. In the event of a redemption pursuant to this Certificate of Designations Section 3 of less than all of the Preferred Shares represented by a particular Preferred Stock Share Certificate, the Company shall promptly cause to be issued and delivered to the Holder of such Preferred Shares a Preferred Stock Share Certificate representing the remaining Preferred Shares which have not been redeemed, if necessary.
Appears in 1 contract
Samples: Securities Purchase Agreement (Devcon International Corp)
Disputes; Miscellaneous. In the event of a dispute as to the determination of the arithmetic calculation of any Redemption Price, such dispute shall be resolved pursuant to Section 2(c)(iii) above with the term "“Redemption Price" ” being substituted for the term "“Conversion Rate"”. A Holder's delivery of a Void Optional Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments which have accrued prior to the date of such notice. In the event of a redemption pursuant to this Certificate of Designations of less than all of the Preferred Shares represented by a particular Preferred Stock Certificate, the Company shall promptly cause to be issued and delivered to the Holder of such Preferred Shares a Preferred Stock Certificate representing the remaining Preferred Shares which have not been redeemed, if necessary.
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
Disputes; Miscellaneous. In the event of a dispute as to the determination of the arithmetic calculation of any the Redemption Price, such dispute shall be resolved pursuant to Section 2(c)(iii2(d)(iii) above with the term "Redemption Price" being substituted for the term "Conversion Rate". A Holder's delivery of a Void Optional Redemption Notice and exercise of its rights following such notice shall not affect effect the Company's obligations to make any payments which have accrued prior to the date of such notice. In the event of a redemption pursuant to this Certificate of Designations Section 3 of less than all of the Preferred Shares represented by a particular Preferred Stock Share Certificate, the Company shall promptly cause to be issued and delivered to the Holder of such Preferred Shares a Preferred Stock Share Certificate representing the remaining Preferred Shares which have not been redeemed, if necessary.
Appears in 1 contract
Samples: Consent and Waiver Agreement (Interpharm Holdings Inc)