Early Redemption. The Company shall have the right, but not the obligation, to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock is less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 Business Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise an Optional Redemption. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance of the Convertible Debentures to be redeemed and the applicable Redemption Premium. The “Redemption Amount” shall be equal to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 Business Days to elect to convert all or any portion of Convertible Debentures. On the 6th Business 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 effected during the 5 Business Day period.
Appears in 3 contracts
Samples: Convertible Debenture (China Xiangtai Food Co., Ltd.), Convertible Debenture (China Xiangtai Food Co., Ltd.), Convertible Debenture (China Xiangtai Food Co., Ltd.)
Early Redemption. The Company at its option shall have the right, but not the obligation, to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture in cash at the Redemption Amount (as defined below) as described in this Section; provided that (i) the trading price of the Common Stock is less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 Business 10 Trading Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise an Optional Redemption, and (ii) on the date the Redemption Notice is issued, the trading price of the Common Stock is less than the Fixed Conversion Price. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance of the Convertible Debentures to be redeemed and the applicable Redemption Premium. The “Redemption Amount” shall be an amount equal to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premiuma redemption premium equal to 5% in respect of such Principal amount, plus all accrued and unpaid interestinterest hereunder as of such redemption date. After receipt of the Redemption Notice, the Holder shall have 5 10 Business Days to elect to convert all or any portion of Convertible Debenturesthe outstanding Principal of the Debenture plus all accrued and unpaid Interest. On the 6th 11th Business 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 effected during the 5 Business Day applicable notice period.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Canoo Inc.), Securities Purchase Agreement (Canoo Inc.), Securities Purchase Agreement (Canoo Inc.)
Early Redemption. The Company at its option shall have the right, but not the obligation, to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price VWAP of the Common Stock is less than the Fixed Conversion Price on the Trading Day immediately preceding the date of the Redemption Notice and (ii) the Company provides the Holder with at least 5 10 Business Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise an Optional Redemption. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance of the Convertible Debentures to be redeemed and the applicable Redemption Premium. The “Redemption Amount” shall be equal to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 10 Business Days to elect to convert all or any portion of Convertible Debentures. On the 6th 11th Business 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 effected during the 5 10 Business Day period.
Appears in 2 contracts
Samples: Convertible Debenture Amendment (Rubicon Technologies, Inc.), Convertible Debenture Amendment (Rubicon Technologies, Inc.)
Early Redemption. The Company at its option shall have the right, but not the obligation, to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture in cash at the Redemption Amount (as defined below) as described in this Section; provided that (i) the trading price of the Common Stock is less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 3 Business Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise an Optional Redemption. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance of the Convertible Debentures to be redeemed and the applicable Redemption Premium. The “Redemption Amount” shall be an amount equal to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interestInterest hereunder as of such redemption date. After receipt of the Redemption Notice, the Holder shall have 5 3 Business Days to elect to convert all or any portion of the outstanding Principal of the Convertible DebenturesDebentures plus all accrued and unpaid Interest. On the 6th 4th Business 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 effected during the 5 Business Day applicable notice period.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Niocorp Developments LTD), Securities Purchase Agreement (Niocorp Developments LTD)
Early Redemption. The Company 14.1 Subject to clause 14.3, the Issuer shall:
14.1.1 at its election, promptly following a Change of Control;
14.1.2 immediately following the promulgation of an Adverse Tax or Regulatory Requirement; and
14.1.3 immediately following the identification of any Affected Person, redeem all of the Debentures or, in the case of the Debentures held by an Affected Person, redeem the Debentures held by such Affected Person (in each case, an Early Redemption), by issue of a notice to the Agent (who shall, in turn, promptly notify the Holders via the Abundance Service), giving not less than 20 Business Days’ notice of its intention to effect such redemption (a Notice of Redemption). Each Notice of Redemption will specify the last Business Day of the Interest Period ending on or following the expiration of the 20 Business Days’ notice period as the date on which such redemption will take place (such date being, the Early Redemption Date).
14.2 Subject to clause 14.3, the Issuer shall have the right, but not the obligation, be entitled to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock is Debentures in full on any Cash Return Date on or after the Early Redemption Option Date by the issuance of a Notice of Redemption to the Agent (who shall, in turn, promptly notify the Holders via the Abundance Service) giving not less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 20 Business Days’ prior written notice (each, a “Redemption Notice”) of its desire intention to exercise an Optional Redemption. Each redeem all of the Debentures on the relevant Early Redemption Notice Date.
14.3 On each Early Redemption Date, the Issuer shall redeem and repay all Principal outstanding under all of the Debentures in full (or, in the case of clause 14.1.3, redeem and repay all Principal outstanding under the Debentures held by such Affected Person), together with any and all accrued Interest outstanding and payable under the Debentures to (and including) the Early Redemption Date (as applicable) and, in respect of clauses 14.1.1 or 14.2, pay the Early Redemption Fee.
14.4 The Issuer shall be irrevocable entitled to redeem the Debentures in part on any Cash Return Date on or after the Early Redemption Option Date, together with any accrued Interest outstanding and shall specify payable under the outstanding balance of the Convertible Debentures that are to be redeemed to and (including) the applicable Early Redemption Premium. The “Date and payment of the Early Redemption Amount” shall be equal Fee, if:
14.4.1 any Financial Indebtedness being used to redeem the Debentures in part meets the criteria of Permitted Indebtedness and is not detrimental to the outstanding Principal balance being redeemed Debentures; or
14.4.2 the partial redemption of the Debentures is financed from the revenue of the Projects, the amount of surplus free cash remaining after the partial redemption of the Debentures must be sufficient to meet the forecast net operating cashflow deficit of the Projects up to but not including the next expected timber sales, together with a 30 per cent. buffer added to the forecast net operating cashflow deficit, by the Company, plus the applicable issuance of a Notice of Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 Business Days to elect to convert all or any portion of Convertible Debentures. On the 6th Business Day after the Redemption Notice, the Company shall deliver to the Holder Agent (who shall, in turn, promptly notify the Holders via the Abundance Service) giving not less than 20 Business Days’ prior written notice of its intention to redeem the Debentures in part on the relevant Early Redemption Amount with respect to the Principal amount redeemed after giving effect to conversions effected during the 5 Business Day periodDate.
Appears in 1 contract
Samples: Debenture Deed
Early Redemption. The Company 14.1 Subject to clause 14.3, the Issuer shall:
14.1.1 at its election, promptly following a Change of Control;
14.1.2 immediately following the promulgation of an Adverse Tax or Regulatory Requirement; and
14.1.3 immediately following the identification of any Affected Person, redeem all of the Debentures or, in the case of the Debentures held by an Affected Person, redeem the Debentures held by such Affected Person (in each case, an Early Redemption), by issue of a notice to the Agent (who shall, in turn, promptly notify the Holders via the Abundance Service), giving not less than 20 Business Days’ notice of its intention to effect such redemption (a Notice of Redemption). Each Notice of Redemption will specify the last Business Day of the Interest Period ending on or following the expiration of the 20 Business Days’ notice period as the date on which such redemption will take place (such date being, the Early Redemption Date).
14.2 Subject to clause 14.3, the Issuer shall have the right, but not the obligation, be entitled to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock is Debentures in full on any Cash Return Date on or after the Early Redemption Option Date by the issuance of a Notice of Redemption to the Agent (who shall, in turn, promptly notify the Holders via the Abundance Service) giving not less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 20 Business Days’ prior written notice (each, a “Redemption Notice”) of its desire intention to exercise an Optional Redemption. Each redeem all of the Debentures on the relevant Early Redemption Notice Date.
14.3 On each Early Redemption Date, the Issuer shall redeem and repay all Principal outstanding under all of the Debentures in full (or, in the case of clause 14.1.3, redeem and repay all Principal outstanding under the Debentures held by such Affected Person), together with any and all accrued Interest outstanding and payable under the Debentures to (and including) the Early Redemption Date (as applicable) and, in respect of clauses 14.1.1 or 14.2, pay the Early Redemption Fee.
14.4 The Issuer shall be irrevocable entitled to redeem the Debentures in part on any Cash Return Date on or after the Early Redemption Option Date, together with any accrued Interest outstanding and shall specify payable under the outstanding balance of the Convertible Debentures that are to be redeemed to and (including) the applicable Early Redemption Premium. The “Date and payment of the Early Redemption Amount” shall be equal Fee, if:
14.4.1 any Financial Indebtedness being used to redeem the Debentures in part meets the criteria of Permitted Indebtedness and is not detrimental to the outstanding Principal balance being redeemed Debentures; or
14.4.2 the partial redemption of the Debentures is financed from the revenue of the Project, the amount of surplus free cash remaining after the partial redemption of the Debentures must be sufficient to meet the forecast net operating cashflow deficit of the Project up to but not including the next expected timber sales, together with a 30 per cent. buffer added to the forecast net operating cashflow deficit, by the Company, plus the applicable issuance of a Notice of Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 Business Days to elect to convert all or any portion of Convertible Debentures. On the 6th Business Day after the Redemption Notice, the Company shall deliver to the Holder Agent (who shall, in turn, promptly notify the Holders via the Abundance Service) giving not less than 20 Business Days’ prior written notice of its intention to redeem the Debentures in part on the relevant Early Redemption Amount with respect to the Principal amount redeemed after giving effect to conversions effected during the 5 Business Day periodDate.
Appears in 1 contract
Samples: Debenture Deed
Early Redemption. The Company 14.1 Subject to clause 14.3, the Issuer shall:
14.1.1 at its election, promptly following a Change of Control;
14.1.2 immediately following the promulgation of an Adverse Tax or Regulatory Requirement; and
14.1.3 immediately following the identification of any Affected Person, redeem all of the Debentures or, in the case of the Debentures held by an Affected Person, redeem the Debentures held by such Affected Person (in each case, an Early Redemption), by issue of a notice to the Agent (who shall, in turn, promptly notify the Holders via the Abundance Service), giving not less than 20 Business Days’ notice of its intention to effect such redemption
(a Notice of Redemption). Each Notice of Redemption will specify the last Business Day of the Interest Period ending on or following the expiration of the 20 Business Days’ notice period as the date on which such redemption will take place (such date being, the Early Redemption Date).
14.2 Subject to clause 14.3, the Issuer shall have the right, but not the obligation, be entitled to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock is Debentures in full on any Business Day on or after the Early Redemption Option Date by the issuance of a Notice of Redemption to the Agent (who shall, in turn, promptly notify the Holders via the Abundance Service) giving not less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 20 Business Days’ prior written notice (each, a “to expire on or after the Early Redemption Notice”Option Date) of its desire intention to exercise an Optional Redemption. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance redeem all of the Convertible Debentures on the relevant Early Redemption Date.
14.3 On each Early Redemption Date, the Issuer shall redeem and repay all Principal outstanding under the relevant Debentures in full, together with any and all accrued Interest outstanding and payable under the Debentures to be redeemed (and including) the applicable Early Redemption Premium. The “Date (as applicable) and pay the Early Redemption Amount” shall be equal to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 Business Days to elect to convert all or any portion of Convertible Debentures. On the 6th Business 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 effected during the 5 Business Day periodFee.
Appears in 1 contract
Samples: Debenture Deed
Early Redemption. The Company shall have the right, but not the obligation, to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock is less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 Business Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise an Optional Redemption, and (ii) the current stock price of the Common Stock on the NYSE American (as reported by Bloomberg LP) at the time of the delivery of the Redemption Notice is less than the Fixed Conversion Price. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance of the Convertible Debentures to be redeemed and the applicable Redemption PremiumAmount. The “Redemption Amount” shall be equal to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interest, if any. After receipt of the Redemption Notice, the Holder shall have 5 Business Days to elect to convert all or any portion of Convertible DebenturesDebentures subject to the limitations set forth in Section 3(c). On the 6th Business 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 effected during the 5 Business Day period.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tanzanian Gold Corp)
Early Redemption. The Company 14.1 Subject to clause 14.3, the Issuer shall:
14.1.1 at its election, promptly following a Change of Control;
14.1.2 immediately following the promulgation of an Adverse Tax or Regulatory Requirement; and
14.1.3 immediately following the identification of any Affected Person, redeem all of the Debentures or, in the case of the Debentures held by an Affected Person, redeem the Debentures held by such Affected Person (in each case, an Early Redemption), by issue of a notice to the Agent (who shall, in turn, promptly notify the Holders via the Abundance Service), giving not less than 20 Business Days’ notice of its intention to effect such redemption (a Notice of Redemption). Each Notice of Redemption will specify the last Business Day of the Interest Period ending on or following the expiration of the 20 Business Days’ notice period as the date on which such redemption will take place (such date being, the Early Redemption Date).
14.2 Subject to clause 14.3, the Issuer shall have the right, but not the obligation, be entitled to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock is Debentures in full on any Business Day on or after the Early Redemption Option Date by the issuance of a Notice of Redemption to the Agent (who shall, in turn, promptly notify the Holders via the Abundance Service) giving not less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 20 Business Days’ prior written notice (each, a “to expire on or after the Early Redemption Notice”Option Date) of its desire intention to exercise an Optional Redemption. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance redeem all of the Convertible Debentures on the relevant Early Redemption Date.
14.3 On each Early Redemption Date, the Issuer shall redeem and repay all Principal outstanding under the relevant Debentures in full, together with any and all accrued Interest outstanding and payable under the Debentures to be redeemed (and including) the applicable Early Redemption Premium. The “Date (as applicable) and pay the Early Redemption Amount” shall be equal to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 Business Days to elect to convert all or any portion of Convertible Debentures. On the 6th Business 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 effected during the 5 Business Day periodFee.
Appears in 1 contract
Samples: Debenture Deed
Early Redemption. The Company shall have the right, but not the obligation, to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock ADSs is less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 10 Business Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise an Optional Redemption. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance of the Convertible Debentures to be redeemed and the applicable Redemption Premium. The “Redemption Amount” shall be equal to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 10 Business Days to elect to convert all or any portion of Convertible Debentures. On the 6th 11th Business 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 effected during the 5 10 Business Day period.
Appears in 1 contract
Samples: Securities Purchase Agreement (Molecular Data Inc.)
Early Redemption. The Company at its option shall have the right, but not the obligation, to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock Ordinary Shares is less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 five (5) Business Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise an Optional Redemption. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance of the Convertible Debentures to be redeemed and the applicable Redemption Premium. The “Redemption Amount” shall be equal to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 Business Days to elect to convert all or any portion of Convertible Debenturesthe Debenture. On the 6th Business 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 effected during the 5 Business Day period.
Appears in 1 contract
Early Redemption. The Company 14.1 Subject to clause 14.3, the Issuer shall:
14.1.1 at its election, promptly following a Change of Control;
14.1.2 immediately following the promulgation of an Adverse Tax or Regulatory Requirement; and
14.1.3 immediately following the identification of any Affected Person, redeem all of the Debentures or, in the case of the Debentures held by an Affected Person (in each case an “Early Redemption”), redeem the Debentures held by such Affected Person, by issue of an irrevocable notice to the Agent (who shall, in turn, promptly notify the Holders via the Abundance Service), giving not less than 20 Business Days’ notice of its intention to effect such redemption (a “Notice of Redemption”). Each Notice of Redemption will specify the last Business Day of the Interest Period ending on or following the expiration of the 20 Business Days’ notice period as the date on which such redemption will take place (such date being the “Early Redemption Date”).
14.2 Subject to clause 14.3, the Issuer shall have the right, but not the obligation, be entitled to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock is Debentures in full on or after the Early Redemption Option Date by the issue of a Notice of Redemption giving not less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 20 Business Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise an Optional Redemption. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance intention effect such redemption of all of the Convertible Debentures on, and specifying, the Early Redemption Date.
14.3 On each Early Redemption Date, the Issuer shall redeem and repay all Principal outstanding under the relevant Debentures in full, together with any and all accrued Interest outstanding and payable under such Debentures to (and including) the Early Redemption Date (as applicable) and pay the Early Redemption Fee.
14.4 The Issuer shall not be redeemed and the applicable Redemption Premium. The “Redemption Amount” shall be equal entitled to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 Business Days to elect to convert redeem all or any portion of Convertible the Debentures. On the 6th Business Day after the Redemption Notice, the Company shall deliver to the Holder the Redemption Amount with nor any Principal in respect to the Principal amount redeemed after giving effect to conversions effected during the 5 Business Day periodthereof, save as expressly provided in this clause 14.
Appears in 1 contract
Samples: Debenture Deed
Early Redemption. The Company shall have the right, but not the obligation, to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock is less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 Business Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise an Optional Redemption. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance of the Convertible Debentures to be redeemed and the applicable Redemption Premium. The “Redemption Amount” shall be equal to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 Business Days to elect to convert all or any portion of Convertible Debentures. On the 6th Business 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 effected during the 5 Business Day period.
Appears in 1 contract
Early Redemption. The Company 14.1 Subject to clause 14.3, the Issuer shall:
14.1.1 at its election, promptly following a Change of Control;
14.1.2 shall have immediately following the rightpromulgation of an Adverse Tax or Regulatory Requirement; and
14.1.3 shall immediately following the identification of any Affected Person, but redeem all of the Debentures or, in the case of the Debentures held by an Affected Person (in each case an “Early Redemption”), redeem the Debentures held by such Affected Person, by issue of an irrevocable notice to the Agent (who shall, in turn, promptly notify the Holders via the Abundance Service), giving not less than 20 Business Days’ notice of its intention to effect such redemption (a “Notice of Redemption”). Each Notice of Redemption will specify the obligationlast Business Day of the Interest Period ending on or following the expiration of the 20 Business Days’ notice period as the date on which such redemption will take place (such date being the “Early Redemption Date”).
14.2 Subject to clause 14.3, the Issuer shall be entitled to redeem (“Optional Redemption”) early a portion or all amounts outstanding under this Debenture as described in this Section; provided that (i) the trading price of the Common Stock is Debentures in full on or after the Early Redemption Option Date by the issue of a Notice of Redemption giving not less than the Fixed Conversion Price and (ii) the Company provides the Holder with at least 5 20 Business Days’ prior written notice (each, a “Redemption Notice”) of its desire to exercise an Optional Redemption. Each Redemption Notice shall be irrevocable and shall specify the outstanding balance intention effect such redemption of all of the Convertible Debentures on, and specifying, the Early Redemption Date.
14.3 On each Early Redemption Date, the Issuer shall redeem and repay all Principal outstanding under the relevant Debentures in full, together with any and all accrued Interest outstanding and payable under such Debentures to (and including) the Early Redemption Date (as applicable) and pay the Early Redemption Fee.
14.4 The Issuer shall not be redeemed and the applicable Redemption Premium. The “Redemption Amount” shall be equal entitled to the outstanding Principal balance being redeemed by the Company, plus the applicable Redemption Premium, plus all accrued and unpaid interest. After receipt of the Redemption Notice, the Holder shall have 5 Business Days to elect to convert redeem all or any portion of Convertible Debentures. On the 6th Business Day after Debentures before the Redemption NoticeMaturity Date, the Company shall deliver to the Holder the Redemption Amount with nor any Principal in respect to the Principal amount redeemed after giving effect to conversions effected during the 5 Business Day periodthereof, save as expressly provided in this clause 14.
Appears in 1 contract
Samples: Debenture Deed