Final Change of Control Notice. On the Change of Control Effective Date (or, if later, promptly after the Corporation discovers that the Change of Control has occurred), the Corporation shall deliver to each Holder a written notice setting forth:
(i) the date, which shall be no earlier than the 20th Business Day after the Change of Control Effective Date (or, if later, the date of delivery of such notice), by which the Change of Control Sale option must be exercised;
(ii) the amount of cash payable per share of Preferred Stock in accordance with Section 8(a) and the purchase date for such shares, which shall be no greater than 10 Business Days following the expiration of the twenty (20) Business Day period referred to in Section 8(a) (which purchase date will be the effective date of such Change of Control Sale if such option is exercised); and
(iii) the instructions (which shall be reasonable and consistent with this Section 8) a Holder must follow to exercise its Change of Control Sale option in connection with such Change of Control.
Final Change of Control Notice. On the Change of Control Effective Date, a final written notice shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company. Such notice shall contain:
Final Change of Control Notice. Within ten (10) days following the effective date of the Change of Control (the “Change of Control Effective Date”) (or, if later, promptly after the Company discovers that the Change of Control has occurred), the Company shall deliver to each Holder a written notice setting forth:
(i) the date, which shall be no earlier than the twentieth (20th) Business Day after the Change of Control Effective Date (or, if later, the date of delivery of such notice), by which the Change of Control Put must be exercised;
(ii) the amount of cash or other consideration payable per share of Series A Preferred Stock, if such Holder elects to exercise a Change of Control Put;
(iii) a description of the payments and other actions required to be made or taken in order to effect the Satisfaction of Indebtedness Obligations;
(iv) the purchase date for such shares (which shall be no later than sixty (60) days from the date such notice is delivered); and
(v) the instructions a Holder must follow to exercise its Change of Control Put in connection with such Change of Control.
Final Change of Control Notice. Within ten (10) Business Days following the effective date of the Change of Control (such effective date, the "Change of Control Effective Date") (or, if later, promptly after the Corporation discovers that the Change of Control has occurred), the Corporation shall deliver to each Holder a written notice setting forth:
(i) the date, which shall be no earlier than the 20th Business Day after the Change of Control Effective Date (or, if later, the date of delivery of such notice), by which the Change of Control Redemption Offer must be accepted;
(ii) the amount of cash or other consideration payable per Share of Series B-1 Convertible Preferred Stock, if such Holder elects to accept the Change of Control Redemption Offer;
(iii) the purchase date for such Shares (which shall be no later than sixty (60) days from the date such notice is delivered); and
(iv) the instructions a Holder must follow to accept the Change of Control Redemption Offer in connection with such Change of Control.
Final Change of Control Notice. Within ten days prior to the effective date of the Change of Control (the “Change of Control Effective Date”), a final written notice (the “Final Change of Control Notice”) shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company on the Business Day immediately prior to the date such notice is sent, which notice shall contain:
(i) a statement setting forth in reasonable detail the calculation of the Change of Control Put Price with respect to such Holder;
(ii) the Change of Control Purchase Date, which shall be no later than ten Business Days after such notice is sent; provided, that a reasonable amount of time shall be provided between delivery of such notice and the Change of Control Purchase Date to allow such Holder to comply with the instructions delivered pursuant to 9(c)(iii); and
(iii) the instructions that a Holder must follow to receive the Change of Control Put Price in connection with such Change of Control.
Final Change of Control Notice. Within two (2) days following the effective date of the Change of Control (the “Change of Control Effective Date”) (or if the Company discovers later than such date that a Change of Control has occurred, promptly following the date of such discovery), a final written notice shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company on such Change of Control Effective Date, which notice shall contain:
(i) a statement setting forth in reasonable detail the calculation of the Change of Control Put Price with respect to such Holder;
(ii) the purchase date for such shares, which shall be between 30 and 60 days after such notice is mailed; and
(iii) the instructions a Holder must follow to receive the Change of Control Put Price in connection with such Change of Control.
Final Change of Control Notice. On the Change of Control Effective Date, a final written notice shall be sent by or on behalf of the Company, in accordance with 10.4to the Holders as they appear in the records of the Company. Such notice shall contain:
(a) the date, which shall be no less than twenty (20) Business Days after the Change of Control Effective Date, by which the Optional Redemption Right must be exercised;
(b) the amount of cash payable per share of Series A Shares and the purchase date for such shares, which shall be no less than ten (10) and no greater than twenty (20) Business Days from the date by which the Optional Redemption Right must be exercised; and
(c) the instructions a Holder must follow to exercise its Optional Redemption Right in connection with such Change of Control.
Final Change of Control Notice. To the extent the Change of Control Call has not been previously exercised by the Company, if a Holder elects to exercise its rights pursuant to Section 9(a), within two (2) days following the Change of Control Effective Date (or if the Company discovers later than such date that a Change of Control has occurred, promptly following the date of such discovery), a final written notice shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company on such Change of Control Effective Date, which notice shall contain:
(i) a statement setting forth in reasonable detail the calculation of the Change of Control Price with respect to such Holder; and
(ii) the Change of Control Purchase Date, which shall be no later than ten (10) Business Days after such notice is sent; provided, that a reasonable amount of time shall be provided between delivery of such notice and the Change of Control Purchase Date to allow such Holder to comply with the instructions delivered pursuant to Section 9(d)(iii) below.
Final Change of Control Notice. On the Change of Control Effective Date (or if the Corporation discovers that a Change of Control has occurred, promptly following the date of such discovery), a final written notice (the “Final Change of Control Notice”) shall be sent by or on behalf of the Corporation, by overnight courier, to the Holders as they appear in the records of the Corporation. Such notice shall contain:
(i) the date, which shall be twenty (20) Business Days after the Final Change of Control Notice is sent to Holders, by which the Holder must elect to effect a Change of Control Exchange;
(ii) the amount of cash, securities or other property that such Holder would receive if such Holder elects to exchange a share of Series C Preferred Stock for the amount of cash, securities or other property that such Holder would have received if such share of Series C Preferred Stock were converted to shares of Common Stock immediately prior to the consummation of such Change of Control pursuant to Section 8(a);
(iii) the purchase or exchange date for such shares, which shall be no greater than twenty (20) Business Days from the date by which the Holder must elect to effect a Change of Control Exchange; and
(iv) the instructions a Holder must follow to effect a Change of Control Exchange in connection with such Change of Control.
Final Change of Control Notice. Within ten (10) days following the effective date of the Change of Control (the “Change of Control Effective Date”) (or if the Corporation discovers later than such date that a Change of Control has occurred, promptly following the date of such discovery), a final written notice shall be sent by or on behalf of the Corporation to the Holders as they appear in the records of the Corporation, which notice shall contain:
(i) the date by which the Holder must elect to exercise a Change of Control Put (which shall be no earlier than 30 days before the Change of Control Purchase Date) (the “Change of Control Put Deadline”);
(ii) the date by which the Holder must elect to exercise a Change of Control Conversion (which shall be no earlier than 30 days before the Change of Control Conversion Date) (the “Change of Control Conversion Deadline”);
(iii) a description of the payments and other actions required to be made or taken in order to effect the Satisfaction of the Indebtedness Obligations;
(iv) the Change of Control Purchase Date and the Change of Control Conversion Date for such shares (which shall be the later of (A) 61 days from the date such notice is mailed or (B) the day the Satisfaction of the Indebtedness Obligations has occurred); and
(v) the instructions a Holder must follow to exercise a Change of Control Put or Change of Control Conversion in connection with such Change of Control.
