Common use of Holder Redemption Right Clause in Contracts

Holder Redemption Right. At any time during the period beginning after the Holder’s receipt of a Change of Control Notice and ending on the date of the consummation of such Change of Control (or, in the event a Change of Control Notice is not delivered at least ten (10) days prior to a Change of Control, at any time on or after the date which is ten (10) days prior to a Change of Control and ending ten (10) days after the consummation of such Change of Control), the Holder may require the Corporation to redeem all or any portion of this Note by delivering written notice thereof (“Change of Control Redemption Notice”) to the Corporation, which Change of Control Redemption Notice shall indicate the Conversion Amount the Holder is electing to require the Corporation to redeem. The portion of this Note subject to redemption pursuant to this Section 3(f)(iv) shall be redeemed by the Corporation at a price equal to 120% of the greater of (i) the product of (x) the Conversion Amount being redeemed and (y) the quotient determined by dividing (A) the Closing Sale Price of the Common Stock, or in the absence of a Closing Sale Price, the Closing Bid Price, on the Trading Day immediately preceding consummation of such Change of Control by (B) the Conversion Price and (ii) the Conversion Amount being redeemed (the “Change of Control Redemption Price”). Redemptions required by this Section 3(f)(iv) shall be made in accordance with the provisions of Section 6 and, to the extent permitted by applicable Law, shall have priority to payments by the Corporation or the Acquiring Entity, as applicable, to the shareholders of the Corporation in connection with a Change of Control. Notwithstanding anything to the contrary in this Section 3, until the Change of Control Redemption Price is paid in full, the Conversion Amount submitted for redemption under this Section 3(f)(iv) may be converted, in whole or in part, by the Holder into Common Stock pursuant to Section 3.

Holder Redemption Right. No sooner than fifteen (15) Business Days nor later than ten (10) Business Days prior to the consummation of a Change of Control, but not prior to the public announcement of such Change of Control, the Company shall deliver written notice thereof via facsimile and overnight courier to the Holder (a “Change of Control Notice”). At any time during the period beginning after the Holder’s receipt of a Change of Control Notice and ending on the date of the consummation of such Change of Control (or, in the event a Change of Control Notice is not delivered at least ten (10) days Business Days prior to a consummation of such Change of Control, at any time on or after the date which is ten (10) days Business Days prior to a Change of Control and ending ten (10) days Business Days after the consummation of such Change of Control), the Holder may require the Corporation Company to redeem all or any portion of this Note by delivering written notice thereof (“Holder Change of Control Redemption Notice”) to the CorporationCompany, which Holder Change of Control Redemption Notice shall indicate the Conversion Amount the Holder is electing to require the Corporation to redeem. The portion of this Note subject to redemption pursuant to this Section 3(f)(iv) 5 shall be redeemed by the Corporation Company at a price equal to 120101% of the greater of (i) the product of (x) the Conversion Amount being redeemed and (y) the quotient determined by dividing (A) the Closing Sale Price of the Common Stock, or in the absence of a Closing Sale Price, the Closing Bid Price, on the Trading Day immediately preceding consummation of such Change of Control by (B) the Conversion Price and (ii) the Conversion Amount being redeemed (the “Holder Change of Control Redemption Price”). Redemptions required by this Section 3(f)(iv5(b) shall be made in accordance with the provisions of Section 6 and, to the extent permitted by applicable Law, 10 and shall have priority to payments by the Corporation or the Acquiring Entity, as applicable, to the shareholders of the Corporation stockholders in connection with a Change of Control. Notwithstanding anything to the contrary in this Section 35(b), but subject to Sections 2(g), until the Holder Change of Control Redemption Price (together with any interest thereon) is paid in full, the Conversion Amount submitted for redemption under this Section 3(f)(iv5(b) (together with any interest thereon) may be converted, in whole or in part, by the Holder into Company Common Stock pursuant to Section 32.

Holder Redemption Right. At any time during Upon written notice from the period beginning after Sellers to the Holder’s receipt Holder of an Asset Sale (a Change "Sale of Control Notice Asset Notice" and ending on the date such notice is deemed delivered hereunder, the "Sale of the consummation of such Change of Control (or, in the event a Change of Control Asset Notice is not delivered at least ten (10) days prior to a Change of Control, at any time on or after the date which is ten (10) days prior to a Change of Control and ending ten (10) days after the consummation of such Change of ControlDate"), the Holder may require shall have the Corporation right to deliver a written notice to the Company (a "Holder Redemption Notice" and the date such notice is deemed delivered hereunder, the "Holder Redemption Notice Date") of its irrevocable election to cause the Sellers use 100% of the proceeds of such sale to redeem all or any portion part of the then outstanding principal amount of this Note by delivering written notice thereof (“Change of Control Redemption Notice”) to the CorporationDebenture for an amount, which Change of Control Redemption Notice shall indicate the Conversion Amount the Holder is electing to require the Corporation to redeem. The portion of this Note subject to redemption pursuant to this Section 3(f)(iv) shall be redeemed by the Corporation at a price in cash, equal to 120% of the greater of (i) the product principal amount of (x) the Conversion Amount being redeemed and (y) the quotient determined by dividing (A) the Closing Sale Price of the Common Stockthis Debenture then outstanding, or in the absence of a Closing Sale Price, the Closing Bid Price, on the Trading Day immediately preceding consummation of such Change of Control by (B) the Conversion Price and (ii) the Conversion Amount being redeemed accrued but unpaid interest and (iii) all liquidated damages and other amounts due in respect of this Debenture (the “Change of Control "Holder Redemption" and such amount the "Holder Redemption Price”Amount"). Redemptions required by this Section 3(f)(iv) shall The Sellers must give a Sale of Asset Notice within 5 Trading Days of each Asset Sale. The Holder Redemption Notice must be made delivered within 10 Trading Days after the Sale of Asset Notice Date. The Holder Redemption Amount is due and payable on, and contingent upon, the closing or occurrence of the sale. Notwithstanding anything herein to the contrary, the Sellers may elect to exclude up to, in accordance with the aggregate, $15,000 of Asset Sales in any calendar quarter from the provisions of Section 6 and, to the extent permitted by applicable Law, shall have priority to payments by the Corporation or the Acquiring Entity, as applicable, to the shareholders of the Corporation in connection with a Change of Control. Notwithstanding anything to the contrary in this Section 3, until the Change of Control Redemption Price is paid in full, the Conversion Amount submitted for redemption under this Section 3(f)(iv) may be converted, in whole or in part, by the Holder into Common Stock pursuant to Section 36(c).

Holder Redemption Right. At (a) Beginning on the second (2nd) anniversary of the issuance of the Series A Preferred Units (“Holder Redemption Right Date”), the holders of Series A Preferred Units will have the option to require the Partnership to redeem, subject and pursuant to the redemption procedures of the Partnership Agreement, applied and interpreted as if such Series A Preferred Units were Common Units subject to redemption, mutatis mutandis and as modified herein, all or a portion of its Series A Preferred Units for a Cash Amount (within the meaning of the Partnership Agreement) equal to $5.15 per Series A Preferred Unit (as equitably adjusted in the General Partner’s discretion for any time during split, reverse split, dividend or similar recapitalization event ) plus (subject to Section 5(b) hereof) an amount equal to all dividends accrued and unpaid (whether or not authorized or declared) thereon, to, but not including, the period beginning after date fixed for redemption, without interest, in which event such amount as may be adjusted shall be deemed to be the Holder’s “Cash Amount” for purposes of the Partnership Agreement; provided however, that upon the receipt of a Change Notice of Control Notice and ending on Redemption (within the date meaning of the consummation of such Change of Control (or, in the event a Change of Control Notice is not delivered at least ten (10) days prior to a Change of Control, at any time on or after the date which is ten (10) days prior to a Change of Control and ending ten (10) days after the consummation of such Change of ControlPartnership Agreement), the Holder Partnership may require (with the Corporation to redeem all or any portion prior written consent of this Note by delivering written notice thereof the holder of the Series A Preferred Units being redeemed) cause the Redemption Amount (“Change within the meaning of Control Redemption Notice”the Partnership Agreement) to be satisfied with the Corporationissuance of a number of REIT Shares (within the meaning of the Partnership Agreement) equal to the number of Series A Preferred Units being redeemed multiplied by 1.03 (as equitably adjusted in the General Partner’s discretion for any split, which Change reverse split, dividend or similar recapitalization event) (such number of Control Redemption Notice REIT Shares shall indicate be the Conversion Amount “REIT Shares Amount” for purposes of the Holder is electing to require the Corporation to redeem. The portion of this Note Partnership Agreement) plus (subject to Section 5(b) hereof) an amount equal to all dividends accrued and unpaid (whether or not authorized or declared) thereon, to, but not including, the date fixed for redemption, without interest. Unless expressly stated otherwise herein, the redemption procedures and limitations of the Partnership Agreement shall govern any redemption of Series A Preferred Units pursuant to this Section 3(f)(iv) shall be redeemed by the Corporation at a price equal to 120% of the greater of (i) the product of (x) the Conversion Amount being redeemed 6, applied and (y) the quotient determined by dividing (A) the Closing Sale Price of the interpreted as if such Series A Preferred Units were Common Stock, or in the absence of a Closing Sale Price, the Closing Bid Price, on the Trading Day immediately preceding consummation of such Change of Control by (B) the Conversion Price and (ii) the Conversion Amount being redeemed (the “Change of Control Redemption Price”)Units. Redemptions required by All calculations under this Section 3(f)(iv) 6 shall be made in accordance with the provisions of Section 6 and, by rounding to the extent permitted by applicable Law, shall have priority to payments by the Corporation nearest cent or the Acquiring Entitynearest 1/100th of a share, as applicable, to the shareholders of the Corporation in connection with a Change of Control. Notwithstanding anything to the contrary in this Section 3, until the Change of Control Redemption Price is paid in full, the Conversion Amount submitted for redemption under this Section 3(f)(iv) may be converted, in whole or in part, by the Holder into Common Stock pursuant to Section 3.