Mechanics of Redemption. The Company shall effect each such redemption within 10 business days of giving notice of its election to redeem by facsimile with a copy by either overnight or 2-day courier to the Holder of this Convertible Debenture to be redeemed at the address and facsimile number of such Holder appearing in the Company's register for the Convertible Debentures. Such redemption notice shall indicate whether the Company will redeem all or part of such portion of the Convertible Debenture to be redeemed and the applicable Redemption Price. The Company shall not be entitled to send any notice of redemption and begin the redemption procedure unless it has (i) the full amount of the Redemption Price, in cash, available in a demand or other immediately available account in a bank or similar financial institution or (ii) immediately available credit facilities, in the full amount of the Redemption Price, with a bank or similar financial institution on the date the redemption notice is sent to the Holders of this Convertible Debenture. Provided, however, the Company will process any Notice of Conversion received prior to the issuance of a notice of redemption; and further provided that, after a notice of redemption has been issued, the Holder may issue a Notice of Conversion which will not be honored unless the Company fails to make the redemption payment when due. In the event of such failure, the Notice of Conversion will be honored as of the date of the Notice of Conversion. Additionally, if the Company fails to make full payments of the Redemption Price of this Convertible Debenture being redeemed by the tenth day following the notice or redemption, then the Company waives its right to redeem any of the remaining then outstanding Debentures, unless approved by the Holder.
Mechanics of Redemption. If the Corporation elects to redeem any of the Holders’ Series A Preferred Stock then outstanding, it shall do so by delivering written notice thereof via facsimile and overnight courier (“Notice of Redemption at Option of Corporation”) to each Holder, which Notice of Redemption at Option of Corporation shall indicate (A) the number of shares of Series A Preferred Stock that the Corporation is electing to redeem and (B) the Corporation Redemption Price (plus the premium for early redemption pursuant to Section 6(b) if applicable).
Mechanics of Redemption. If the Company elects to redeem any of Series A1 Preference Shares then outstanding, it will deliver written notice thereof via facsimile and overnight courier (“Notice of Redemption at Option of Company”) to each holder of Series A-1 Preference Shares, which Notice of Redemption at Option of Company will indicate (a) the number of Series A-1 Preference Shares that the Company is electing to redeem and (b) the applicable Series A-1 Liquidation Value.
Mechanics of Redemption. The Company shall effect each such redemption within seven business days of receiving a notice to redeem by facsimile with a copy by either overnight or 2-day courier from the Holder of this Convertible Note. Such redemption notice shall indicate whether the Company is required to redeem all or part of such portion of the Convertible Note and the applicable Redemption Price.
Mechanics of Redemption. Thirty (30) days prior to any date stipulated by the Company for the redemption of the Warrants (the "Redemption Date"), a written notice (the "Redemption Notice") shall be mailed to each Holder of record. The Redemption Notice shall state: (a) the Redemption Date of the Warrants, (b) the number of Warrants to be redeemed from the Holder to whom the redemption notice is addressed, (c) instructions for surrender to the Company in the manner and at the place designated of the Warrant Certificate or Certificates representing the Warrants to be redeemed from such Holder, and (d) as to how to specify to the Company the number of Warrants to be exercised into Warrant Shares, as provided in Sections 1 and 10.2 hereof.
Mechanics of Redemption. In order to redeem all or any portion of the Warrant then outstanding, the Company must deliver written notice (each, a “Redemption Notice”) to Investor setting forth (a) the portion of this Warrant that the Company is redeeming, (b) the applicable Premium Rate, Liquidation Value and Early Redemption Price, and (c) the calculation of the amount paid. In connection with a mandatory redemption, the notice will be delivered as soon as the number of shares can be determined, and in all other instances at least 30 Trading Days prior to payment. For the avoidance of doubt, the delivery of a Redemption Notice will not affect Investor’s rights under Section I.G until after receipt of cash payment by Investor at the required time.
Mechanics of Redemption. The Company shall exercise its right to redeem by delivering its Redemption Notice by facsimile and overnight courier to each Registered Owner (such date that the Redemption Notice is given on the "Redemption Notice Date"). Such Redemption Notice shall indicate (A) the Redemption Price, (B) each Registered Owner's pro rata allocation of such maximum amount, and (C) a confirmation of the date that the Company shall effect the redemption (the "Redemption Date"). The Redemption Date shall be not less than ten (10) Business Days and not more than sixty (60) calendar days after the Redemption Notice Date. Notwithstanding anything in this Section 7(c), the Company shall convert any Warrant pursuant to Section 5 if the Warrant Exercise Form for a Warrant submitted for exercise is (i) received by the Company, together with the Exercise Price in cash and the Warrant, before the Redemption Date, (ii) for an Exercise Price greater than or equal to the Redemption Price (appropriately adjusted in accordance with the terms hereof) and (iii) in excess of such Registered Owner's pro rata allocation of the maximum Redemption Price indicated in its Redemption Notice.
Mechanics of Redemption. To exercise such rights hereunder, the Holder shall deliver to the Company written notice (a “Put Notice”) indicating the number of shares of Common Stock to be included in such purchase and redemption. The closing of such purchase and redemption shall take place on or before the thirtieth (30th) day following the date of the Put Notice (the “Put Closing Date”). At such closing, (i) the Company shall pay the Put Price Per Share (less, that portion, if any, of the Exercise Price not previously paid with respect to such shares) for all Common Shares being purchased and redeemed in immediately available funds, (ii) the Holder shall surrender to the Company this Warrant and/or stock certificates representing the appropriate number of shares being purchased and redeemed, (iii) each surrendered Warrant and/or stock certificate shall be canceled, and (iv) new Warrants and/or stock certificates, as applicable, shall be issued to the Holder representing all remaining unredeemed shares. If, for any reason, on or before the Put Closing Date, the Company fails to purchase and redeem, and pay in full the Put Price Per Share for, all shares requested in the Put Notice to be purchased and redeemed, interest on the unpaid amount shall accrue at a simple rate of twelve percent (12%) per annum, retroactive to the Put Closing Date, until paid in full. This Section 8 shall survive the exercise of this Warrant until the Holder no longer holds any shares of Common Stock issuable upon the exercise hereof.
Mechanics of Redemption. The Corporation will deliver written notice of redemption via facsimile and overnight courier (“Notice of Redemption”) to each Holder, which Notice of Redemption will indicate (a) the number of shares of Series G Preferred Stock being redeemed and (b) the applicable Redemption Price.
Mechanics of Redemption. (i) Upon surrender in accordance with the aforesaid notice of the certificate for any shares so redeemed (duly endorsed or accompanied by appropriate instruments of transfer), the holders of record of such shares shall be entitled to receive an amount of cash constituting the Call Price plus Full Cumulative Dividends thereon, without interest.
(ii) The Corporation's obligation to provide funds upon redemption in accordance with this Section 4 shall be deemed fulfilled if, on or before a redemption date, the Corporation shall deposit with a bank or trust company, or an affiliate of a bank or trust company, having an office or agency in New York, New York and having a capital and surplus of at least $50,000,000 according to its last published statement of condition, or shall set aside or make other reasonable provision for the payment of cash required to be delivered by the Corporation pursuant to this Section 4 upon the occurrence of the related redemption of Series D Preferred Stock and for cash required to pay Full Cumulative Dividends and cash in lieu of fractional shares on the shares of Series D Preferred Stock to be redeemed as required by this Section 4, in trust for the account of the holders of such shares of Series D Preferred Stock to be redeemed (and so as to be and continue to be available therefor), with (in the case of deposits with a bank or trust company) irrevocable instructions and authority to such bank or trust company that such funds be delivered upon redemption of the shares of Series D Preferred Stock so called for redemption. If such notice of redemption shall have been given, and if on the date fixed for redemption funds necessary for the redemption shall have been irrevocably either set aside by the Company separate and apart from its other funds or assets in trust for the account of the holders of the shares of Series D Preferred Stock to be redeemed (and so as to be and continue to be available therefor) or the Company shall have made other reasonable provision therefor, then, notwithstanding that the certificates evidencing any shares of the Series D Preferred Stock so called for redemption shall not have been surrendered, the shares represented thereby shall be deemed no longer outstanding, dividends with respect to such shares shall cease to accrue on the date fixed for redemption (provided that holders of shares of Series D Preferred Stock at the close of business on a record date for any payment of dividends shall be entitl...
