Note Prepayment. The notes in the principal amount of $40 million issued by the Company to American High Income Trust and American Funds Insurance Series, High Income Bond Fund shall have been prepaid in full, together with any accrued interest thereon and applicable prepayment premiums and penalties in respect thereof.
Note Prepayment. On a mutually agreed date within two business days of the date of this Agreement, the Company shall prepay a portion of the outstanding principal amount of the Original Note by issuing and delivering to Sanofi-Aventis 700,000 unrestricted shares (the “Unrestricted Shares”) of the Company’s common stock, and shall deliver to its transfer agent instructions, in form and substance reasonably satisfactory to both parties, to cause such issuance and delivery.
Note Prepayment. Any time prior to the maturity of the Note, SGP Holdings may prepay without penalty all obligations then outstanding under the Note and, if such prepayment is made prior to the expiration of the Warrant Grace Period and before the occurrence of a Default Date, the Purchase Price Warrants will be deemed canceled.
Note Prepayment. To the extent the Company has not received a notice of conversion from any of the holders of the Notes by February 10, 2004, the Company shall provide notice to such holders on or before February 10, 2004, that the Company intends to prepay the outstanding balance of such Notes in accordance with their terms in cash on February 17, 2004. Successors and Assigns. The terms and conditions of this Agreement will inure to the benefit of and be binding upon the respective successors and permitted assigns of the parties. The Company shall not assign this Agreement or any rights or obligations hereunder without the prior written consent of the Purchasers holding at least a majority of the total aggregate number of Purchased Shares and Underlying Shares then outstanding (excluding any shares sold to the public pursuant to Rule 144 or otherwise). Any Purchaser may assign its rights under this Agreement to any person to whom the Purchaser assigns or transfers any Purchased Securities, provided that such transferee agrees in writing to be bound by the terms and provisions of this Agreement, and such transfer is in compliance with the terms and provisions of this Agreement and permitted by federal and state securities laws.
Note Prepayment. Notwithstanding anything to the contrary, express or implied, contained in this Agreement, the Purchased Securities or the other documents and instruments to be delivered by the Company on the Initial Closing Date, the parties hereto expressly acknowledge and agree that:
Note Prepayment. The Buyer may pay-off the balance owed on the Promissory Note, as listed in Paragraph 4 above, early, without a prepayment penalty.
Note Prepayment. Executive shall, at the time of receipt of same, pay --------------- to Employer as payment on the Master Note (but not on the 1999 Note) to the extent such Master Note is unpaid, twenty-five percent (25%) of the after tax Incentive Compensation and a total of fifty percent (50%) of any after tax gain received as the result of the exercise and sale of any Stock Options provided to Executive under the 1999 Option Agreement, the 2000 Option Agreement or the New Option Agreement. For purposes of this paragraph, Executive will be deemed to pay federal income taxes at the highest marginal rate of federal taxation in the applicable calendar year and state and local taxes at the highest marginal rates of taxation in the state and locality where taxes thereon are lawfully due, net of the maximum reduction (if any) in federal income taxes that could be obtained from deduction of deductible state and local taxes.
