Common use of Notice of Call Clause in Contracts

Notice of Call. The right of the Company to call any Convertible Notes pursuant to Section 12.1 shall be conditioned upon its giving notice of such call (the "Call Notice"), by personal delivery, overnight courier, certified mail or by facsimile, signed by an authorized officer, to the holders of Convertible Notes, not less than fifteen (15) Business Days prior to the date upon which the call is to be made (the "Call Date"). The Call Notice shall specify (i) the aggregate principal amount of the Convertible Notes to be called, (ii) the date of such call, and (iii) the accrued and unpaid interest thereon (to, but not including, the Call Date). Within ten (10) Business Days after receipt of the Call Notice by the holder of a Convertible Note, such holder shall notify the Company, by personal delivery, overnight courier, certified mail or by facsimile, signed by the holder, of the Holders Option, pursuant to which the holder shall direct whether he wishes the Convertible Notes to be converted or redeemed, pursuant to Section 12.1 hereof (in the event that a holder fails to respond to the Call Notice or fails to respond within the time period or via the means set forth herein, the Holders Option shall become void and of no further effect and the Company shall be entitled to redeem the Convertible Notes as provided in Section 12.1 or 12.2, as the case may be).

Notice of Call. The right of the Company to call any Convertible Notes Debentures pursuant to Section 12.1 shall be conditioned upon its giving notice of such call (the "Call Notice"), by personal delivery, overnight courier, certified mail or by facsimile, signed by an authorized officer, to the holders of Convertible NotesDebentures, not less than fifteen (15) Business Days prior to the date upon which the call is to be made (the "Call Date"). The Call Notice shall specify (i) the aggregate principal amount of the Convertible Notes Debentures to be called, (ii) the date of such call, and (iii) the accrued and unpaid interest thereon (to, but not including, the Call Date). Within ten (10) Business Days after receipt of the Call Notice by the holder of a Convertible NoteDebenture, such holder shall notify the Company, by personal delivery, overnight courier, certified mail or by facsimile, signed by the holder, of the Holders Holder's Option, pursuant to which the holder shall direct whether he the holder wishes the Convertible Notes Debentures to be converted or redeemed, redeemed pursuant to Section 12.1 hereof (in the event that a holder fails to respond to the Call Notice or fails to respond within the time period or via the means set forth herein, the Holders Option shall become void and of no further effect and the Company shall be entitled to redeem the Convertible Notes Debentures as provided in Section 12.1 or 12.2, as the case may be).

Notice of Call. The right of the Company to call any Convertible Notes pursuant to Section 12.1 13.1 shall be conditioned upon its giving notice of such call (the "Call Notice"), by personal delivery, overnight courier, certified mail or by facsimile, signed by an authorized officer, to the holders of Convertible Notes, not less than fifteen (15) Business Days prior to the date upon which the call is to be made (the "Call Date"). The Call Notice shall specify (i) the aggregate principal amount of the Convertible Notes to be calledcalled and the manner in which such Notes are called (i.e., repurchase and redemption, or conversion into Shares), (ii) the date of such callCall Date, and (iii) the accrued and unpaid interest thereon (to, but not including, the Call Date). Within ten (10) Business Days after receipt of the Call Notice by the holder Holder of a Convertible Note, such holder Holder shall notify the Company, by personal delivery, overnight courier, certified mail or by facsimile, signed by the holderHolder, of if it opts to exercise the Holders OptionHolder's Election, pursuant to which the holder shall direct whether he wishes the Convertible Notes to be converted or redeemed, pursuant to Section 12.1 hereof (in the event that a holder Holder fails to respond to the Call Notice or fails to respond within the time period or via the means set forth herein, the Holders Option Holder's Election shall become void and of no further effect and the Company shall be entitled to redeem call the Convertible Notes as provided set forth in Section 12.1 or 12.2, as the case may beCall Notice).