Common use of Optional Redemption in Cash Clause in Contracts

Optional Redemption in Cash. The Companies may prepay this Note (“Optional Redemption”) by paying to the Holder a sum of money equal to one hundred percent (100%) of the Principal Amount outstanding at such time together with accrued but unpaid Cash Interest Amounts and PIK Interest Amounts and any and all other sums due, accrued or payable to the Holder arising under this Note, the Security Agreements or any Ancillary Agreement (the “Redemption Amount”) outstanding on the Redemption Payment Date (as defined below). The Companies shall deliver to the Holder a written notice of redemption (the “Notice of Redemption”) specifying the date for such Optional Redemption (the “Redemption Payment Date”), which date shall be within seven (7) business days after the date of the Notice of Redemption (the “Redemption Period”). On the Redemption Payment Date, the Redemption Amount must be paid in good funds to the Holder. In the event the Companies fail to pay the Redemption Amount on the Redemption Payment Date as set forth herein, then such Redemption Notice will be null and void. For purposes hereof, the term “Ancillary Agreement” means all documents, agreements, instruments, security agreements, mortgages and deeds of hypothecs executed by or on behalf of any Company to Holder, relating to this Note or to the transactions contemplated by this Note or otherwise relating to the relationship between or among any Company and Holder, as each of the same may be amended, supplemented, restated or otherwise modified from time to time.

Appears in 2 contracts

Samples: Secured Term Note (Thomas Equipment, Inc.), Secured Term Note (Thomas Equipment, Inc.)

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Optional Redemption in Cash. The Companies may prepay will have the option of prepaying this Note (“Optional Redemption”) by paying to the Holder a sum of money equal to (i) to the extent such prepayment occurs prior to the first anniversary of the Closing Date, one hundred twenty-five percent (100125%) and (ii) to the extent such prepayment occurs on or after the first anniversary of the Principal Amount outstanding at such time Closing Date but prior to the Maturity Date, one hundred twenty percent (120%), in each case, of the principal amount of this Note together with accrued but unpaid Cash Interest Amounts and PIK Interest Amounts interest thereon and any and all other sums due, accrued or payable to the Holder arising under this Note, the Security Agreements Agreement, or any other Ancillary Agreement (the “Redemption Amount”) outstanding on the Redemption Payment Date (as defined below). The Companies Company shall deliver to the Holder a written notice of redemption (the “Notice of Redemption”) specifying the date for such Optional Redemption (the “Redemption Payment Date”), which date shall be within seven no later than ten (710) business days after the date of the Notice of Redemption (the “Redemption Period”). On the Redemption Payment Date, the Redemption Amount (plus any additional interest and fees accruing on the Notes during the Redemption Period) must be irrevocably paid in good full in immediately available funds to the Holder. In the event the Companies fail to pay the Redemption Amount on the Redemption Payment Date as set forth hereinDate, then such Redemption Notice will shall be null and void. For purposes hereof, the term “Ancillary Agreement” means all documents, agreements, instruments, security agreements, mortgages and deeds of hypothecs executed by or on behalf of any Company to Holder, relating to this Note or to the transactions contemplated by this Note or otherwise relating to the relationship between or among any Company and Holder, as each of the same may be amended, supplemented, restated or otherwise modified from time to time.

Appears in 1 contract

Samples: Secured Non Convertible Term Note (Small World Kids Inc)

Optional Redemption in Cash. The Companies may prepay this Note at any time, in whole or in part, without penalty or premium. If within thirty six (“Optional Redemption”36) by paying to months of the Holder a sum date of money equal to one hundred percent (100%) issue of this Note, the Companies prepay in full the Principal Amount outstanding at such time together with accrued but unpaid Cash Interest Amounts and PIK Interest Amounts and any and all other sums due, accrued or payable to the Holder arising under this Note, the Security Agreements Agreement or any other Ancillary Agreement (collectively, the “Redemption Amount”) outstanding on ), upon receipt in full of the Redemption Payment Date (as defined below)Amount in good funds, the Holder will rebate to Companies $500,000. The Companies shall deliver to the Holder a written notice of redemption (the “Notice of Redemption”) specifying the date for such Optional Redemption (the “Redemption Payment Date”), which date shall be within seven ten (710) business days after the date of the Notice of Redemption (the “Redemption Period”). On the Redemption Payment Date, the Redemption Amount must be paid in good funds to the Holder. In the event the Companies fail to pay the Redemption Amount on the Redemption Payment Date as set forth herein, then such Redemption Notice will be null and void. For purposes hereofIn the event that the Redemption Amount is paid to the Holder within six (6) months of the date of issue of this Note, upon receipt in full of the Redemption Amount in good funds, the term “Ancillary Agreement” means all documents, agreements, instruments, security agreements, mortgages and deeds of hypothecs executed by or on behalf Holder will rebate to Companies fifty percent (50%) of any Company to Holder, relating to fees it received from the Companies on the date of issue of this Note or to the transactions contemplated by this Note or otherwise relating to the relationship between or among any Company and Holder, as each of the same may be amended, supplemented, restated or otherwise modified from time to timeNote.

Appears in 1 contract

Samples: Note (Sten Corp)

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Optional Redemption in Cash. The Companies may prepay Company will have the option of prepaying this Note ("Optional Redemption") by paying to the Holder a sum of money equal to one hundred percent the Prepayment Premium (100%as hereinafter defined) of the Principal Amount outstanding at such time together with accrued but unpaid Cash Interest Amounts and PIK Interest Amounts interest thereon to the Redemption Payment Date (as hereinafter defined) and any and all other sums unpaid amounts then due, accrued accrued, payable or payable owing to the Holder arising under this Note, the Security Agreements and Purchase Agreement or any Ancillary Agreement (the "Redemption Amount”) outstanding on the Redemption Payment Date (as defined below"). The Companies "Prepayment Premium" for the period commencing on the date hereof up to and including the Maturity Date, shall be equal to one hundred and thirty percent (130%) of the Principal Amount. The Company shall deliver to the Holder a written notice of redemption (the "Notice of Redemption") specifying the date for such Optional Redemption (the "Redemption Payment Date"), which date shall be within seven ten (710) business days after the date of the Notice of Redemption (the "Redemption Period"). On the Redemption Payment Date, the Redemption Amount must be paid in good funds to the Holder. In the event the Companies fail Company fails to pay the Redemption Amount on the Redemption Payment Date as set forth herein, then such Redemption Notice will be null and void. For purposes hereof, the term “Ancillary Agreement” means all documents, agreements, instruments, security agreements, mortgages and deeds of hypothecs executed by or on behalf of any Company to Holder, relating to this Note or to the transactions contemplated by this Note or otherwise relating to the relationship between or among any Company and Holder, as each of the same may be amended, supplemented, restated or otherwise modified from time to time.

Appears in 1 contract

Samples: Secured Revolving Note (Essential Innovations Technology Corp)

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