Payment of Mandatory Redemption Price. (i) The Corporation shall pay the Mandatory Redemption Price to the Holder exercising its right to redemption on the later to occur of (i) the fifth (5th) Business Day following the Mandatory Redemption Date and (ii) the date on which the Preferred Shares being redeemed are delivered by the Purchaser to the Corporation for cancellation (the "Mandatory Redemption Payment Date"). --------------------------------- (ii) If Corporation fails to pay the Mandatory Redemption Price to the Holder on or before the Mandatory Redemption Date, the Holder shall be entitled to interest thereon, from and after the Mandatory Redemption Payment Date until the Mandatory Redemption Price has been paid in full, at an annual rate equal to the Default Interest Rate. (iii) If the Corporation fails to pay the Mandatory Redemption Price within ten (10) Business Days of the Mandatory Redemption Date, then the Holder shall have the right to regain its rights as a Holder of the Series B-2 Preferred Stock and, upon written notice to such effect from the Holder, the Corporation shall return to such Holder the certificates representing the Preferred Shares that were delivered to the Corporation in connection with such Mandatory Redemption; in such event, the Conversion Price otherwise applicable to future Conversions of the Preferred Shares shall be reduced by one percent (1%) for each day beyond such 10th Business Day in which the failure to pay the Mandatory Redemption Price continued until the date of such notice; provided, however, that the maximum percentage by which such Conversion Price may be reduced hereunder shall be fifty percent (50%).
Appears in 2 contracts
Samples: Exchange Agreement (Webb Interactive Services Inc), Exchange Agreement (Webb Interactive Services Inc)
Payment of Mandatory Redemption Price. (i) The Corporation shall pay the Mandatory Redemption Price to the Holder exercising its right to redemption on the later to occur of within five (i) the fifth (5th5) Business Day following Days of the Mandatory Redemption Date Date. In the event that the Corporation redeems the entire remaining unpaid principal amount of this Debenture, and (ii) pays to the date on which Holder all Interest accrued thereon and all other amounts due in connection therewith, the Preferred Shares being redeemed are delivered by the Purchaser Holder shall return this Debenture to the Corporation for cancellation (the "Mandatory Redemption Payment Date"). ---------------------------------cancellation.
(ii) If the Corporation fails to pay the Mandatory Redemption Price to the Holder on or before within five (5) Business Days of the Mandatory Redemption Date, the Holder shall be entitled to interest thereon, thereon at the Default Interest Rate from and after the Mandatory Redemption Payment Date until the date on which Mandatory Redemption Price has been paid in full, at an annual rate equal to the Default Interest Rate.
(iii) If Notwithstanding the foregoing, if, prior to the payment of the Corporation fails to pay of the Mandatory Redemption Price within ten (10) Business Days of pursuant to any Mandatory Redemption Notice, the Corporation receives written notice from the Holder rescinding such Mandatory Redemption Notice, such Mandatory Redemption Notice shall immediately thereafter be deemed revoked and the Corporation shall not effect the Mandatory Redemption Date, then the Holder shall have the right to regain its rights as a Holder of the Series B-2 Preferred Stock and, upon written notice to such effect from the Holder, the Corporation shall return to such Holder the certificates representing the Preferred Shares that were delivered to the Corporation in connection with contemplated by such Mandatory Redemption; in such event, the Conversion Price otherwise applicable to future Conversions of the Preferred Shares shall be reduced by one percent (1%) for each day beyond such 10th Business Day in which the failure to pay the Mandatory Redemption Price continued until the date of such notice; provided, however, that the maximum percentage by which such Conversion Price may be reduced hereunder shall be fifty percent (50%)Notice.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Siemens Aktiengesellschaft/Adr), Securities Purchase Agreement (Ramtron International Corp)
Payment of Mandatory Redemption Price. (i) The Corporation shall pay the Mandatory Redemption Price to the Holder exercising its right to redemption on the later to occur of within five (i) the fifth (5th5) Business Day Days following the Mandatory Redemption Date Date. Upon the redemption of a Series C Preferred Share, and (ii) payment of the date on which Mandatory Redemption Price to the Preferred Shares being redeemed are delivered by the Purchaser Holder thereof, such Holder will promptly return such share to the Corporation for cancellation (the "Mandatory Redemption Payment Date"). ---------------------------------cancellation.
(ii) If Corporation fails to pay the Mandatory Redemption Price to the Holder on or before within five (5) Business Days of the Mandatory Redemption Date, the Holder shall be entitled to interest thereon, from and after the Mandatory Redemption Payment Date until the Mandatory Redemption Price has been paid in full, at an annual rate equal to the Default Interest Rate.
(iii) If the Corporation fails to pay the Mandatory Redemption Price within ten (10) Business Days of the Mandatory Redemption Date, then the Holder shall have the right at any time, so long as the Corporation remains in default, to regain its rights as a Holder of require the Series B-2 Preferred Stock andCorporation, upon written notice notice, to such effect from immediately issue, in lieu of the HolderMandatory Redemption Price, the number of shares of Common Stock of the Corporation shall return to such Holder the certificates representing the Preferred Shares that were delivered equal to the Corporation in connection with such Mandatory Redemption; in such event, Redemption Price divided by the Conversion Price otherwise applicable in effect on such Conversion Date as is specified by the Holder in writing to future Conversions of the Preferred Shares shall Corporation, such Conversion Price to be reduced by one percent (1%) for each day beyond such 10th Business Day in which the failure to pay the Mandatory Redemption Price continued until the date of such noticecontinues; provided, however, that the maximum percentage by which such Conversion Price may be reduced hereunder in the aggregate hereunder, and under subparagraph 3(f)(ii) above, shall be fifty percent (50%).
Appears in 1 contract
Payment of Mandatory Redemption Price. (i) The Corporation shall pay the Mandatory Redemption Price to the Holder exercising its right to redemption on the later to occur of (i) the fifth (5th) Business Day following the Mandatory Redemption Date and (ii) the date on which the Preferred Shares being redeemed are delivered by the Purchaser to the Corporation for cancellation (the "Mandatory Redemption Payment Date"). ---------------------------------
(ii) If Corporation fails to pay the Mandatory Redemption Price to the Holder on or before the Mandatory Redemption Date, the Holder shall be entitled to interest thereon, from and after the Mandatory Redemption Payment Date until the Mandatory Redemption Price has been paid in full, at an annual rate equal to the Default Interest Ratelower of twenty-four percent (24%) or the highest interest rate permitted by applicable law.
(iii) If the Corporation fails to pay the Mandatory Redemption Price within ten (10) Business Days of the Mandatory Redemption Date, then the Holder shall have the right to regain its rights as a Holder of the Series B-2 C-2 Preferred Stock and, upon written notice to such effect from the Holder, the Corporation shall return to such Holder the certificates representing the Preferred Shares that were delivered to the Corporation in connection with such Mandatory Redemption; in such event, the Conversion Price otherwise applicable to future Conversions of the Preferred Shares shall be reduced by one percent (1%) for each day beyond such 10th Business Day in which the failure to pay the Mandatory Redemption Price continued until the date of such notice; provided, however, that the maximum percentage by which such Conversion Price may be reduced hereunder shall be fifty percent (50%).
Appears in 1 contract
Samples: Securities Purchase Agreement (Webb Interactive Services Inc)
Payment of Mandatory Redemption Price. (i) The Corporation shall pay the Mandatory Redemption Price to the Holder exercising its right to redemption on the later to occur of (i) the fifth (5th) Business Day following the Mandatory Redemption Date and (ii) the date on which the Preferred Shares being redeemed are delivered by the Purchaser to the Corporation for cancellation (the "Mandatory Redemption Payment Date"). ---------------------------------.
(ii) If Corporation fails to pay the Mandatory Redemption Price to the Holder on or before the Mandatory Redemption Date, the Holder shall be entitled to interest thereon, from and after the Mandatory Redemption Payment Date until the Mandatory Redemption Price has been paid in full, at an annual rate equal to the Default Interest Rate.
(iii) If the Corporation fails to pay the Mandatory Redemption Price within ten (10) Business Days of the Mandatory Redemption Date, then the Holder shall have the right to regain its rights as a Holder of the Series B-2 B Preferred Stock and, upon written notice to such effect from the Holder, the Corporation shall return to such Holder the certificates representing the Preferred Shares that were delivered to the Corporation in connection with such Mandatory Redemption; in such event, the Conversion Price otherwise applicable to future Conversions of the Preferred Shares shall be reduced by one percent (1%) for each day beyond such 10th Business Day in which the failure to pay the Mandatory Redemption Price continued until the date of such notice; provided, however, that the maximum percentage by which such Conversion Price may be reduced hereunder shall be fifty percent (50%).
Appears in 1 contract
Samples: Securities Purchase Agreement (Webb Interactive Services Inc)
Payment of Mandatory Redemption Price. (i) The Corporation shall pay the Mandatory Redemption Price to the Holder exercising its right to redemption on the later to occur of (i) the fifth (5th) Business Day following the Mandatory Redemption Date and (ii) the date on which the Preferred Shares being redeemed are delivered by the Purchaser to the Corporation for cancellation (the "Mandatory Redemption Payment Date"). ---------------------------------
(ii) If Corporation fails to pay the Mandatory Redemption Price to the Holder on or before the Mandatory Redemption Date, the Holder shall be entitled to interest thereon, from and after the Mandatory Redemption Payment Date until the Mandatory Redemption Price has been paid in full, at an annual rate equal to the Default Interest Ratelower of twenty-four percent (24%) or the highest interest rate permitted by applicable law.
(iii) If the Corporation fails to pay the Mandatory Redemption Price within ten (10) Business Days of the Mandatory Redemption Date, then the Holder shall have the right to regain its rights as a Holder of the Series B-2 C-1 Preferred Stock and, upon written notice to such effect from the Holder, the Corporation shall return to such Holder the certificates representing the Preferred Shares that were delivered to the Corporation in connection with such Mandatory Redemption; in such event, the Conversion Price otherwise applicable to future Conversions of the Preferred Shares shall be reduced by one percent (1%) for each day beyond such 10th Business Day in which the failure to pay the Mandatory Redemption Price continued until the date of such notice; provided, however, that the maximum percentage by which such Conversion Price may be reduced hereunder shall be fifty percent (50%).
Appears in 1 contract
Samples: Securities Purchase Agreement (Webb Interactive Services Inc)
Payment of Mandatory Redemption Price. (i) The Corporation shall pay the Mandatory Redemption Price to the Holder exercising its right to redemption on the later to occur of within five (i) the fifth (5th5) Business Day following Days of the Mandatory Redemption Date Date. In the event that the Corporation redeems the entire remaining unpaid principal amount of this Debenture, and (ii) pays to the date on which Holder all Interest accrued thereon and all other amounts due in connection therewith, the Preferred Shares being redeemed are delivered by the Purchaser Holder shall return this Debenture to the Corporation for cancellation (the "Mandatory Redemption Payment Date"). ---------------------------------cancellation.
(ii) If the Corporation fails to pay the Mandatory Redemption Price to the Holder on or before within five (5) Business Days of the Mandatory Redemption Date, the Holder shall be entitled to interest thereon, thereon at the Default Interest Rate from and after the Mandatory Redemption Payment Date until the date on which Mandatory Redemption Price has been paid in full, at an annual rate equal to the Default Interest Rate.
(iii) If Notwithstanding the foregoing, if, prior to the payment by the Corporation fails to pay of the Mandatory Redemption Price within ten (10) Business Days of pursuant to any Mandatory Redemption Notice, the Corporation receives written notice from the Holder rescinding such Mandatory Redemption Notice, such Mandatory Redemption Notice shall immediately thereafter be deemed revoked and the Corporation shall not effect the Mandatory Redemption Date, then the Holder shall have the right to regain its rights as a Holder of the Series B-2 Preferred Stock and, upon written notice to such effect from the Holder, the Corporation shall return to such Holder the certificates representing the Preferred Shares that were delivered to the Corporation in connection with contemplated by such Mandatory Redemption; in such event, the Conversion Price otherwise applicable to future Conversions of the Preferred Shares shall be reduced by one percent (1%) for each day beyond such 10th Business Day in which the failure to pay the Mandatory Redemption Price continued until the date of such notice; provided, however, that the maximum percentage by which such Conversion Price may be reduced hereunder shall be fifty percent (50%)Notice.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ramtron International Corp)