Prepayment of Debentures Sample Clauses

Prepayment of Debentures. ‌ Section 4.1 Prepayment of Debentures‌ At any time following August 17, 2022, the Corporation shall have the right to pre-pay the Debentures, in whole or in part from time to time in multiples of $1,000, plus accrued and unpaid interest subject to the Corporation, at a price equal to: 105% of the principal amount of the Debentures if prepaid between August 17, 2022 and August 17, 2023; and 102% of the principal amount of the Debentures if prepaid following August 17, 2023 and before the Maturity Date; (as applicable, the “Prepayment Price”); in each case, subject to such prepayment being permitted under the policies of the CSE at the time of such prepayment. Notwithstanding the foregoing, the Corporation may not prepay any Debentures as contemplated under this Article 4 if a transaction that would result in a Change of Control has been publicly announced, offered or made and not withdrawn or expired, as the case may be.
Sample 1
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Prepayment of Debentures. At any time following November 3rd, 2023 with respect to the Series 1 Debentures and November 24, 2023 with respect to the Series 2 Debentures, the Corporation shall have the: (i) right to pre-pay the Debentures, in whole or in part from time to time in multiples of $1,000, plus accrued and unpaid interest; and (ii) the obligation to, upon a Change of Control, pre-pay the Debentures, in whole or in part from time to time in multiples of $1,000, at a price equal to 105% of the principal amount of the Debentures plus accrued and unpaid interest thereon (less any taxes required to be deducted in accordance with Section 6.11) on such Debentures up to, but excluding, the Maturity Date (as applicable, the “Prepayment Price”); in each case, subject to such prepayment being permitted under the policies of the CSE at the time of such prepayment.
Sample 1
Prepayment of Debentures. ‌ At any time following November 3rd, 2023, the Corporation shall have the: (i) right to pre-pay the Debentures, in whole or in part from time to time in multiples of $1,000, plus accrued and unpaid interest; and (ii) the obligation to, upon a Change of Control, pre-pay the Debentures, in whole or in part from time to time in multiples of $1,000, at a price equal to 105% of the principal amount of the Debentures plus accrued and unpaid interest thereon (less any taxes required to be deducted in accordance with Section 6.11) on such Debentures up to, but excluding, the Maturity Date (as applicable, the “Prepayment Price”); in each case, subject to such prepayment being permitted under the policies of the CSE at the time of such prepayment.
Sample 1
Prepayment of Debentures. Directly, or indirectly prepay, defease, purchase, redeem, or otherwise acquire any Indebtedness evidenced by the Debentures (including, without limitation, any payment to the holder of any Debenture in lieu of conversion to common stock of the Company, which shall include a prohibition of such payment to a holder of any Debenture in lieu of conversion to common stock pursuant to Section 2.1(d) of the Debenture) prior to the scheduled maturity date of the Debenture; provided the foregoing shall not be construed to prohibit the payment of interest pursuant to Section 4.1 of a Debenture or the payment of the amounts due pursuant to Section 4.2 of a Debenture.
Sample 1
Prepayment of Debentures. The Debentures may be prepaid at the discretion of the Partnership, in whole or in part, in the principal amount of $1,000,000 or multiples thereof, without premium or penalty, by paying the principal amount thereof (or so much thereof as is being prepaid at such time), together with all interest accrued but unpaid for the current period and all prior periods to the date of prepayment (except for the Accrued Interest Allocation which shall be due any payable only in the event of a total prepayment of the Debentures). In the event of a prepayment under the Debentures, such prepayments shall be allocated and distributed to the Holders in proportion to their respective Funding Obligations. Notice of prepayment shall be given by first-class mail, postage prepaid, mailed not less than five nor more than 60 days prior to the specified prepayment date, to each Holder of Debentures to be prepaid, at its address appearing in the Debenture Register. All notices of prepayment shall state (a) the prepayment date, (b) the total principal amount to be prepaid, and (c) if less than all outstanding Debentures are to be prepaid, the identification (and, in the case of a Debenture to be prepaid in part, the principal amount of such Debenture) of the particular Debenture to be prepaid.
Sample 1
Prepayment of Debentures. The Company or Harborside, subject to the terms of the Pelorus Intercreditor Agreement and the Series A Intercreditor Agreement, shall have the right to prepay any principal amount and any unpaid accrued interest on the Debentures prior to the Maturity Date without penalty or limitation. All Debentures outstanding shall, subject to the terms of the Pelorus Loan Agreement, the Pelorus Intercreditor Agreement and the Series A Intercreditor Agreement, be prepaid from ten percent (10%) of the net proceeds of any equity financing pursuant to which Harborside sells shares or other equity interests in a single transaction or in a series of transactions in which Harborside grosses more than $5,000,000. No additional borrowings may be made or Debentures issued or reissued based upon any such prepayments.
Sample 1
Prepayment of Debentures. The Debentures may be redeemed and prepaid at the discretion of the Company, in whole or from time to time in part, without premium or penalty, at a redemption price equal to the principal amount thereof together with accrued interest to the date of redemption. None of the Subordinated Debentures may be redeemed or prepaid so long as any amount of principal or interest is outstanding on the Senior Debentures, unless such amounts are to be paid in full at the time of the redemption of all or a portion of the Subordinated Debentures. Until such time as the principal and interest on the Stolx Xxxior Debt has been paid in full, all prepayments and redemptions of principal on the Senior Debentures shall be paid to those persons holding the Stolx Xxxior Debt, in proportion to the principal amount of Senior Debentures held by them, and no other holders of Senior Debentures shall be entitled to redemption and prepayment of principal on the Senior Debentures held by them. After the principal and interest on the Stolx Xxxior Debt has been paid in full, then until such time as all of the principal and interest on the Schexxx Xxxior Debt has been paid in full, all prepayments and redemptions of principal on the Senior Debentures shall be paid to those persons holding the Schexxx Xxxior Debt in proportion to the principal amount of Senior Debentures held by them, and no other holders of Senior Debentures shall be entitled to redemption and prepayment of principal on the Senior Debentures held by them. After the principal and interest on the Schexxx Xxxior Debt has been paid in full, then all remaining holders of Senior Debentures shall receive prepayments and redemptions of principal pro rata in proportion to the principal amount of Senior Debentures held by them. Notwithstanding the foregoing to the contrary, if Senior Debentures have been issued to Kleix xx the Kleix Xxxreholders, then after principal and interest on the Stolx Xxxior Debt has been paid in full, all prepayments and redemptions of principal on the Senior Debentures shall be paid pro rata to the holders of the Schexxx Xxxior Debt, the Michiana Senior Debt and the Kleix Xxxior Debt in proportion to the principal amount of Senior Debentures held by them. Notice of redemption shall be given by first-class mail, postage prepaid, mailed not less than five nor more than 60 days prior to the specified redemption date, to each Holder of Debentures to be redeemed, at his address appearing in the Debenture Regist...
Sample 1
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Prepayment of Debentures 
Sample 1

Related to Prepayment of Debentures

  • Prepayment of Debt Make any prepayment (whether optional or mandatory), repurchase, redemption, defeasance or any other payment in respect of any Subordinated Debt.

  • Repayment of Debt Upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Creditors, severally and not jointly, agree to cancel the Debt, up to an aggregate of $124,184.26 as the payment for the Shares at a price of $0.460829 per share. Each Creditor’s Debt Cancellation Amount as set forth on the signature page hereto executed by such Creditor shall be settled for “Delivery Versus Payment” with the Company. The Company shall deliver the Shares to the Creditors as the repayment of Debt within 30 days of this Agreement.

  • Prepayment of Notes (a) The Company at its option may, upon ten days' written notice to the Holders, at any time, prepay all or any part of the principal amount of Notes at a redemption price equal to 101% (or, if the Company shall have paid the fee required by Section 6.18(b), 100%) of the principal amount of Notes so prepaid, together with accrued interest through the date of prepayment; provided, 18 that the redemption price shall be 103% of par plus accrued interest if the Notes are refunded (whether at the time of redemption or maturity) with or in anticipation of funds raised by any financing transaction in which DLJSC has not acted as sole agent or underwriter to the Company (unless DLJSC, in its sole discretion, shall have consented thereto). (b) The Company shall, promptly upon the receipt by the Company of the Net Cash Proceeds of any Designated Transaction, prepay an aggregate principal amount of Notes equal to the amount of such Net Cash Proceeds, at a redemption price equal to 101% of the principal amount of the Notes so prepaid, together with accrued interest through the date of prepayment; provided, that the redemption price shall be 103% of par plus accrued interest if the Notes are refunded (whether at the time of redemption or maturity) with or in anticipation of funds raised by any financing transaction in which DLJSC has not acted as sole agent or underwriter to the Company (other than a fully underwritten bank financing pursuant to a signed commitment letter containing only such conditions as are usual and customary in such financings and which does not contain any condition relating to the successful syndication of such transaction); and provided, further, that Notes shall be required to be so prepaid only to the extent that Net Cash Proceeds from all Designated Transactions on and after the date hereof exceed $1,000,000. (c) The Company shall, immediately upon the occurrence of a Change in Control, prepay all Notes then outstanding at a redemption price equal to 103% of the principal amount thereof, together with accrued interest through the date of prepayment. (d) Any prepayment of the Notes pursuant to Section 2.6(a) shall be in a minimum amount of at least $1,000,000 and multiples of $1,000,000, unless less than $1,000,000 of the Notes remains outstanding, in which case all of the Notes must be prepaid. Any prepayment of the Notes pursuant to Section 2.6(b) shall be in a minimum amount which is a multiple of $1,000 times the number of Holders at the time of such prepayment. (e) Any partial prepayment shall be made so that the Notes then held by each Holder shall be prepaid in a principal amount which shall bear the same ratio, as nearly as may be, to the total principal amount being prepaid as the principal amount of such Notes held by such Holder shall bear to the aggregate principal amount of all Notes then outstanding. In the 19 event of a partial prepayment, upon presentation of any Note the Company shall execute and deliver to or on the order of the Holder, at the expense of the Company, a new Note in principal amount equal to the remaining outstanding portion of such Note.

  • Redemption of Debentures 17 Section 3.1 Redemption................................................17 Section 3.2 Special Event Redemption..................................17 Section 3.3 Optional Redemption by Company............................17 Section 3.4

  • Prepayment of the Notes In addition to the payment of the entire unpaid principal amount of the Notes at the final maturity thereof, the Company will make required, and may make optional, prepayments in respect of the Notes as hereinafter provided.

  • Subordination of Debentures 49 13.1 Agreement to Subordinate......................................49 13.2 Default on Senior Debt, Subordinated Debt or Additional Senior Obligations..............................49 13.3

  • Other Notes The Borrower agrees that it shall not provide any holder of the Notes issued on or about March 6, 2007, August 5, 2008, September 29, 2008 or October 31, 2008 (the "Other Notes") any concession or payment with respect to such Other Notes without first offering the Lender the opportunity to receive such payment or concession with respect to the Notes.

  • Conversion of Debentures Section 16.01.

  • Form of Debentures Except in respect of the Initial Debentures, the form of which is provided for herein, the Debentures of each series shall be substantially in such form or forms (not inconsistent with this Indenture) as shall be established herein or by or pursuant to one or more resolutions of the Board of Directors (or to the extent established pursuant to, rather than set forth in, a resolution of the Board of Directors, in an Officers’ Certificate detailing such establishment) or in one or more indentures supplemental hereto, in each case with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture, and may have imprinted or otherwise reproduced thereon such legend or legends or endorsements, not inconsistent with the provisions of this Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto or with any rules or regulations of any securities exchange or securities regulatory authority or to conform to general usage, all as may be determined by the directors or officers of the Corporation executing such Debentures on behalf of the Corporation, as conclusively evidenced by their execution of such Debentures.

  • Repayment of Loans; Evidence of Debt (a) The Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan on the Maturity Date and (ii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan on the earlier of the Maturity Date and the first date after such Swingline Loan is made that is the 15th or last day of a calendar month and is at least two Business Days after such Swingline Loan is made; provided that on each date that a Revolving Borrowing is made, the Borrower shall repay all Swingline Loans then outstanding. (b) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the indebtedness of the Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder. (c) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lender’s share thereof. (d) The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement. (e) Any Lender may request that Loans made by it be evidenced by a promissory note. In such event, the Borrower shall prepare, execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to Section 9.04) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).

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