Prepayment of Notes Sample Clauses

Prepayment of Notes. 3 Section 2.1.

Prepayment of Notes. Except as described below in this Section 3, the Notes will not be subject to prepayment and redemption by the Company prior to the Maturity Date.

Prepayment of Notes. No prepayment of the Notes may be made except to the extent and in the manner expressly provided in 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 ...

Prepayment of Notes. Upon the occurrence of a Prepayment Event prior to the Share Purchase Date or the earlier successful remarketing of the Notes pursuant to Section 5.4 of the Purchase Contract Agreement and the receipt in full by the Collateral Agent of the principal amount of and accrued interest, if any, on the Pledged Notes, the Collateral Agent will, at the written direction of the Company, purchase the Prepayment Treasury Consideration and promptly remit the remaining portion, if any, of the amounts received in respect of the principal of and accrued interest on the Pledged Notes to the Purchase Contract Agent for payment to the Holders of Normal Units. The Collateral Agent shall transfer the Prepayment Treasury Consideration to the Collateral Account to secure the obligation of all Holders of Normal Units to purchase Common Shares of the Company under the Purchase Contracts constituting a part of such Normal Units, in substitution for the Pledged Notes. Thereafter the Collateral Agent shall have such security interests, rights and obligations with respect to the Prepayment Treasury Consideration as it had in respect of the Pledged Notes as provided in Articles II, III, IV, V and VI, and any reference herein to the Notes shall be deemed to be reference to such Prepayment Treasury Consideration, and any reference herein to interest on the Notes shall be deemed to be a reference to corresponding distributions on such Prepayment Treasury Consideration.

Prepayment of Notes. (a) The Company shall prepay the Notes (or the relevant Notes only) in accordance with Part 1 of Schedule 2 if it is or becomes unlawful for the Notes (or the relevant Notes only) to remain outstanding, as confirmed by a written legal opinion (addressed to the Company and furnished by the Company to the Noteholders upon request) from reputable outside legal counsel to the Company. (b) The Company may, if it gives the Noteholders not less than 3 Business Days’ (or such shorter period as the Major Noteholder may agree) prior notice (a “Prepayment Notice”), prepay all or any outstanding Notes on the date specified in the Prepayment Notice in accordance with Part 1 of Schedule 2, provided that, if all outstanding Notes are not being prepaid pursuant to a Prepayment Notice, then any prepayment being made pursuant to that Prepayment Notice shall be applied pro rata among the Noteholders.

Prepayment of Notes. Voluntarily prepay, redeem, purchase, defease or otherwise satisfy in any manner (including by the exercise of any right of setoff) the obligations owed under the Notes.

Prepayment of Notes. 13 Section 5.1.

Prepayment of Notes. Diomed may at its option call for prepayment all or part of the Class C Notes prior to the Maturity Date, as follows: (i) The Notes called for prepayment shall be redeemable for an amount (the "Prepayment Price") equal to (x) 100% of the principal amount called for prepayment, plus (y) interest accrued through the day immediately preceding the date of prepayment (the "Prepayment Date"). (ii) If fewer than all outstanding Class C Notes are to be prepaid, then all Class C Notes shall be partially prepaid on a pro rata basis. (iii) Prior to the Prepayment Date, Diomed shall deposit into escrow an amount sufficient for the payment of the aggregate Prepayment Price of the Class C Notes being called for prepayment and shall make such funds available on and after the Prepayment Date for payment to the Holders who present their Class C Notes and otherwise comply with Diomed's instructions contained in the Prepayment Notice (as defined below). (iv) On the Prepayment Date, Diomed shall cause the Holders whose Class C Notes have been presented for prepayment to be issued payment of the Prepayment Price. In the case of a partial prepayment, Diomed shall also issue new Class C Notes to the Holders for the principal amount remaining outstanding after the Prepayment Date promptly after the Holders' presentation of the Class C Notes called for prepayment. (v) Not less than five (5) business days prior to the Prepayment Date, Diomed shall issue a notice (the "Prepayment Notice") to each Holder setting forth the following: 1. the Prepayment Date; 2. the Prepayment Price; 3. the aggregate principal amount of the Class C Notes being called for prepayment; 4. a statement instructing the Holders to surrender their Class C Notes for prepayment and payment of the Prepayment Price, including the name and address of Diomed or, if applicable, the paying agent of Diomed, where Class C Notes are to be surrendered for prepayment;