Common use of Redemption at the Company’s Option Clause in Contracts

Redemption at the Company’s Option. The Company may, at its option, redeem the Securities of this series as a whole or in part at any time and from time to time prior to December 1, 2049 (the "Par Call Date") upon not less than ten (10) nor more than sixty (60) days prior notice at a redemption price equal to the greater of (i) 100% of the aggregate principal amount of the Securities to be redeemed and (ii) as determined by the Independent Investment Banker, the sum of the present values of the remaining scheduled payments of principal and interest on the Securities to be redeemed as if the Securities matured on the Par Call Date (not including any portion of such payments of interest accrued to the Redemption Date) discounted to the Redemption Date on a semiannual basis (assuming a 360-day year consisting of twelve (12) 30-day months) at the Treasury Rate plus 50 basis points; plus, in each case described above, accrued and unpaid interest on the principal amount being redeemed to (but excluding) such Redemption Date. Exhibit A The Company may also, at its option, redeem the Securities of this series as a whole or in part at any time and from time to time on or after the Par Call Date upon not less than ten (10) nor more than sixty (60) days' prior notice at a redemption price equal to 100% of the principal amount of the Securities being redeemed, plus accrued and unpaid interest on the principal amount being redeemed to (but excluding) the Redemption Date. A notice of redemption may, at the Company's discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, financing, or other corporate transaction. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company's discretion, the redemption date may be postponed until up to 60 days following the notice of redemption, and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date (including as it may be postponed). The Company shall provide written notice to the Trustee prior to the close of business not less than two Business Days prior to the Redemption Date if any such redemption has been rescinded or delayed, and upon receipt the Trustee shall provide such notice to each Holder. In the event of redemption of this Security in part only, a new Security or Securities of this series and of like tenor for the unredeemed portion hereof will be issued in the name of the Holder hereof upon the cancellation hereof.

Appears in 1 contract

Samples: Anheuser-Busch InBev SA/NV

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Redemption at the Company’s Option. The Company may, at its option, redeem the Securities of this series as a whole or in part at any time and from time to time prior to December 1, 2049 2059 (the "Par Call Date") upon not less than ten (10) nor more than sixty (60) days prior notice at a redemption price equal to the greater of (i) 100% of the aggregate principal amount of the Securities to be redeemed and (ii) as determined by the Independent Investment Banker, the sum of the present values of the remaining scheduled payments of principal and interest on the Securities to be redeemed as if the Securities matured on the Par Call Date (not including any portion of such payments of interest accrued to the Redemption Date) discounted to the Redemption Date on a semiannual basis (assuming a 360-day year consisting of twelve (12) 30-day months) at the Treasury Rate plus 50 basis points; plus, in each case described above, accrued and unpaid interest on the principal amount being redeemed to (but excluding) such Redemption Date. Exhibit A The Company may also, at its option, redeem the Securities of this series as a whole or in part at any time and from time to time on or after the Par Call Date upon not less than ten (10) nor more than sixty (60) days' prior notice at a redemption price equal to 100% of the principal amount of the Securities being redeemed, plus accrued and unpaid interest on the principal amount being redeemed to (but excluding) the Redemption Date. A notice of redemption may, at the Company's discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, financing, or other corporate transaction. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company's discretion, the redemption date may be postponed until up to 60 days following the notice of redemption, and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date (including as it may be postponed). The Company shall provide written notice to the Trustee prior to the close of business not less than two Business Days prior to the Redemption Date if any such redemption has been rescinded or delayed, and upon receipt the Trustee shall provide such notice to each Holder. In the event of redemption of this Security in part only, a new Security or Securities of this series and of like tenor for the unredeemed portion hereof will be issued in the name of the Holder hereof upon the cancellation hereof.

Appears in 1 contract

Samples: Sixteenth Supplemental Indenture (Anheuser-Busch InBev SA/NV)

Redemption at the Company’s Option. The Company may, at its option, redeem the Securities of this series as a whole or in part at any time and from time to time prior to December 1, 2049 2039 (the "Par Call Date") upon not less than ten (10) nor more than sixty (60) days prior notice at a redemption price equal to the greater of (i) 100% of the aggregate principal amount of the Securities to be redeemed and (ii) as determined by the Independent Investment Banker, the sum of the present values of the remaining scheduled payments of principal and interest on the Securities to be redeemed as if the Securities matured on the Par Call Date (not including any portion of such payments of interest accrued to the Redemption Date) discounted to the Redemption Date on a semiannual basis (assuming a 360-day year consisting of twelve (12) 30-day months) at the Treasury Rate plus 50 basis points; plus, in each case described above, accrued and unpaid interest on the principal amount being redeemed to (but excluding) such Redemption Date. Exhibit A The Company may also, at its option, redeem the Securities of this series as a whole or in part at any time and from time to time on or after the Par Call Date upon not less than ten (10) nor more than sixty (60) days' prior notice at a redemption price equal to 100% of the principal amount of the Securities being redeemed, plus accrued and unpaid interest on the principal amount being redeemed to (but excluding) the Redemption Date. A notice of redemption may, at the Company's discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, financing, or other corporate transaction. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company's discretion, the redemption date may be postponed until up to 60 days following the notice of redemption, and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date (including as it may be postponed). The Company shall provide written notice to the Trustee prior to the close of business not less than two Business Days prior to the Redemption Date if any such redemption has been rescinded or delayed, and upon receipt the Trustee shall provide such notice to each Holder. In the event of redemption of this Security in part only, a new Security or Securities of this series and of like tenor for the unredeemed portion hereof will be issued in the name of the Holder hereof upon the cancellation hereof.

Appears in 1 contract

Samples: Anheuser-Busch InBev SA/NV

Redemption at the Company’s Option. The Company mayAll, but not less than all, of this Warrant may be redeemed (the "Redemption"), at its optionthe option of the Company, redeem the Securities of this series as a whole or in part at any time and from time to time prior to December 1the Expiration Date, 2049 at the price equal to the product obtained by multiplying (i) the number of Warrant Shares issuable upon full exercise of this Warrants (without regard to any limitation in Section 1(f) on the exercise of this Warrant) and (ii) $0.01 (the "Par Call DateRedemption Price") upon not less than ), provided that the Weighted Average Price of the Common Stock has been at least 150% of the Exercise Price (as adjusted for stock splits, stock dividends, recapitalizations, reorganizations, reclassification, combinations, reverse stock splits or other similar events during such period), on each of ten (10) nor more than sixty Trading Days within any twenty (6020) days Trading Day period ("20-Day Trading Period") ending on the third (3rd) Trading Day prior notice at a redemption price equal to the greater of date on which the Redemption Notice (as defined below) is given and provided further that (i) 100% there is a current registration statement in effect with respect to the resale of the aggregate principal amount of Warrant Shares by the Securities to be redeemed Holder for each day in the 20-Day Trading Period and continuing each day thereafter until the Redemption Date (defined below); (ii) as determined by on each day in the Independent Investment Banker20-Day Trading Period and continuing each day thereafter until the Redemption Date, the sum Holder shall not be in possession of any material, nonpublic information received from the Company, any Subsidiary or its respective agent or Affiliates; (iii) the shares of Common Stock issuable upon exercise of this Warrant are duly reserved, authorized and listed and eligible for trading without restriction on an Eligible Market; (iv) on each day in the 20-Day Trading Period and continuing each day thereafter until the Redemption Date, the Common Stock is designated for quotation on the Principal Market or any other Eligible Market and shall not have been suspended from trading on such exchange or market; and (v) on each day in the 20-Day Trading Period and continuing each day thereafter until the Redemption Date, the daily dollar trading volume of the present values Common Stock on the Principal Market as reported by Bloomberg shall be at least $500,000. In the event the Company shall elect to redeem this Warrant, the Company shall deliver a written notice (the "Redemption Notice") to the Holder and the holders of the remaining scheduled payments other Waiver Warrants indicating the date for the Redemption and the payment of principal the Redemption Price shall be the tenth (10th) Trading Day following delivery of the Redemption Notice to the Holder and interest on the Securities holders of the other Waiver Warrants (the "Redemption Date") to be redeemed as if the Securities matured on extent the Par Call Date (Holder shall not including any portion of such payments of interest accrued have exercised this Warrant prior to the Redemption Date) discounted . The Redemption Notice shall be irrevocable. The Company shall make a public announcement if its election to cause a redemption pursuant to this Section 5 on a Current Report on Form 8-K concurrently with, or prior to, the delivery of the Redemption to the Holder and the holder of the other Waiver Warrants. The Redemption Price shall be paid on the Redemption Date on a semiannual basis (assuming a 360-day year consisting by wire transfer of twelve (12) 30-day months) at immediately available funds to an account designated by the Treasury Rate plus 50 basis points; plus, in each case described above, accrued and unpaid interest on the principal amount being redeemed to (but excluding) such Redemption DateHolder. Exhibit A The Company Warrants may also, at its option, redeem the Securities of this series as a whole or in part be exercised at any time and from time to time on or after the Par Call Date upon not less than ten (10) nor more than sixty (60) days' Redemption Notice shall have been given by the Company pursuant to this Section 5 hereof and prior notice at a redemption price equal to 100% of the principal amount of the Securities being redeemed, plus accrued and unpaid interest on the principal amount being redeemed to (but excluding) the Redemption Date. A notice On and after the Redemption Date, the record holder of the Warrants shall have no further rights except to receive, upon surrender of the Warrants, the Redemption Price. If the Company elects to cause a redemption maypursuant to Section 5, at then it must simultaneously take the Company's discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, financing, or other corporate transaction. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, same action in the Company's discretion, the redemption date may be postponed until up same proportion with respect to 60 days following the notice of redemption, and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date (including as it may be postponed). The Company shall provide written notice to the Trustee prior to the close of business not less than two Business Days prior to the Redemption Date if any such redemption has been rescinded or delayed, and upon receipt the Trustee shall provide such notice to each Holder. In the event of redemption of this Security in part only, a new Security or Securities of this series and of like tenor for the unredeemed portion hereof will be issued in the name of the Holder hereof upon the cancellation hereofother Waiver Warrants.

Appears in 1 contract

Samples: Waiver and Amendment Agreement (Palisade Bio, Inc.)

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Redemption at the Company’s Option. The Company may, at its option, redeem the Securities of this series as a whole or in part at any time and from time to time prior to December March 1, 2049 2030 (the "Par Call Date") upon not less than ten (10) nor more than sixty (60) days prior notice at a redemption price equal to the greater of (i) 100% of the aggregate principal amount of the Securities to be redeemed and (ii) as determined by the Independent Investment Banker, the sum of the present values of the remaining scheduled payments of principal and interest on the Securities to be redeemed as if the Securities matured on the Par Call Date (not including any portion of such payments of interest accrued to the Redemption Date) discounted to the Redemption Date on a semiannual basis (assuming a 360-day year consisting of twelve (12) 30-day months) at the Treasury Rate plus 50 45 basis points; plus, in each case described above, accrued and unpaid interest on the principal amount being redeemed to (but excluding) such Redemption Date. Exhibit A The Company may also, at its option, redeem the Securities of this series as a whole or in part at any time and from time to time on or after the Par Call Date upon not less than ten (10) nor more than sixty (60) days' prior notice at a redemption price equal to 100% of the principal amount of the Securities being redeemed, plus accrued and unpaid interest on the principal amount being redeemed to (but excluding) the Redemption Date. A notice of redemption may, at the Company's discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, financing, or other corporate transaction. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company's discretion, the redemption date may be postponed until up to 60 days following the notice of redemption, and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date (including as it may be postponed). The Company shall provide written notice to the Trustee prior to the close of business not less than two Business Days prior to the Redemption Date if any such redemption has been rescinded or delayed, and upon receipt the Trustee shall provide such notice to each Holder. In the event of redemption of this Security in part only, a new Security or Securities of this series and of like tenor for the unredeemed portion hereof will be issued in the name of the Holder hereof upon the cancellation hereof.

Appears in 1 contract

Samples: Anheuser-Busch InBev SA/NV

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