Redemption by Company. In the event the aggregate principal amount of the Subject Securities that are surrendered for redemption on any such Redemption Date is a least 90% of the aggregate principal amount of the Subject Securities Outstanding at the close of business on the day next preceding such Redemption Date, the remaining Subject Securities not so redeemed will be subject to redemption as a whole, at the Company's option, upon not less than 30 days' notice mailed to each Holder at the address of such Holder appearing in the Security Register, on a date of redemption selected by the Company that is within 60 days after such Redemption Date, at a Redemption Price equal to 100% of the principal amount, plus accrued interest to such date of redemption selected by the Company.
Redemption by Company. Notwithstanding the provisions of Section 8.7.A, a Limited Partner that exercises the Redemption Right shall be deemed to have offered to sell the OP Units described in the Notice of Redemption to the Company. The Company may, in its sole and absolute discretion (subject to any limitations on ownership and transfer of REIT Shares set forth in the Certificate of Incorporation), elect to assume directly and satisfy a Redemption Right by paying to the Redeeming Partner either the Cash Amount or the REIT Shares Amount, as the Company determines in its sole and absolute discretion on the Specified Redemption Date, whereupon the Company shall acquire the OP Units offered for redemption by the Redeeming Partner and shall be treated for all purposes of this Agreement as the owner of such OP Units. If the Company shall elect to exercise its right to purchase OP Units under this Section 8.7.B with respect to a Notice of Redemption, it shall so notify the Redeeming Partner within five (5) Business Days after the receipt by it of such Notice of Redemption. Unless the Company (in its sole and absolute discretion) shall exercise its right to purchase OP Units from the Redeeming Partner pursuant to this Section 8.7.B, the Company shall not have any obligation to the Redeeming Partner or the Partnership with respect to the Redeeming Partner's exercise of the Redemption Right. In the event the Company shall exercise its right to purchase OP Units with respect to the exercise of a Redemption Right in the manner described in the first sentence of this Section 8.7.B, the Partnership shall have no obligation to pay any amount to the Redeeming Partner with respect to such Redeeming Partner's exercise of such Redemption Right, and each of the Redeeming Partner, the Partnership, and the Company shall treat the 31 transaction between the Company and the Redeeming Partner, for federal income tax purposes, as a sale of the Redeeming Partner's OP Units to the Company. Each Redeeming Partner agrees to execute such documents as the Company may reasonably require in connection with the issuance of REIT Shares upon exercise of the Redemption Right.. In the event that the Company determines to pay the Redeeming Partner the Redemption Amount in the form of REIT Shares, the total number of REIT Shares to be paid to the Redeeming Partner in exchange for the Redeeming Partner's OP Units shall be the applicable REIT Shares Amount. In the event this amount is not a whole number of REIT Shares, ...
Redemption by Company. (a) The Company shall have the option to redeem (subject to the legal availability of funds therefor) all, or any part of, the outstanding (and due to be issued and outstanding as of such date pursuant to Section 2 above) Warrants as set forth below. From time to time, on and after the sixth anniversary of the Issue Date (as defined in the Preferred Designation), the Company may redeem the Warrants at a price per share of Class A Common Stock into which the Series A Preferred Shares for which this Warrant is then exercisable are then convertible, payable in cash, equal to 105% of the excess of (i) the fair market value of such Class A Common Stock (the "Common Fair Market Value") over (ii) the Exercise Price then in effect (the "Redemption Price"). As used herein, the Common Fair Market Value shall equal (A) the Weighted Average Trading Price (as defined in the Purchase Agreement) during the 10 trading days immediately prior to the date of the Redemption Notice or (B) if the Class A Common Stock is not traded on a national securities exchange or Nasdaq, then as determined reasonably and in good faith by the Board of Directors. If the Redemption price as calculated is negative, then the Redemption Price shall be $0.01.
(b) In case of redemption of less than all of the outstanding Warrants issued pursuant to or in connection with the Purchase Agreement, such Warrants to be redeemed shall be redeemed on a pro rata basis among all Purchasers.
(c) Notice of any redemption (the "Redemption Notice") shall be sent by or on behalf of the Company not less than 30 nor more than 60 days prior to the date specified for redemption in such notice (the "Redemption Date"), by U.S. express mail, overnight courier guaranteeing next Business Day delivery, postage or charges prepaid, to the Purchaser at its last address as it shall appear on the books of the Purchaser; provided, however, the validity of the proceedings for the redemption of any Warrants shall only be affected with respect to any Purchaser to whom the Company has failed to give notice or except as to the Purchaser to whom notice was defective. In addition to any information required by law, such notice shall state: (i) the Redemption Date; (ii) the Redemption Price; (iii) the number of Warrants to be redeemed and, if less than all such shares held by such Purchaser are to be redeemed, the number of such shares to be redeemed; (iv) the place or places where the Warrants are to be surrendered for payment of the R...
Redemption by Company. Subject to the provisions of the Business Corporations Act, the Company may redeem at any time the whole or from time to time any part of the then outstanding Preference Shares on payment of an amount for each share to be redeemed equal to the Redemption Price (as hereinafter defined), plus all declared and unpaid dividends thereon, the whole constituting and being herein referred to as the "Redemption Amount". The Redemption Amount will be paid in cash money or, at the discretion of the Company, by the issuance of one or more promissory notes.
Redemption by Company. (a) The Preferred Shares may, subject to the applicable legal restrictions on the Company’s redemption of its Shares, be redeemed in cash at the option of the Company at any time on or after the date falling on the first (1st) anniversary of the Issue Date, in full but not part, upon an Early Redemption Notice (as defined below) from the Company to the Preferred Shareholder. Unless previously redeemed, exchanged, or cancelled as provided herein, the Company shall redeem each outstanding Preferred Share on the date falling on the second (2nd) anniversary of the Issue Date, in full and not in part, by giving an Early Redemption Notice to each of the Preferred Shareholders. The redemption price for each Preferred Share (“Early Redemption Price”) shall be equal to the aggregate amount of:
Redemption by Company. At any time during the period beginning on March 30, 2014 and ending on the Termination Date (the “Redemption Period”), the Company may elect to redeem this Warrant in its entirety and all Warrant Shares then remaining exercisable pursuant thereto by delivering notice of such election to Holder (the “Company Election”), and delivering payment to Holder in an amount equal to the Company Redemption Amount. Upon delivery of the Company Election and payment of the Company Redemption Amount, this Warrant, without the need for any further action on the part of any party, shall be and become void and of no value, and shall be terminated, removed from the Warrant Registry and considered no longer outstanding. The “Company Redemption Amount” shall be an amount equal the greater of: (i) for each Warrant Share, an amount equal to the average of the Common Stock’s Closing Sale Prices for the five (5) consecutive Trading Days ending on the date immediately preceding the Company Election, provided, that trading volume of the Company’s Common Stock on each of the preceding five (5) Trading Days was equal to or greater than 0.6% of the Company’s total Common Stock outstanding during the same period, or (ii) the product of: (A) the Warrant Redemption EBITDA multiplied by (B) six and one half (6.5) multiplied by (C) the percentage ownership interest in the Company (on a fully diluted basis) represented by the Warrant Shares subject to the Company Election, provided, that:
Redemption by Company. The Company may redeem (the "OPTIONAL REDEMPTION") all of the Notes, or any portion of the Notes in minimum multiples of $100,000,000 of original issue price, at any time after the fifth anniversary of the Closing, at the following redemption prices (each, an "OPTIONAL REDEMPTION PRICE") expressed in percentages of the Full Accreted Value of the Note on the redemption date, plus accrued and unpaid interest to the date of redemption, subject to the right of the Holder of the Note of record on the relevant record date to receive interest on the relevant Interest Payment Date: PERIOD REDEMPTION PRICE From July 21, 2004 through July 20, 2005.............................................................. 103.375% From July 21, 2005 through July 20, 2006.............................................................. 102.250% From July 21, 2006 through July 20, 2007.............................................................. 101.125% PERIOD REDEMPTION PRICE July 21, 2007 and thereafter............................................... 100.000%
Redemption by Company. (a) If, after the Original Issue Date, there shall occur a Change in Control of the Company (as defined below), then, at the option of the Registered Holder, the Company shall, on the effective date of and subject to the consummation of such Change in Control, redeem this Debenture for cash from the Registered Holder at a redemption price equal to 125% of the aggregate principal and accrued interest outstanding under this Debenture. Nothing in this subsection shall limit the Registered Holder's right to convert this Debenture on or prior to such Change in Control. For purposes hereof, a "Change in Control" shall be deemed to have occurred if (A) any person or group (as defined for purposes of Regulation 13D of the Securities Exchange Act of 1934, as amended (the "Exchange Act")) shall have become the beneficial owner or owners of more than 50% of the outstanding voting stock of the Company; (B) there shall have occurred a merger or consolidation in which the Company or an affiliate of the Company is not the survivor or in which holders of the Common Stock of the Company shall have become entitled to receive cash, securities of the Company other than voting
Redemption by Company. The Company shall have the right to redeem all, or any part, of the Redemption Amount on a Redemption Date (each, a “Company Redemption”). The portion of this Note subject to redemption pursuant to this Section 7 shall be redeemed by the Company in cash at the Redemption Price. The Company may exercise its right to require redemption under this Section 7 by delivering a written notice thereof by electronic mail to the Holder (the “Company Redemption Notice”). The Company Redemption Notice shall (x) state the date on which the Company Redemption shall occur, which may only be on a Redemption Date, which date such Company Redemption Notice is delivered shall not be less than sixty (60) calendar days prior to the applicable Redemption Date, and (y) state the aggregate principal amount of the Note which is being redeemed in such Company Redemption. The Company shall honor any Notice of Conversion received until the Company Redemption Date, and all principal amounts converted by the Holder after the date the Company Redemption Notice is delivered shall reduce the Redemption Amount of this Note required to be redeemed on the Company Redemption Date.
Redemption by Company. 5.1 COMPANY'S RIGHT TO REDEEM UPON RECEIPT OF NOTICE OF CONVERSION. In addition to the redemption rights set forth in the Agreement, upon delivery of a Notice of Conversion by the Holder (the "Initial Notice of Conversion"), if the Closing Bid Price of the Company's Common Stock on the date of the Notice of Conversion is less than 65% of the Closing Bid Price of the Common Stock on the Closing Date, the Company may elect to redeem in whole or in part, the remaining unpaid principal amount of this Convertible Debenture, for cash at a redemption price (the "Redemption Price") equal to (x) the number of shares of Common Stock into which this Convertible Debenture is then convertible, times (y) the average Closing Bid Price of Common Stock for the five (5) Trading Days as reported by Bloomberg L.P. immediately prior to the date that this Convertible Debenture is called for redemption, plus accrued and unpaid interest. The election by the Company to redeem any amount of this Convertible Debenture shall be applicable to any subsequent amount to be converted as set forth in any Notice of Conversion received by the Company in the twenty (20) calendar day period following the date of the Initial Notice of Conversion, subject to the provisions of Section 5.2 below.
