Common use of Redemption by Other Holders Clause in Contracts

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 9 contracts

Samples: Senior Secured Note (Digital Ally, Inc.), Senior Subordinated Convertible Note (Greenlane Holdings, Inc.), Senior Unsecured Nonconvertible Note (Hepion Pharmaceuticals, Inc.)

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Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the "Other Warrants") as a result of an event or occurrence substantially similar to the events of an Event of Default or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes a Major Transaction (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes Warrants (including the Holder) based on the Principal amount number of this Note and the Other Notes Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 7 contracts

Samples: Warrant Agreement (Universal Energy Corp.), Warrant Agreement (Universal Energy Corp.), Warrant Agreement (Universal Energy Corp.)

Redemption by Other Holders. Upon the CompanyCorporation’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 3(f)(iv) (each, an “Other Redemption Notice”), the Company Corporation shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. If the Company Corporation receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to day the Company’s receipt Corporation receives the first of the Holder’s such Redemption Notice or Other Redemption Notice and ending on and including the date which is three five (35) Business Days after the Company’s receipt of Corporation forwards the Holder’s first such notice (“Redemption Notice Period”) and the Company Corporation is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day periodRedemption Period, then the Company Corporation shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Tranche A Notes and the Tranche B Notes (including the Holder) based on the Principal aggregate principal amount of this Note the Tranche A Notes and the Other Tranche B Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received or delivered by the Company Corporation during such seven (7) Business Day periodRedemption Period.

Appears in 7 contracts

Samples: Convertible Note Agreement (Samson Investment CO), Convertible Note Agreement (Samson Investment CO), Convertible Note Agreement (X-Change Corp)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b4(a), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such noticenotice and make a prompt public announcement thereof. If the Company receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement (Security Devices International Inc.)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the “Other Warrants”) as a result of an event or occurrence substantially similar to the events of an Event of Default or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes a Major Transaction (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes Warrants (including the Holder) based on the Principal amount number of this Note and the Other Notes Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 6 contracts

Samples: Warrant Agreement (ICP Solar Technologies Inc.), Warrant Agreement (ICP Solar Technologies Inc.), Warrant Agreement (ICP Solar Technologies Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 5(a) (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 4 contracts

Samples: Second Exchange Agreement (Amyris, Inc.), Exchange Agreement (Amyris, Inc.), Exchange Agreement (Amyris, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b5(a) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediatelyshall, but no later than one within two (12) Business Day of its receipt thereofDay, forward to the Holder by electronic mail (via facsimile and overnight courier) a copy of such noticenotice along with details regarding the event or occurrence leading to the redemption or repayment. If the Company receives a an Event of Default Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three four (34) Business Days prior to the Company’s receipt of the Holder’s Event of Default Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Event of Default Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Event of Default Redemption Notice and such Other Redemption Notices received during such seven eight (7) 8) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Event of Default Redemption Notice and such Other Redemption Notices received by the Company during such seven eight (7) 8) Business Day period.

Appears in 4 contracts

Samples: Waiver and Consent, Convertible Note Sale Agreement (Cordlife Group LTD), Waiver and Consent (KKR & Co. L.P.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b3(a) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 4 contracts

Samples: Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.), Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.), Agreement for Amendment to Series a and Series B Warrants (Repros Therapeutics Inc.)

Redemption by Other Holders. Upon the Company’s or the Parent Guarantor’s receipt of notice from or on behalf of any of the holders of the Other Notes or the Additional Securities, if any, for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding analogous provisions set forth in the Other Notes, the Additional Notes or the Certificate of Designations (each, an “Other Redemption Notice”), the Company or the Parent Guarantor (as applicable) shall immediatelypromptly, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company or the Parent Guarantor receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Companysuch Person’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Companysuch Person’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest the entire Redemption Prices and such other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes and the Additional Securities, if any, based on the Principal amount of this Note and Note, the principal amount of the Other Notes and the Additional Notes and/or the Stated Value of the Series A Preferred Shares submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company or the Parent Guarantor during such seven (7) Business Day period.

Appears in 3 contracts

Samples: Fourth Supplemental Agreement (Acacia Research Corp), Third Supplemental Agreement (Acacia Research Corp), Second Supplemental Agreement (Acacia Research Corp)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 3 contracts

Samples: Convertible Note Agreement (CISO Global, Inc.), Convertible Note Agreement (CISO Global, Inc.), Senior Convertible Note (SOBR Safe, Inc.)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 3 contracts

Samples: Senior Note (Volcon, Inc.), Senior Convertible Note (Volcon, Inc.), Senior Convertible Note (Volcon, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 5 (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one two (12) Business Day Days of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 3 contracts

Samples: Convertible Note (Metalico Inc), Convertible Note (Metalico Inc), Convertible Note (Metalico Inc)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 9(a) (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 2 contracts

Samples: Security Agreement (Esports Entertainment Group, Inc.), Security Agreement (Esports Entertainment Group, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) ), or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest interest, and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 2 contracts

Samples: Security Agreement (Algorhythm Holdings, Inc.), Security Agreement (Elevai Labs Inc.)

Redemption by Other Holders. (i) Upon the Company’s 's receipt of notice from any of the holders of the Other Additional Notes for redemption redemption, repurchase or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section Sections 4(b), Section ) or 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”"OTHER REDEMPTION/REPURCHASE NOTICE"), the Company shall immediately, but no later than one (1) on the next Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such noticeOther Redemption/Repurchase Notice. At any time after the earlier of the Holder's receipt of an Other Redemption/Repurchase Notice and the Holder becoming aware of such Other Redemption/Repurchase Notice, the Holder may require the Company to redeem all or any portion of this Note by delivering written notice thereof to the Company indicating the portion of this Note the Holder is electing to redeem. Any such redemption or repurchase shall be in accordance with Section 15(a) and Sections 4(b) or 5(b) (as applicable). (ii) If the Company receives a Redemption Redemption/Repurchase Notice and one or more Other Redemption Redemption/Repurchase Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s Redemption 's Redemption/Repurchase Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s Redemption 's Redemption/Repurchase Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Redemption/Repurchase Notice and such Other Redemption Redemption/Repurchase Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption or repurchase pursuant to such Redemption Redemption/Repurchase Notice and such Other Redemption Redemption/Repurchase Notices received by the Company during such seven (7) Business Day period. Notwithstanding the foregoing, the Company shall remain liable for any portion of any Redemption/Repurchase Price that it has not delivered to the Holder due to any pro rata redemption made pursuant to the preceding sentence and such unpaid amount shall remain immediately due and payable.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mitel Networks Corp), Securities Purchase Agreement (Mitel Networks Corp)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b5(a) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediatelyshall, but no later than one within two (12) Business Day of its receipt thereofDay, forward to the Holder by electronic mail (via facsimile and overnight courier) a copy of such noticenotice along with details regarding the event or occurrence leading to the redemption or repayment. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three four (34) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven eight (7) 8) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven eight (7) 8) Business Day period.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (KKR & Co. L.P.), Convertible Note Purchase Agreement (China Cord Blood Corp)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes (other than any such holder which is an Affiliate of the Holder) for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 5.2 (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one two (12) Business Day of Days after its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Change of Control Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s Change of Control Redemption Notice and ending on and including the date which is three five (35) Business Days after the Company’s receipt of the Holder’s Change of Control Redemption Notice and the Company is unable to redeem all principal, interest and any other amounts amount designated in such Change of Control Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Change of Control Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 2 contracts

Samples: Subordinated Note Agreement (Venus Concept Inc.), Subordinated Note Agreement (Venus Concept Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Antigenics Inc /De/)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 4(c), Section 5(b) or Section 8 5(c) or pursuant to corresponding equivalent provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 2 contracts

Samples: Convertible Security Agreement (Panacea Life Sciences Holdings, Inc.), Convertible Security Agreement (Panacea Life Sciences Holdings, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Sundial Growers Inc.), Securities Purchase Agreement (Rock Creek Pharmaceuticals, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes Debentures for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes Debentures (including the Holder) based on the Principal principal amount of this Note and the Other Notes Debentures submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Baxano Surgical, Inc.), Securities Purchase Agreement (Baxano Surgical, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 2 contracts

Samples: Senior Convertible Note (Eterna Therapeutics Inc.), Senior Convertible Note (Eterna Therapeutics Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 2 contracts

Samples: Securities Purchase Agreement (GigCapital5, Inc.), Securities Purchase Agreement (EF Hutton Acquisition Corp I)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by via electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Blue Ocean Acquisition Corp), Securities Purchase Agreement (TNL Mediagene)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 5(c) or the Company’s delivery of a Company Optional Redemption Notice pursuant to corresponding provisions set forth in the Other Notes Section 9(e) (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Epiq Systems Inc)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes or the Additional Securities, if any, for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 6 or pursuant to corresponding analogous provisions set forth in the Other Notes, the Additional Notes or the Certificate of Designations (each, an "Other Redemption Notice"), the Company shall immediatelypromptly, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest the entire Redemption Prices and such other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes and the Additional Securities, if any, based on the Principal amount of this Note and Note, the principal amount of the Other Notes and the Additional Notes and/or the Stated Value of the Series A Preferred Shares submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Supplemental Agreement (Acacia Research Corp)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b3(b) or Section 8 4(c) or the Company’s delivery of a Company Optional Redemption Notice pursuant to corresponding provisions set forth in the Other Notes Section 5(a) (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail email a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the outstanding Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Note Purchase Agreement (QC Holdings, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of the first notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b3(b) or Section 8 or pursuant to corresponding provisions set forth in (the Other Notes (each, an Other Initial Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of after its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice from the Holder and one or more notices from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 3(b) (each, an “Other Redemption NoticesNotice”), during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to following the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Initial Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice, the Initial Redemption Notice and such the Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice, the Initial Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Note (Workstream Inc)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b4(a), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 6 (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such noticenotice and make a prompt public announcement thereof. If the Company receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nestor Inc)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Subordination Agreement (Ads in Motion, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any Holder or holder of the holders of the Other Notes Notes, if any, for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b6(b), Section 5(b7(a) or Section 8 or pursuant to corresponding analogous provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediatelypromptly, but no later than one (1) Business Day of its receipt thereof, forward to the each Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the such Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the a Holder’s Redemption Notice and the Company is unable to redeem all principal, interest the entire Redemption Prices and such other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the each Holder and each holder of the Other Notes Notes, if any, based on the Principal Stated Value of the Series A Preferred Shares and principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Recapitalization Agreement (Acacia Research Corp)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Senior Secured Note (Bluejay Diagnostics, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Additional Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (WorldSpace, Inc)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the “OTHER WARRANTS”) as a result of an event or occurrence substantially similar to the events of an Event of Default or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes a Major Transaction (each, an “Other Redemption Notice”"OTHER REDEMPTION NOTICE"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes Warrants (including the Holder) based on the Principal amount number of this Note and the Other Notes Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Warrant Agreement (Alternative Construction Company, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Broadvision Inc)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b4(a), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such noticenotice and make a prompt public announcement thereof. If the Company receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Nestor Inc)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 7 or pursuant to corresponding equivalent provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Amendment Agreement (Ener-Core, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 5(c) (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Globus Maritime LTD)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 8.2 (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Senior Secured Convertible Promissory Note (Broadcast International Inc)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Trading Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Trading Day period beginning on and including the date which is three (3) Business Trading Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Trading Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Trading Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Trading Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vasogen Inc)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Superconductor Corp /De/)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding equivalent provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principalPrincipal, interest Interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Senior Convertible Note (Sadot Group Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediatelypromptly, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Adagio Medical Holdings, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b5(a) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 9 (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, make-whole amount, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Fourth Amendment Agreement (Genius Group LTD)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such noticenotice (with a copy to the Trustee). If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ondas Holdings Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 5(a) (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one two (12) Business Day Days of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (BOQI International Medical, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes Debentures for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. The Holder shall have five Business Days from receipt of such facsimile copy of such Other Redemption Notice to deliver a Redemption Notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) such five Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day periodNotices, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes Debentures (including the Holder) based on the Principal principal amount of this Note and the Other Notes Debentures submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) five Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Telecommunication Systems Inc /Fa/)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b6(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 7(e) (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives an Event of Default Redemption Notice or a Holder Optional Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s applicable Event of Default Redemption Notice or applicable Holder Optional Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s applicable Event of Default Redemption Notice or applicable Holder Optional Redemption Notice and the Company is unable to redeem all principal, interest interest, Make-Whole Amounts, Late Fees and other amounts designated in such Event of Default Redemption Notice or Holder Optional Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Event of Default Redemption Notice or Holder Optional Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Convertible Security Agreement (New Age Beverages Corp)

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Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such noticeOther Redemption Notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Senior Secured Note (Sharps Technology Inc.)

Redemption by Other Holders. Upon the Company’s 's receipt of ------------------------------ notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”"OTHER REDEMPTION NOTICE"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Exchange Agreement (Charys Holding Co Inc)

Redemption by Other Holders. Upon the Company’s or Allora’s, as applicable, receipt of notice from any of the holders of the Other Notes other Warrants (issued pursuant to Section 1.07 of the Purchase Agreement) for redemption or repayment as a result of an event or occurrence substantially similar to the events of an Event of Default or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes a Major Transaction (each, an "Other Redemption Notice"), the Company it shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company or Allora, as applicable, receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt or Allora’s receipt, as applicable, of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt or Allora’s receipt, as applicable, of the Holder’s 's Redemption Notice and the Company or Allora, as applicable, is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company or Allora, as applicable, shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes Warrants (including the Holder) based on the Principal amount number of this Note and the Other Notes Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company or Allora, as applicable, during such seven (7) Business Day period.

Appears in 1 contract

Samples: Warrant Agreement (Allora Minerals, Inc.)

Redemption by Other Holders. Upon the Company’s Company‘s receipt of notice from any of the holders of the Other Additional Bridge Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s Company‘s receipt of the Holder’s Holder‘s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s Company‘s receipt of the Holder’s Holder‘s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Bridge Notes (including the Holder) based on the Principal principal amount of this Note and the Other Bridge Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Secured Note (WorldSpace, Inc)

Redemption by Other Holders. Upon the CompanyIssuer’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company Issuer shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If Subject to the Company terms of each Intercreditor Agreement, if the Issuer receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which that is three (3) Business Days prior to the CompanyIssuer’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the CompanyIssuer’s receipt of the Holder’s Redemption Notice and the Company Issuer is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then then, subject to Section 1(b) and analogous provisions under such Other Notes, the Company Issuer shall redeemredeem the Notes in the following order of priority: (i) first, a pro rata amount from the Holder and each holder Issuer shall redeem the maximum possible portion of the Other Notes based on the Principal amount of this Note and the Other FILO C Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company Issuer during such seven (7) Business Day period, pro rata among this FILO C Note and such other FILO C Notes in proportion to the Principal amounts of this FILO C Note and such other FILO C Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices, and (ii) second, the Issuer shall redeem the maximum possible portion of the Other Notes constituting JSC Notes or Management JSC Notes submitted for redemption pursuant to such Other Redemption Notices, pro rata among such Other Notes constituting JSC Notes or Management JSC Notes in proportion to the principal amounts of such Other Notes constituting JSC Notes or Management JSC Notes submitted for redemption pursuant to such Other Redemption Notices.

Appears in 1 contract

Samples: Filo C Note (Tuesday Morning Corp/De)

Redemption by Other Holders. Upon the CompanyIssuer’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company Issuer shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If Subject to the Company terms of each Intercreditor Agreement, if the Issuer receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which that is three (3) Business Days prior to the CompanyIssuer’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the CompanyIssuer’s receipt of the Holder’s Redemption Notice and the Company Issuer is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then then, subject to Section 1(b) and analogous provisions under such Other Notes, the Company Issuer shall redeemredeem the Notes in the following order of priority: (i) first, a the Issuer shall redeem the maximum possible portion of the FILO C Notes submitted for redemption pursuant to such Other Redemption Notices received by the Issuer during such seven (7) Business Day period, pro rata amount from among such FILO C Notes in proportion to the Holder and each holder Principal amounts of the Other Notes based on the Principal amount of this Note and the Other FILO C Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by Notices, and (ii) second, the Company during Issuer shall redeem the maximum possible portion of this JSC Note and the Other Notes constituting JSC Notes or Management JSC Notes submitted for redemption pursuant to such seven (7) Business Day periodRedemption Notice and such Other Redemption Notices, pro rata among this JSC Note and such Other Notes constituting JSC Notes or Management JSC Notes in proportion to the principal amounts of this JSC Note and such Other Notes constituting JSC Notes or Management JSC Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices.

Appears in 1 contract

Samples: JSC Note (Tuesday Morning Corp/De)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Minrad International, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding equivalent provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven five (75) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principalPrincipal, interest Interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven five (75) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven five (75) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cellect Biotechnology Ltd.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 10 (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Crumbs Bake Shop, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other other Notes or First Closing Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) 4 or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 5.2 (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one five (15) Business Day of Days after its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three five (35) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) and the First Closing Notes based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Note Purchase Agreement (Sotherly Hotels Lp)

Redemption by Other Holders. Upon the Company’s receipt of notice from any Holder of the holders of the Other Notes Series 1 Debentures for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b4(c) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 5 (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the each other Holder (which may be by electronic mail e-mail) a copy of such notice. If the Company receives a an Event of Default Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s applicable Event of Default Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the a Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the each Holder and each holder of the Other Notes Series 1 Debentures based on the Principal principal amount of this Note and the Other Notes Series 1 Debentures submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: First Supplemental Indenture (North American Palladium LTD)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the other holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events of an Event of Default or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes a Major Transaction (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder all other Holders by electronic mail facsimile a copy of such noticeOther Redemption Notices. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice Notice, and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Senior Secured Grid Note (Alternative Construction Company, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Additional Convertible Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Convertible Notes (including the Holder) based on the Principal principal amount of this Note and the Other Convertible Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Secured Convertible Note (WorldSpace, Inc)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other other Notes or Second Closing Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) 4 or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 5.2 (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one five (15) Business Day of Days after its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three five (35) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) and the Second Closing Notes based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Note Purchase Agreement (Sotherly Hotels Lp)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b), Section 5(d) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 10 (each, an “Other Redemption Notice”"OTHER REDEMPTION NOTICE"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Senior Secured Convertible Note (Inksure Technologies Inc.)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or the occurrence substantially similar to of one of the events or occurrences described in Section 4(b), Section 5(b) or Section 8 6(b) or pursuant to corresponding equivalent provisions set forth in the Other Notes (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Air Industries Group)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a an Event of Default Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Event of Default Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Event of Default Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Event of Default Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Event of Default Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Convertible Security Agreement (Eterna Therapeutics Inc.)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Purchase Agreement (the “Other Warrants”) as a result of an event or occurrence substantially similar to the events of an Event of Default or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes a Major Transaction (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day periodperiod (as defined in Section 12 below), then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes Warrants (including the Holder) based on the Principal amount number of this Note and the Other Notes Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Warrant Agreement (Alternative Construction Company, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biovest International Inc)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable unable, as a result of having insufficient funds, to redeem all principalPrincipal, interest Interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period, and shall redeem the balance of such principal amount immediately upon its receipt of sufficient funds to do so.

Appears in 1 contract

Samples: Amendment Agreement (Charys Holding Co Inc)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Rancher Energy Corp.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b5(c), Section 6(c), Section 10(a) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 10(b) (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, immediately forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, Notices during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal aggregate principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Global Power Equipment Group Inc/)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an "Other Redemption Notice"), the Company shall immediatelyshall, but no later than one (1) Business Day of its receipt thereofas soon as practicable, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Composite Technology Corp)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment of other Warrants that were issued pursuant to the Securities Purchase Agreement (the “Other Warrants”) as a result of an event or occurrence substantially similar to the events of an Event of Default or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes a Major Transaction (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one five (15) Business Day Days of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes Warrants (including the Holder) based on the Principal amount number of this Note and the Other Notes Warrants submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Warrant Agreement (VirtualScopics, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b3(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 6 (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Waiver and Amendment Agreement (Aclarion, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three two (32) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice and ending on and including the date which is three two (32) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, make-whole amount, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (NewGenIvf Group LTD)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or ), Section 8 or Section 9 or pursuant to corresponding equivalent provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s Redemption Notice and the Company is unable to redeem all principalPrincipal, interest Interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Great Basin Scientific, Inc.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s applicable Redemption Notice or Other Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the Holder’s applicable Redemption Notice or Other Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (Delcath Systems, Inc.)

Redemption by Other Holders. Upon the CompanyIssuer’s receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), ) or Section 5(b) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes (each, an “Other Redemption Notice”), the Company Issuer shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by facsimile or electronic mail a copy of such notice. If Subject to the Company terms of each Intercreditor Agreement, if the Issuer receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which that is three (3) Business Days prior to the CompanyIssuer’s receipt of the Holder’s Redemption Notice and ending on and including the date which is three (3) Business Days after the CompanyIssuer’s receipt of the Holder’s Redemption Notice and the Company Issuer is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company Issuer shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes based on the Principal amount of this FILO C Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company Issuer during such seven (7) Business Day period.

Appears in 1 contract

Samples: Note Purchase Agreement (Tuesday Morning Corp/De)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes or the Additional Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) or Section 8 or pursuant to corresponding equivalent provisions set forth in the Other Notes and the Additional Notes (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one three (13) Business Day Days of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes and the Additional Notes (including the Holder) based on the Principal principal amount of this Note the Notes and the Other Additional Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)

Redemption by Other Holders. Upon the Company’s 's receipt of notice from any of the holders of the Other Notes for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b) ), Section 10 or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 11 (each, an "Other Redemption Notice"), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the Holder by electronic mail facsimile a copy of such notice. If the Company receives a Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s 's receipt of the Holder’s 's Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s 's receipt of the Holder’s 's Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the Holder and each holder of the Other Notes (including the Holder) based on the Principal principal amount of this Note and the Other Notes submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)

Redemption by Other Holders. Upon the Company’s receipt of notice from any Holder of the holders of the Other Notes Series 2 Debentures for redemption or repayment as a result of an event or occurrence substantially similar to the events or occurrences described in Section 4(b), Section 5(b4(c) or Section 8 or pursuant to corresponding provisions set forth in the Other Notes 5 (each, an “Other Redemption Notice”), the Company shall immediately, but no later than one (1) Business Day of its receipt thereof, forward to the each other Holder (which may be by electronic mail e-mail) a copy of such notice. If the Company receives a an Event of Default Redemption Notice and one or more Other Redemption Notices, during the seven (7) Business Day period beginning on and including the date which is three (3) Business Days prior to the Company’s receipt of the Holder’s applicable Event of Default Redemption Notice and ending on and including the date which is three (3) Business Days after the Company’s receipt of the a Holder’s applicable Redemption Notice and the Company is unable to redeem all principal, interest and other amounts designated in such Redemption Notice and such Other Redemption Notices received during such seven (7) Business Day period, then the Company shall redeem, redeem a pro rata amount from the each Holder and each holder of the Other Notes Series 2 Debentures based on the Principal principal amount of this Note and the Other Notes Series 2 Debentures submitted for redemption pursuant to such Redemption Notice and such Other Redemption Notices received by the Company during such seven (7) Business Day period.

Appears in 1 contract

Samples: Second Supplemental Indenture (North American Palladium LTD)

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