Common use of Redemption Mechanics Clause in Contracts

Redemption Mechanics. At least 20 but not more than 30 days prior to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation by mail, holder of record (at the close of business on the business day next preceding the day on which the Redemption Notice is given) of shares of Series A convertible Preferred Stock notifying such holder of the redemption and specifying the Redemption Price, the Redemption date and the place where said Redemption Price shall be payable. The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Price, all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Preferred Stock, the holders of shares of Series A convertible Preferred Stock shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which would be payable with respect to the full number of shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Stock not redeemed shall remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for the redemption of such shares of Series A Convertible Preferred Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth above.

Redemption Mechanics. At least 20 but not more than 30 days If a Series A Preferred Holder has submitted a Change of Control Redemption Notice in accordance with Section 5.8(g)(ii), the Partnership shall deliver the applicable Change of Control Redemption Price to such Series A Preferred Holder in cash concurrently with the consummation of such Change of Control if such notice is received prior to the consummation of such Change of Control and within five (5) Business Days after the Partnership’s receipt of such notice otherwise. Notwithstanding anything herein to the contrary, in connection with any redemption hereunder at a time a Series A Preferred Holder is entitled to receive a cash payment under any of the other Series A Preferred Transaction Documents, at the option of such Series A Preferred Holder delivered in writing to the Partnership, the applicable Redemption Date, written notice (the "Redemption Notice") Price hereunder shall be given increased by the Corporation by mailamount of such cash payment owed to such Series A Preferred Holder under such other Series A Preferred Transaction Document and, holder upon payment in full or conversion in accordance herewith, shall satisfy the Partnership’s payment obligation under such other Series A Preferred Transaction Document. In the event of record a redemption of less than all of the Series A Preferred Units, the Partnership shall promptly cause to be issued and delivered to such Series A Preferred Holder a new Preferred Certificate (at in accordance with Section 5.8(l)) representing the close of business on the business day next preceding the day on which the Redemption Notice is given) of shares number of Series A convertible Preferred Stock notifying Units which have not been redeemed. In the event that the Partnership does not pay the applicable Redemption Price to a Series A Preferred Holder within the time period required for any reason (including, without limitation, to the extent such holder payment is prohibited pursuant to the Delaware Act), at any time thereafter and until the Partnership pays such unpaid Redemption Price in full, such Series A Preferred Holder shall have the option, in lieu of redemption, to require the Partnership to promptly return to such Series A Preferred Holder all or any of the Series A Preferred Units that were submitted for redemption and specifying for which the Redemption Price, the Redemption date and the place where said applicable Redemption Price shall be payablehas not been paid. The Upon the Partnership’s receipt of such notice, (x) the applicable Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From null and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Price, all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease void with respect to such sharesSeries A Preferred Units, and (y) the Partnership shall immediately return the applicable Series A Preferred Unit Certificate, or issue a new Series A Preferred Unit Certificate (in accordance with Section 5.8(l)(iv)), to such shares Series A Preferred Holder, and in each case the Additional Amount of such Series A Preferred Units shall not thereafter be transferred on increased by an amount equal to the books difference between (1) the applicable Redemption Price (as the case may be, and as adjusted pursuant to this Section 5.8(g)(iii), if applicable) minus (2) the Stated Value portion of the Corporation or be deemed to be outstanding Conversion Amount submitted for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Preferred Stock, the holders of shares of Series A convertible Preferred Stock shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which would be payable with respect to the full number of shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Stock not redeemed shall remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for the redemption of such shares of Series A Convertible Preferred Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth aboveredemption.

Redemption Mechanics. At least 20 but not more than 30 days prior to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation by mail, postage prepaid, or by telex to non-U.S. residents, to each holder of record (at the close of business on the business day next preceding the day on which the Redemption Notice is given) of shares of Series A convertible Convertible Preferred Stock notifying such holder of the redemption and specifying the Redemption Price, the Redemption date Date and the place where said Redemption Price shall be payable. The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From from and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Price, all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Convertible Preferred Stock, the holders of shares of Series A convertible Convertible Preferred Stock shall share ratably in any funds legally legal available for redemption of such shares according to the respective amounts which would be payable with respect to the full number of shares owned by them if in all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Stock not redeemed shall remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally legal available for the redemption of such shares of Series A Convertible Preferred Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth above.

Redemption Mechanics. At least 20 but not more than 30 days prior After receipt of a Redemption Notice and on the date the Put Right is exercised as indicated in such Redemption Notice, the Company shall redeem the number of Class A Preferred Units as set forth in such Redemption Notice, which amount may include fractional Units, and the redemption amount shall be equal to the Redemption Dateliquidation value of such Class A Preferred Units plus accrued and unpaid distributions in respect of such redeemed Class A Preferred Units, written notice (if any, as of the "Redemption Notice") shall be given by the Corporation by mail, holder date of record (at the close of business on the business day next preceding the day on which the Redemption Notice is given) of shares of Series A convertible Preferred Stock notifying such holder (the “Redemption Amount”). The Company shall distribute the proceeds of the redemption and specifying to the Class A Preferred Member no later than one Business Day following the date the Put Right is exercised as indicated in the Redemption Price, the Redemption date and the place where said Redemption Price shall be payableNotice. The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From and after the close of business on the Redemption Date, unless there shall have been a default in In consideration for the payment of the Redemption PriceAmount specified in this Section 4.5(c), the Class A Preferred Member shall transfer to the Company the number of its Class A Preferred Units to be so redeemed, free and clear of all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to such sharesliens and encumbrances, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Preferred Stock, the holders of shares of Series A convertible Preferred Stock shall share ratably in any funds legally available for redemption of such shares according furnish to the respective amounts which would be payable with respect Company all documentation reasonably required by the Company to the full number of shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Stock not redeemed shall remain outstanding effect and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for evidence the redemption of such shares Class A Preferred Units. If less than all the outstanding Class A Preferred Units are to be redeemed, the selection of Series Class A Convertible Preferred StockUnits for redemption shall be made pro-rata among the outstanding Class A Preferred Units. Upon any redemption of Class A Preferred Units, such funds will Schedule A attached hereto shall be usedamended to reflect the remaining amount of Class A Preferred Units held by the Trust, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth aboveif any.

Redemption Mechanics. At least 20 but not more than 30 60 days prior to the Redemption DateDate (in the case of Section 4.2(i) or (ii) above), or, in the case of Section 4.2(iii) above, no more than three days following the Corporation's receipt of notice of redemption from a holder of Class A Preferred Stock, written notice of the Redemption Date, including a copy of any notice of redemption delivered by a holder of Class A Preferred Stock in the case of Section 4.2(iii) (in any such case, the "Redemption Notice") shall be given delivered by the Corporation by mail, to each holder of record (at the close Class B Preferred Stock by delivery in person of business on the business day next preceding the day on which the Redemption Notice Date. At any time on or prior to five days before the Redemption Date (and, in the case of Section 4.2(iii) above, not less than 10 days after delivery of the Redemption Notice, even if such date is given) after the Redemption Date), written notice shall be given to the Corporation by each holder of Class B Preferred Stock who desires to require the Corporation to redeem shares of Series A convertible Class B Preferred Stock Stock, notifying the Corporation of such holder of the redemption and specifying the Redemption Price, the Redemption date and the place where said Redemption Price shall number of shares of Class B Preferred Stock to be payable. The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporationredeemed from such holder. From and after the close of business on the a Redemption Date, unless there shall have been a default in the payment of the Redemption Price, all rights of holders of shares of Series A Convertible Class B Preferred Stock electing to require the Corporation to redeem the Class B Preferred Stock held by each of them (except the right to receive the Redemption Price) shall cease with respect to the shares to be redeemed on such sharesRedemption Date, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible the Class B Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Class B Preferred StockStock electing to be redeemed on such Redemption Date, the holders of such shares of Series A convertible Preferred Stock shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which that would be payable with respect to them if the full number of shares owned by them if all to be redeemed on such outstanding shares Redemption Date were redeemed in fullactually redeemed. The shares of Series A Convertible Class B Preferred Stock required to be redeemed but not so redeemed shall remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for the redemption of such shares of Series A Convertible Class B Preferred Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth above.

Redemption Mechanics. At least 20 but not more than 30 Within thirty (30) days prior following its receipt of a Redemption Notice, the Corporation shall provide written notice to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation by mail, holder of record (at the close of business on the business day next preceding the day on which that submitted the Redemption Notice is given) of shares of Series A convertible Preferred Stock notifying such holder of the redemption Redemption Date and specifying the Preferred Redemption Price, the Redemption date Price and the place where said Preferred Redemption Price shall be payable. The Redemption Notice notice shall be addressed to each such holder at his its address as shown by the records of the Corporation. Upon receipt of the such notice, the holder of shares of Series A Preferred shall surrender the certificate or certificates representing the shares to be redeemed to the Corporation, duly assigned or endorsed for transfer (or accompanied by duly executed stock powers relating thereto), or shall deliver an affidavit of loss with respect to such certificates at the principal executive office of the Corporation or such other place as the Corporation may from time to time designate by notice to such holder, and on the Redemption Date corresponding to such Redemption Notice each surrendered certificate shall be canceled and retired and the Corporation shall thereafter make payment of the Preferred Redemption Price; provided, however, that if the Corporation has insufficient funds legally available to redeem all shares required to be redeemed, such holder shall, in addition to receiving the payment of the portion of the aggregate Preferred Redemption Price that the Corporation is not legally prohibited from paying to such holder, receive a new stock certificate for those shares of Series A Preferred subject to such Redemption Notice but not so redeemed. From and after the close of business on the Redemption DateDate corresponding to such Redemption Notice, unless there shall have been a default in the payment of the Preferred Redemption Price, all rights of such holders of shares of Series A Convertible Preferred Stock (except the right to receive the Preferred Redemption Price) shall cease with respect to the shares actually redeemed on such sharesRedemption Date, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the such Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Preferred Stocksubject to such Redemption Notice, the holders of such shares of Series A convertible Preferred Stock shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which would be payable with respect to them if the full number of shares owned by them if all to be redeemed on such outstanding shares Redemption Date were redeemed in fullactually redeemed. The shares of Series A Convertible Preferred Stock required to be redeemed but not so redeemed shall remain outstanding and the holder thereof shall be entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for the redemption of such shares of Series A Convertible Preferred StockPreferred, such funds will be used, at the end of the next succeeding fiscal quarter, used to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth above. For purposes of this Section 8(d), all references to any Redemption Date shall be deemed to include both transactions on a Redemption Date and, in the case where the Corporation exercises its deferral right pursuant to Section 8(c), the date of the redemption of the remaining unredeemed shares noticed for redemption.

Redemption Mechanics. At least 20 but not more than 30 60 days prior to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation by mail, to each holder of record (at the close of business on the business day next preceding the day on which the Redemption Notice is given) of shares of Series A convertible Y Preferred Stock notifying such holder of the redemption and specifying the Redemption Price, such Redemption Date, the Redemption date number of shares of Series Y Preferred Stock to be redeemed from such holder and the place where said Redemption Price shall be payablepayable and calling upon such holder to surrender to the Corporation, in the manner and at the place designated his certificate or certificates representing the shares to be redeemed. On or after the Redemption Date, each holder of Series Y Preferred Stock shall surrender to the Corporation the certificate or certificates representing such shares, in the manner and at the place designated in the Redemption Notice, and thereupon the Redemption Price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Price, all rights of holders of shares of Series A Convertible Y Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to the shares to be redeemed on such sharesRedemption Date, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If If, on the Redemption Date, the funds of the Corporation legally available for the redemption of shares of (A) Series A Convertible Y Preferred Stock, (B) Series X Preferred Stock and (C) any other class or series of preferred stock (whenever designated or created) that (1) entitles the holders thereof to cause the Corporation to redeem such shares and (2) is on parity with the Redemption Date Series Y Preferred Stock with respect to redemption by the Corporation, are insufficient to redeem the total number of outstanding shares of Series A convertible Y Preferred Stock, Series X Preferred Stock and any other class or series of preferred stock to be redeemed on such Redemption Date, the holders of such shares of Series A convertible Preferred Stock shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which would be payable with respect to them if the full number of shares owned by them if all to be redeemed on such outstanding shares Redemption Date were redeemed in fullactually redeemed. The shares of Series A Convertible Y Preferred Stock, Series X Preferred Stock and any other class or series of preferred stock required to be redeemed but not so redeemed shall remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for the redemption of such shares of Series A Convertible Y Preferred Stock, Series X Preferred Stock and any other class or series of preferred stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth above. The Series X Preferred Stock shall rank on parity with the Series Y Preferred Stock with respect to redemption by the Corporation.

Redemption Mechanics. At least 20 but not more than 30 days prior to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation by delivery in person, certified or registered mail, return receipt requested, facsimile, telecopier or telex, to each holder of record (at the close of business on the business day next preceding the day on which the Redemption Notice is given) of shares of Series A convertible Preferred Stock notifying such holder of the redemption and specifying the Redemption Price, the Redemption date Date and the place where said Redemption Price shall be payable. The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Price, all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Preferred Stock, the holders of shares of Series A convertible Preferred Stock shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which would be payable with respect to the full number of shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Stock not redeemed shall remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for the redemption of such shares of Series A Convertible Preferred Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally egally available, on the basis set forth above.

Redemption Mechanics. At least 20 but not more than 30 days prior Notwithstanding anything herein to the contrary, in connection with any redemption under this Certificate of Designations at a time a Holder is entitled to receive a cash payment under any of the other Transaction Documents, at the option of such Holder delivered in writing to the Corporation, the applicable Redemption Date, written notice (the "Redemption Notice") Price hereunder shall be given increased by the amount of such cash payment owed to such Holder under such other Transaction Document and, upon payment in full or conversion in accordance herewith, shall satisfy the Corporation’s payment obligation under such other Transaction Document. In the event of a redemption of less than all of the Preferred Shares, the Corporation by mailshall promptly cause to be issued and delivered to such Holder a new Preferred Share Certificate (in accordance with Section 17) representing the number of Preferred Shares which have not been redeemed. In the event that the Corporation does not pay the applicable Redemption Price to a Holder within the time period required for any reason (including to the extent such payment is prohibited pursuant to the NRS), holder at any time thereafter and until the Corporation pays such unpaid Redemption Price in full, such Holder shall have the option, in lieu of record (at redemption, to require the close Corporation to promptly return to such Holder all or any of business on the business day next preceding the day on Preferred Shares that were submitted for redemption and for which the Redemption Notice is given) of shares of Series A convertible Preferred Stock notifying such holder of the redemption and specifying the Redemption Price, the Redemption date and the place where said applicable Redemption Price shall be payable(together with any Late Charges thereon) has not been paid. The Upon the Corporation’s receipt of such notice, (x) the applicable Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From null and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Price, all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease void with respect to such sharesPreferred Shares, and (y) the Corporation shall immediately return the applicable Preferred Share Certificate, or issue a new Preferred Share Certificate (in accordance with Section 17(d)), to such shares Holder, and in each case the Additional Amount of such Preferred Shares shall not thereafter be transferred on increased by an amount equal to the books difference between (1) the applicable Redemption Price (as the case may be, and as adjusted herein, if applicable) minus (2) the Stated Value portion of the Corporation or be deemed to be outstanding Conversion Amount submitted for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Preferred Stock, the holders of shares of Series A convertible Preferred Stock shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which would be payable with respect to the full number of shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Stock not redeemed shall remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for the redemption of such shares of Series A Convertible Preferred Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth aboveredemption.

Redemption Mechanics. At least 20 but not more than 30 days prior to the any Redemption Date, written notice (the "Corporation Redemption Notice") shall be given by the Corporation by delivery in person, certified or registered mail, return receipt requested, facsimile or telex, to each holder of record (at the close of business on the business day next preceding the day date on which the Corporation Redemption Notice is given) of shares of Series A convertible Convertible Preferred Stock notifying such holder of the redemption and specifying the Redemption Price, the Redemption date Date, the consideration to be paid and the place where said Redemption Price redemption shall be payable. The Corporation Redemption Notice shall be addressed to each holder at his his, her or its address as shown by the records of the Corporation. From and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Price, all rights of holders of shares of Series A Convertible Preferred Stock redeemed on such Redemption Date (except the right to receive the applicable Redemption Price) shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Convertible Preferred StockStock to be redeemed, the holders of shares of Series A convertible Convertible Preferred Stock to be redeemed shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which would be payable with respect to the full number of shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Stock not redeemed shall remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for the redemption of such shares of Series A Convertible Preferred Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds fiends are then legally available, available on the basis set forth above.

Redemption Mechanics. At least 20 but not (i) With respect to redemptions pursuant to Section 17.08(a) or Section 17.08(b), the Company shall determine the redemption date (the “Series A Redemption Date”); provided, however, that such date must be no more than thirty 30 days prior to following delivery of the Series A Redemption Notice. Upon the Series A Redemption Date, written notice (the "Redemption Notice") Company shall be given by promptly pay the Corporation by mail, holder of record (at the close of business on the business day next preceding the day on which the Redemption Notice is given) of shares of Series A convertible Preferred Stock notifying such holder Holders the Series A Redemption Price. (ii) Prior to a Series A Redemption Date pursuant to Section 17.08(a) or Section 17.08(b), the Company shall deposit all funds necessary for payment of the redemption and specifying the Redemption Price, the Redemption date and the place where said aggregate Series A Redemption Price shall be payable. The Redemption Notice shall be addressed to each holder at his address of all Series A Preferred Mirror Units not yet redeemed or converted with a bank or trust corporation, separate and apart from its other assets, having aggregate capital and surplus in excess of $100,000,000 as shown by a trust fund for the records benefit of the Corporationrespective Series A Holders, with irrevocable instructions and authority to the bank or trust corporation to pay the Series A Redemption Price for such shares to their respective Series A Holders upon the Series A Redemption Date. From and after As of the close of business on the Series A Redemption Date, unless there the units shall have been a default in be redeemed and shall be deemed to be no longer outstanding, and the payment of the Redemption Price, all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) Holders thereof shall cease to be members with respect to such shares, units and such shares shall not thereafter be transferred on have no rights with respect thereto except the books rights to receive from the bank or trust corporation payment of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds Series A Redemption Price of the Corporation legally available units, without interest, upon the Series A Redemption Date. Such instructions shall also provide that any moneys deposited by the Company pursuant to this Section 17.08(c) for the redemption of shares units converted into Class A Common Units pursuant to this Agreement subsequent to the deposit, shall be returned to the Company forthwith upon such conversion. The balance of any moneys deposited by the Company pursuant to this Section 17.08(c) remaining unclaimed at the expiration of one (1) year following the Series A Convertible Preferred Stock on the Redemption Date shall thereafter be returned to the Company upon its request. (iii) If the assets of the Company legally available or available without breach of any credit agreement to which the Company is then a party (after taking into account all available payment baskets under such agreement) for redemption are insufficient to redeem pay the total number Series A Holders of outstanding shares of Series A convertible Preferred StockMirror Units the full amounts to which they are entitled, the holders of shares of such Series A convertible Preferred Stock Holders shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which would be payable in respect of such units to be redeemed by the Series A Holders thereof, if all amounts payable on or with respect to such units were paid in full and, following the full number Series A Redemption Date, at any time and from time to time when additional assets of shares owned by them if the Company become legally available to redeem the remaining units, the Company shall use such assets to pay the remaining balance of the aggregate Series A Redemption Price, as applicable. (iv) If, on any Series A Redemption Date, all of the units elected to be redeemed pursuant to such outstanding shares were redemption are not redeemed in full. The shares of full by the Company by paying the entire applicable Series A Convertible Preferred Stock not Redemption Price then, until such units are fully redeemed and the aggregate Series A Redemption Price is paid in full, all of the unredeemed units shall remain outstanding and entitled continue to all rights have the rights, preferences and preferences privileges expressed herein, including the accrual and accumulation of distributions thereon as provided herein. At any time thereafter when additional funds of in Section 17.03; provided that the Corporation are legally available for the redemption of such shares of applicable Series A Convertible Preferred Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, Distribution Rate on the basis set forth above.all

Redemption Mechanics. At least 20 but not more than 30 days prior After receipt of a Redemption Notice and on the date the Put Right is exercised as indicated in such Redemption Notice, the Company shall redeem the number of Class A or Class B Preferred Units as set forth in such Redemption Notice, which amount may include fractional Units, and the redemption amount shall be equal to the Redemption Dateliquidation value of such Preferred Units plus accrued and unpaid distributions in respect of such redeemed Preferred Units, written notice (if any, as of the "Redemption Notice") shall be given by the Corporation by mail, holder date of record (at the close of business on the business day next preceding the day on which the Redemption Notice is given) of shares of Series A convertible Preferred Stock notifying such holder (the “Redemption Amount”). The Company shall distribute the proceeds of the redemption and specifying to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in the Redemption Price, the Redemption date and the place where said Redemption Price shall be payableNotice. The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From and after the close of business on the Redemption Date, unless there shall have been a default in In consideration for the payment of the Redemption PriceAmount specified in this Section 4.5(c), the Redeeming Preferred Member shall transfer to the Company the number of its Preferred Units to be so redeemed, free and clear of all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to such sharesliens and encumbrances, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Preferred Stock, the holders of shares of Series A convertible Preferred Stock shall share ratably in any funds legally available for redemption of such shares according furnish to the respective amounts which would be payable with respect Company all documentation reasonably required by the Company to the full number of shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Stock not redeemed shall remain outstanding effect and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for evidence the redemption of such shares Preferred Units. If less than all the outstanding Preferred Units held by the Redeeming Preferred Member are to be redeemed, the selection of Series Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A Convertible attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth aboveUnits held by Trust I and Trust II.

Redemption Mechanics. At least 20 but not more than 30 days prior to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation by mail, postage prepaid, or by telex to non-U.S. residents, to each holder of record (at the close of business on the business day next preceding the day on which the Redemption Notice is given) of shares of Series A convertible Convertible Preferred Stock notifying such holder of the redemption and specifying the Redemption Price, the Redemption date Date and the place where said Redemption Price shall be payable. The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From and after the close of business on the Redemption Datedate, unless there shall have been a default in the payment of the Redemption Price, all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Convertible Preferred Stock, the holders of shares of Series A convertible Convertible Preferred Stock shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which would be payable with respect to the full number of shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Stock not redeemed shall remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for the redemption of such shares of Series A Convertible Preferred Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth above.