Common use of Redemption Procedure Clause in Contracts

Redemption Procedure. The payment of cash pursuant to a Change of Control Redemption shall be payable on the Change of Control Redemption Date. If any portion of the payment pursuant to an Change of Control Redemption shall not be paid by the Company by the applicable due date, interest shall accrue thereon at an interest rate equal to the lesser of 16% per annum or the maximum rate permitted by applicable law until such amount is paid in full. Notwithstanding anything herein contained to the contrary, if any portion of the Change of Control Redemption Amount remains unpaid after such date, the Holder may elect, by written notice to the Company given at any time thereafter, to invalidate such Change of Control Redemption, ab initio, and, with respect to the Company’s failure to honor the Change of Control Redemption, the Company shall have no further right to exercise such Change of Control Redemption. The Holder may elect to convert the outstanding principal amount of the Debenture pursuant to Section 4 (without regard to any limitation in Section 4(d) on the conversion of this Debenture) prior to actual payment in cash for any redemption under this Section 6 by the delivery of a Notice of Conversion to the Company.

Appears in 6 contracts

Samples: Convertible Security Agreement (PLC Systems Inc), Convertible Security Agreement (PLC Systems Inc), Convertible Security Agreement (PLC Systems Inc)

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Redemption Procedure. The payment of cash pursuant to a Change of Control an Optional Redemption shall be payable on the Change of Control Optional Redemption Date. If any portion of the payment pursuant to an Change of Control Optional Redemption shall not be paid by the Company by the applicable due date, interest shall accrue thereon at an interest rate equal to the lesser of 1618% per annum or the maximum rate permitted by applicable law until such amount is paid in full. Notwithstanding anything herein contained to the contrary, if any portion of the Change of Control Optional Redemption Amount remains unpaid after such date, the Holder may elect, by written notice to the Company given at any time thereafter, to invalidate such Change of Control Optional Redemption, ab initio, and, with respect to the Company’s failure to honor the Change of Control Optional Redemption, the Company shall have no further right to exercise such Change Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company’s determination to redeem shall be applied ratably among the Holders of Control RedemptionDebentures. The Holder may elect to convert the outstanding principal amount of the Debenture pursuant to Section 4 (without regard to any limitation in Section 4(d) on the conversion of this Debenture) prior to actual payment in cash for any redemption under this Section 6 by the delivery of a Notice of Conversion to the Company.

Appears in 6 contracts

Samples: Convertible Security Agreement (Inspyr Therapeutics, Inc.), Convertible Security Agreement (Fourth Wave Energy, Inc.), Convertible Security Agreement (Inspyr Therapeutics, Inc.)

Redemption Procedure. The payment of cash Any Repayment in Cash or Repayment in Kind pursuant to a Change of Control an Optional Redemption shall be payable on the Change of Control Optional Redemption Date. If any portion of the payment pursuant to an Change of Control Optional Redemption shall not be paid by the Company by the applicable due date, interest shall accrue thereon at an interest rate equal to the lesser of 1618% per annum or the maximum rate permitted by applicable law until such amount is paid in full. Notwithstanding anything herein contained to the contrary, if any portion of the Change of Control Optional Redemption Amount remains unpaid after such date, the Holder may elect, by written notice to the Company given at any time thereafter, to invalidate such Change of Control Optional Redemption, ab initio, and, with respect to the Company’s failure to honor the Change of Control Optional Redemption, the Company shall have no further right to exercise such Change of Control Optional Redemption. The Holder may elect to convert the outstanding principal amount of the Debenture pursuant to Section 4 (without regard prior to any limitation Repayment in Section 4(d) on the conversion of this Debenture) prior to actual payment Cash or Repayment in cash for any redemption Kind under this Section 6 by the delivery of a Notice of Conversion to the Company.

Appears in 3 contracts

Samples: Convertible Security Agreement (Prairie Operating Co.), Support Agreement (Creek Road Miners, Inc.), Support Agreement (Creek Road Miners, Inc.)

Redemption Procedure. The payment of cash pursuant to a Change of Control an Optional Redemption or shall be payable on the Change of Control Optional Redemption Date. If any portion of the payment pursuant to an Change of Control Optional Redemption shall not be paid by the Company by the applicable due date, interest shall accrue thereon at an interest rate equal to the lesser of 1618% per annum or the maximum rate permitted by applicable law until such amount is paid in full. Notwithstanding anything herein contained to the contrary, if any portion of the Change of Control Optional Redemption Amount remains unpaid after such date, the Holder may elect, by written notice to the Company given at any time thereafter, to invalidate such Change of Control Optional Redemption, ab initio, and, with respect to the Company’s failure to honor the Change of Control Optional Redemption, the Company shall have no further right to exercise such Change Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company’s determination to redeem in cash shall be applied ratably among the Holders of Control RedemptionDebentures. The Holder may elect to convert the outstanding principal amount of the Debenture pursuant to Section 4 (without regard to any limitation in Section 4(d) on the conversion of this Debenture) prior to actual payment in cash for any redemption under this Section 6 by the delivery of a Notice of Conversion to the Company.

Appears in 2 contracts

Samples: Convertible Security Agreement (Defense Technologies International Corp.), Convertible Security Agreement

Redemption Procedure. The payment of cash pursuant to a Change of Control an Optional Redemption shall be payable on the Change of Control Optional Redemption Date. If any portion of the payment pursuant to an Change of Control Optional Redemption shall not be paid by the Company by the applicable due date, interest shall accrue thereon at an interest rate equal to the lesser of 1618% per annum or the maximum rate permitted by applicable law until such amount is paid in full. Notwithstanding anything herein contained to the contrary, if any portion of the Change of Control Optional Redemption Amount remains unpaid after such datethe Optional Redemption Date, the Holder may elect, by written notice to the Company given at any time thereafter, to invalidate such Change of Control Optional Redemption, ab initio, and, with respect to the Company’s failure to honor the Change of Control Optional Redemption, the Company shall have no further right to exercise such Change Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company’s determination to redeem in cash shall be applied ratably among the Holders of Control RedemptionDebentures. The Holder may elect to convert the outstanding principal amount of the Debenture pursuant to Section 4 (without regard to any limitation in Section 4(d) on the conversion of this Debenture) prior to actual payment in cash for any redemption under this Section 6 by the delivery of a Notice of Conversion to the Company.

Appears in 2 contracts

Samples: Security Agreement (HyperSpace Communications, Inc.), Convertible Security Agreement (HyperSpace Communications, Inc.)

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Redemption Procedure. i. The payment of cash pursuant to a Change of Control Monthly Redemption shall be payable on the Change of Control Monthly Redemption Date. If any portion of the payment pursuant to an Change of Control a Monthly Redemption shall not be paid by the Company by the applicable due date, interest shall accrue thereon at an interest rate equal to the lesser of 1615 % per annum or the maximum rate permitted by applicable law until such amount is paid in full. Notwithstanding anything herein contained to the contrary, if any portion of the Change of Control Monthly Redemption Amount remains unpaid after such date, the Holder may elect, by written notice to the Company given at any time thereafter, to invalidate such Change of Control Monthly Redemption, ab initio. Notwithstanding anything to the contrary in this Section 6, and, with respect to the Company’s failure determination to honor redeem in cash shall be applied ratably among the Change Holders of Control Redemption, the Company shall have no further right to exercise such Change of Control RedemptionNotes. The Holder may elect to convert the outstanding principal amount of the Debenture Note pursuant to Section 4 (without regard to any limitation in Section 4(d) on the conversion of this Debenture) prior to actual payment in cash for any redemption under this Section 6 by the delivery of a Notice of Conversion to the Company. ii. [reserved]. iii. [reserved].

Appears in 1 contract

Samples: Convertible Security Agreement (Ensysce Biosciences, Inc.)

Redemption Procedure. The payment of cash pursuant to a Change of Control an Optional Redemption shall be payable made on the Change of Control Optional Redemption Date. If any portion of the cash payment pursuant to for an Change of Control Optional Redemption shall not be paid by the Company by the applicable respective due date, interest shall accrue thereon at an interest the rate equal to the lesser of 1615% per annum (or the maximum rate permitted by applicable law law, whichever is less) until such amount the Optional Redemption Amount, plus all amounts owing thereon is paid in full. Notwithstanding anything herein contained to the contraryAlternatively, if any portion of the Change of Control Optional Redemption Amount remains unpaid after such date, the Holder Holders may elect, by written notice to the Company given at any time thereafter, to invalidate ab initio such Change of Control Redemptionredemption, ab initionotwithstanding anything herein contained to the contrary, and, with respect to the Company’s failure to honor the Change of Control Optional Redemption, the Company shall have no further right to exercise such Change of Control Optional Redemption. The Holder may elect to convert the outstanding principal amount of the Debenture pursuant to Section 4 (without regard to any limitation in Section 4(d) on the conversion of this Debenture) prior to actual payment in cash for any redemption under this Section 6 6(c) by the fax delivery of a Notice of Conversion to the Company. The Company covenants and agrees that it will honor all Conversion Notices tendered from the time of delivery of the Optional Redemption Notice through the date all amounts owing thereon are due and paid in full on such date.

Appears in 1 contract

Samples: Convertible Security Agreement (Recom Managed Systems Inc De/)

Redemption Procedure. The payment of cash pursuant to a Change of Control an Optional Redemption shall be payable on the Change of Control Optional Redemption Date. If any portion of the payment pursuant to an Change of Control Optional Redemption shall not be paid by the Company by the applicable due date, interest shall accrue thereon at an interest rate equal to the lesser of 1618% per annum or the maximum rate permitted by applicable law until such amount is paid in full. Notwithstanding anything herein contained to the contrary, if any portion of the Change of Control Optional Redemption Amount remains unpaid after such date, the Holder may elect, by written notice to the Company given at any time thereafter, to invalidate such Change of Control Optional Redemption, ab initio, and, with respect to the Company’s failure to honor the Change of Control Optional Redemption, the Company shall have no further right to exercise such Change Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company’s determination to redeem in cash shall be applied ratably among the Holders of Control RedemptionDebentures. The Holder may elect to convert the outstanding principal amount of the Debenture pursuant to Section 4 (without regard to any limitation in Section 4(d) on the conversion of this Debenture) prior to actual payment in cash for any redemption under this Section 6 by the delivery of a Notice of Conversion to the Company.

Appears in 1 contract

Samples: Convertible Security Agreement (Digital Ally Inc)

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