Common use of Redemption Restrictions Clause in Contracts

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to the Company, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 4 contracts

Samples: Convertible Debenture Purchase Agreement (Reality Wireless Networks Inc), Convertible Debenture Purchase Agreement (Scores Holding Co Inc), Convertible Debenture Purchase Agreement (Pacific Fuel Cell Corp)

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Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures Shares or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to of the CompanyCompany or of any Subsidiary, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such the redemption is required. Interest payable by the Company with respect to any such redemption shall continue to accrue in accordance with Section 4.19 4.12 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Phoenix Network Inc), Preferred Stock Purchase Agreement (Phoenix Network Inc), Convertible Preferred Stock Purchase Agreement (Wave Systems Corp)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares shares otherwise required under this Agreement or the Debentures Registration Rights Agreement would be prohibited in the absence of consent from any lender to of the CompanyCompany or any of the Subsidiaries, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such the redemption is required. Interest payable by the Company with respect to any such redemption shall continue to accrue in accordance with Section 4.19 until such consent is obtained. Nothing contained in this Section 4.21 3.14 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 2 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Compression Labs Inc), Convertible Preferred Stock Purchase Agreement (Infinity Investors LTD)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares Securities otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to of the CompanyCompany or of any Subsidiary, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such the redemption is required. Interest payable by the Company with respect to any such redemption shall continue to accrue in accordance with Section 4.19 4.12 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 2 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Vasomedical Inc), Convertible Preferred Stock Purchase Agreement (Vasomedical Inc)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement Agreement, the Debenture or the Debentures Registration Rights Agreement would be prohibited in the absence of consent from any lender to the CompanyCompany or any of the Subsidiaries, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall continue to accrue in accordance with Section 4.19 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by any of the Purchaser Purchasers of any rights it they may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Accord Advanced Technologies Inc)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to the Company, or by the holders of any class of securities of the Company, the Company shall use its commercially reasonable best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Insite Vision Inc)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to the CompanyCompany or any of the Subsidiaries, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser of any rights it they may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Scores Holding Co Inc)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any repurchase of Convertible Debentures or redemption of the Debentures Shares or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to of the CompanyCompany or of any Subsidiary, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such the redemption is required. Interest payable by the Company with respect to any such repurchase or redemption shall continue to accrue in accordance with Section 4.19 4.12 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser of any rights it they may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Substance Abuse Technologies Inc)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures Debenture, the Warrant, the Warrant Shares or the Underlying Shares otherwise required under this Agreement or the Debentures Debenture would be prohibited in the absence of consent from any lender to the Company, or by the holders of any class of securities of the CompanyCompany or any of the Subsidiaries, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 until such consent is obtained. Nothing contained in this Section 4.21 4.16 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Security Agreement (Miscor Group, Ltd.)

Redemption Restrictions. Notwithstanding any provision of this ------------------------ Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to the Company, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 until such consent ------------ is obtained. Nothing contained in this Section 4.21 shall be construed as a ------------ waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Heritage Worldwide Inc)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to the Company, or by the holders of any class of securities of the CompanyCompany or any of the Subsidiaries, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 4.20 until such consent is obtained. Nothing contained in this Section 4.21 4.22 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Donobi Inc)

Redemption Restrictions. Notwithstanding any provision of this ----------------------- Agreement to the contrary, if any redemption of the Convertible Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures Registration Rights Agreement would be prohibited in the absence of consent from any lender to of the CompanyCompany or any of the Subsidiaries, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such the redemption is required. Interest payable by the Company with respect to any such redemption shall continue to accrue in accordance with Section 4.19 until such consent is obtained. Nothing contained in this Section 4.21 4.7 shall be construed as a waiver by the any Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tamboril Cigar Co)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures Certificate of Designation would be prohibited in the absence of consent from any lender to the CompanyCompany or any of the Subsidiaries, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 4.14 until such consent is obtained. Nothing contained in this Section 4.21 4.12 shall be construed as a waiver by the Purchaser of any rights it they may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (O2diesel Corp)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to the Company, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser Purchasers of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Blue Moon Group Inc)

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Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures Debenture A, the Warrant, the Warrant Shares or the Underlying Shares otherwise required under this Agreement or the Debentures Debenture A would be prohibited in the absence of consent from any lender to the Company, or by the holders of any class of securities of the CompanyCompany or any of the Subsidiaries, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 4.20 until such consent is obtained. Nothing contained in this Section 4.21 4.22 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Global It Holdings Inc)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures Certificate of Designation would be prohibited in the absence of consent from any lender to the CompanyCompany or any of the Subsidiaries, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 4.14 until such consent is obtained. Nothing contained in this Section 4.21 4.16 shall be construed as a waiver by the Purchaser of any rights it they may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Jill Kelly Productions Holding, Inc.)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures Certificate of Designation would be prohibited in the absence of consent from any lender to the CompanyCompany or any of the Subsidiaries, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 5.14 until such consent is obtained. Nothing contained in this Section 4.21 4.12 shall be construed as a waiver by the Purchaser of any rights it they may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (O2diesel Corp)

Redemption Restrictions. Notwithstanding any provision of this ------------------------ Agreement to the contrary, if any redemption of the Debentures or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to the Company, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such redemption is required. Interest payable by the Company with respect to any such redemption shall accrue in accordance with Section 4.19 the terms of the Debenture until such consent is obtained. Nothing contained in this Section 4.21 4.15 shall be construed as a waiver ------------ by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Heritage Worldwide Inc)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures Shares or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to of the CompanyCompany or of any Subsidiary, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such the redemption is required. Interest payable by the Company with respect to any such redemption shall continue to accrue in accordance with Section 4.19 4.16 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Cayenne Software Inc)

Redemption Restrictions. Notwithstanding Notwith standing any provision of this Agreement to the contrary, if any redemption of the Debentures Shares or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to of the CompanyCompany or of any Subsidiary, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such the redemption is required. Interest payable by the Company with respect to any such redemption shall continue to accrue in accordance with Section 4.19 4.16 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Cayenne Software Inc)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures Shares or the Underlying Shares otherwise required under this Agreement or the Debentures Registration Rights Agreement would be prohibited in the absence of consent from any lender to of the CompanyCompany or any of the Subsidiaries, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such the redemption is required. Interest payable by the Company with respect to any such redemption shall continue to accrue in accordance with Section 4.19 until such consent is obtained. Nothing contained in this Section 4.21 3.13 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Stock Purchase Agreement (Illinois Superconductor Corporation)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures Shares, Warrants Underlying Shares or the Underlying Warrant Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to of the CompanyCompany or of any Subsidiary, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such the redemption is required. Interest payable by the Company with respect to any such redemption shall continue to accrue in accordance with Section 4.19 4.10 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser Purchasers of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (National Registry Inc)

Redemption Restrictions. Notwithstanding any provision of this Agreement to the contrary, if any redemption of the Debentures Shares or the Underlying Shares otherwise required under this Agreement or the Debentures would be prohibited in the absence of consent from any lender to of the CompanyCompany or of any Subsidiary, or by the holders of any class of securities of the Company, the Company shall use its best efforts to obtain such consent as promptly as practicable after any such the redemption is required but in no event later than 30 days after the redemption is required. Interest payable by the Company with respect to any such redemption shall continue to accrue in accordance with Section 4.19 4.16 until such consent is obtained. Nothing contained in this Section 4.21 shall be construed as a waiver by the Purchaser of any rights it may have by virtue of any breach of any representation or warranty of the Company herein as to the absence of any requirement to obtain any such consent.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Cayenne Software Inc)

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