Regulatory Violation. Upon the occurrence of a Regulatory Violation, in addition to any other rights and remedies to which it may be entitled as a holder of the Notes, the Warrants or the Underlying Common Stock (whether under this Agreement, the Notes, the Warrants, the Company's Certificate of Incorporation or otherwise), each SBIC Holder shall have the right to the extent required under the SBIC Regulations to demand the immediate repurchase of all of the outstanding Securities and Underlying Common Stock owned by such SBIC Holder at a price equal to the purchase price paid for such Securities and Underlying Common Stock, plus all accrued interest on the Notes, by delivering written notice of such demand to the Company. The Company shall pay the purchase price for such Securities and Underlying Common Stock by a cashier's or certified check or by wire transfer of immediately available funds to each SBIC Holder demanding repurchase within thirty (30) days after the Company's receipt of the demand notice, and upon such payment, each such SBIC Holder shall deliver the certificates evidencing the Securities and Underlying Common Stock to be repurchased duly endorsed for transfer or accompanied by duly executed forms of assignment.
Regulatory Violation. Any Regulatory Violation shall have occurred and be continuing.
Regulatory Violation. (1) Upon the occurrence of a Regulatory Violation (as defined below), in addition to any other rights and remedies to which it may be entitled (whether under this Agreement or any other agreement, the Articles of Incorporation or otherwise), such SBIC Holder shall have the right, to the extent required under Section 107.760(b) of the SBIC Regulations, to demand the immediate repurchase of all of the outstanding Securities owned by such SBIC Holder at a price equal to, with respect to the Notes, the aggregate unpaid principal amount (plus all accrued and unpaid interest thereon), with respect to the Series A Preferred, the aggregate liquidation preference thereon (plus all accrued and unpaid dividends thereon, whether or not declared) and with respect to the Warrants and the Warrant Stock, the purchase price paid by such SBIC Holder for such Warrants and Warrant Stock, by delivering written notice of such demand to the Company. The Company shall pay the purchase price for such Securities by a cashier's or certified check or by wire transfer of immediately available funds to such SBIC Holder within 30 days after the Company's receipt of the demand notice, and, upon such payment, such SBIC Holder shall deliver the certificates evidencing the Securities being repurchased duly endorsed for transfer or accompanied by duly executed forms of assignment.
(2) In addition to the foregoing, upon the occurrence of a Regulatory Violation of the type described in clause (iii) of the definition thereof, the SBIC Holder shall have the right to transfer all (or any portion of) the outstanding Equity Interests owned by such SBIC Holder to a transferee without regard to any restriction on transfer set forth in this Agreement or any other agreement executed pursuant to this Agreement or in the Stockholders Agreement or any other agreements delivered pursuant hereto or thereto (provided that the transferee agrees to become a party to this Agreement, the Stockholders Agreement and the Registration Agreement), and the Company shall take all such actions as are reasonably requested by the SBIC Holder in order to (i) effectuate and facilitate any transfer by the SBIC Holder of any Equity Interests then held by the SBIC Holder to any Person designated by the SBIC Holder, (ii) permit the SBIC Holder (or any of its Affiliates) to exchange all or any portion of any Equity Interests that are voting securities then held by it on a share-for-share basis for shares of a nonvoting security ...
Regulatory Violation. Upon the occurrence of a Regulatory Violation or in the event that St. Cloud determines in its good faith judgment that a Regulatory Violation has occurred, in addition to any other rights and remedies to which it may be entitled as a holder of the St. Cloud Securities and any Underlying Common Stock (whether under this Agreement, the instruments evidencing the St. Cloud Securities, the other Loan Documents or otherwise), subject to applicable law, St. Cloud shall have the right to the extent required under the SBIC Regulations to demand the immediate repurchase of all of the outstanding St. Cloud Securities and Underlying Common Stock owned by St. Cloud at a price equal to the purchase price paid for such St. Cloud Securities and Underlying Common Stock, plus all accrued interest on the St. Cloud Note, by delivering written notice of such demand to Borrower. Borrower shall pay the purchase price for such St. Cloud Securities and Underlying Common Stock by a cashier’s or certified check or by wire transfer of immediately available funds to St. Cloud within thirty (30) days after Borrower’s receipt of the demand notice, and upon such payment, St. Cloud shall deliver the certificates evidencing the St. Cloud Securities and Underlying Common Stock to be repurchased duly endorsed for transfer or accompanied by duly executed forms of assignment.
Regulatory Violation. The Contractor violates any Permits, orders, or filings of any regulatory body having jurisdiction over the Contractor relative to this Agreement in such a manner as to materially interfere with Contractor’s present or future ability to perform Contractor’s Obligations under this Agreement, provided the Contractor may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred.
Regulatory Violation. Upon the occurrence of a Regulatory Violation or in the event that Lead Lender determines in its good faith judgment that a Regulatory Violation has occurred, in addition to any other rights and remedies to which it may be entitled as a holder of the Securities under any of the Loan Documents, Lead Lender shall have the right to the extent required under the SBIC Regulations to demand the immediate repayment of the principal balance of the Promissory Notes, plus all accrued interest on the Promissory Notes, by delivering written notice of such demand to Viking. Viking shall make such payment by a cashier’s or certified check or by wire transfer of immediately available funds to Lead Lender within thirty (30) days after Viking’s receipt of the demand notice.
Regulatory Violation. Company violates in any material respect any orders or filings of any regulatory body having jurisdiction over Contractor relative to this Agreement, provided Company may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of the franchise or this Agreement shall be deemed to have occurred.
Regulatory Violation. Upon the occurrence of a Regulatory Violation or in the event that St. Cloud determines in its good faith judgment that a Regulatory Violation has occurred, in addition to any other rights and remedies to which it may be entitled as a holder of the Securities under any of the Transaction Documents, St. Cloud shall have the right to the extent required under the SBIC Regulations to demand the immediate repayment of the principal balance of the Note, plus all accrued interest on the applicable Note, by delivering written notice of such demand to the Company. The Company shall make such payment by a cashier’s or certified check or by wire transfer of immediately available funds to St. Cloud within thirty (30) days after the Company’s receipt of the demand notice.
Regulatory Violation. In the event that the Investor or any of its Affiliates determines that it has a Regulatory Problem (as defined below), the Company agrees to take all such actions as are reasonably requested by the Investor in order (i) to effectuate and facilitate any Transfer by the Investor of any securities of the Company then held by the Investor to any Person designated by the Investor (ii) to permit the Investor (or any of its Affiliates) to exchange all or a portion of any voting security then held by it on a share-for-share basis for shares of a nonvoting security of the Company, which nonvoting security shall be identical in all respects to the voting security exchanged for it, except that it shall be nonvoting and shall be convertible into a voting security on such terms as are requested by the Investor in light of regulatory considerations then prevailing, and (iii) to continue and preserve the respective allocation of the voting interests with respect to the Company provided for in the Securityholders Agreement and with respect to the Investor's ownership of the Common and Preferred Units. Such actions may include, but shall not necessarily be limited to entering into such additional agreements, adopting such amendments to this Agreement and taking such additional actions as are reasonably requested by the Investor in order
Regulatory Violation. In the event that CVC or any of its Affiliates determines that it has a Regulatory Problem (as defined below), the Company agrees to take all such actions as are reasonably requested by CVC in order (i) to effectuate and facilitate any Transfer by CVC of any securities of the Company then held by CVC to any Person designated by CVC (ii) to permit CVC (or any of its Affiliates) to exchange all or a portion of any voting security then held by it on a share-for-share basis for shares of a nonvoting security of the Company, which nonvoting security shall be identical in all respects to the voting security exchanged for it, except that it shall be nonvoting and shall be convertible into a voting security on such terms as are requested by CVC in light of regulatory considerations then prevailing, and (iii) to continue and preserve the respective allocation of the voting interests with respect to the Company provided for in the Securityholders Agreement and with respect to CVC's ownership of the Common and Preferred Units. Such actions may include, but shall not necessarily be limited to entering into such additional agreements, adopting such amendments to this Agreement and taking such additional actions as are reasonably requested by CVC in order to effectuate the intent of the foregoing. For purposes of this Agreement, a "Regulatory Problem" means any set of facts or circumstances wherein it has been asserted by any governmental regulatory agency (or CVC believes that there is a substantial risk of such assertion) that CVC is not entitled to hold, or exercise any significant right with respect to, the Common and Preferred Units.
