Common use of Regulatory Violation Clause in Contracts

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. Upon the occurrence of a Regulatory ViolationViolation or in the event that any SBIC Holder 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 Notes, the Warrants Underlying Common Stock or the Underlying Investor Common Stock (whether under this Agreement, the Notes, the Warrants, the CompanyIntercreditor Agreement, any Security Party'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 Investor Common Stock owned by such SBIC Holder at a price equal to the purchase price paid for such Securities and Underlying Investor Common Stock, plus all accrued interest on the Notes, by delivering written notice of such demand to the Company. The Company or the Borrowers, as applicable, shall pay the purchase price for such Securities and Underlying Investor 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) 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 Investor Common Stock to be repurchased duly endorsed for transfer or accompanied by duly executed forms of assignment.

Regulatory Violation. Upon the occurrence of a Regulatory ViolationViolation (as defined below) or in the event that any SBIC Investor determines in its reasonable 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 Notes, the Warrants or the Underlying Common Stock (whether under this Agreement, the Notes, the Warrants, the Company's Certificate of Incorporation Agreement or otherwiseany other agreement), each such SBIC Holder Investor shall have the right right, to the extent required under the SBIC Regulations Regulations, to demand the immediate repurchase of all of the outstanding Securities and Underlying Common Preferred Stock owned by such SBIC Holder Investor at a price equal to the purchase price paid for such Securities and Underlying Common Stock, Preferred Stock hereunder plus all accrued interest on the Notes, dividends by delivering written notice of such demand to the Company; PROVIDED, HOWEVER, that, in the event of a Regulatory Violation, any SBIC Investor shall, prior to demanding the repurchase of all of the outstanding shares of Preferred Stock owned by such SBIC Investor, use reasonable efforts to retain its investment in the Preferred Stock, including, without limitation, petitioning the SBA for its approval with respect to any unforeseen changes in the principal business activity of the Company. The Company shall pay the purchase price for such Securities and Underlying Common shares of Preferred Stock by a cashier's or certified check or by wire transfer of immediately available funds to each such SBIC Holder demanding repurchase Investor within thirty (30) days after the Company's receipt of the demand notice, and and, upon such payment, each such SBIC Holder Investor shall deliver the certificates certificates, if any, evidencing the Securities and Underlying Common Preferred Stock to be being repurchased duly endorsed for transfer or accompanied by duly executed forms of assignment.

Regulatory Violation. Upon the occurrence of a Regulatory ViolationViolation (as defined below) or in the event that any Purchaser determines in its reasonable 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 Notes, the Warrants or the Underlying Common Stock (whether under this AgreementAgreement or any other agreement, the Notes, the Warrants, the Company's Certificate of Incorporation or otherwise), each SBIC Holder Purchaser shall have the right right, to the extent required under the SBIC Regulations Regulations, to demand in writing that the Company shall cure such Regulatory Violation, and if such Regulatory Violation cannot be cured in a timely manner, the immediate repurchase of all of the outstanding Securities and Underlying Common Stock owned by such SBIC Holder Purchaser at a price equal to the aggregate purchase price paid for such Securities and Underlying Common Stock, hereunder plus all declared and unpaid dividends and/or accrued and unpaid interest on the Notes, thereon 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 such Purchaser within thirty (30) 30 days after the Company's receipt of the demand notice, and and, upon such payment, each such SBIC Holder Purchaser shall deliver the certificates or other instruments evidencing the Securities and Underlying Common Stock to be being repurchased duly endorsed for transfer or accompanied by duly executed forms of assignmentassignment free of any adverse claims.