Common use of Regulatory Violation Clause in Contracts

Regulatory Violation. Upon the occurrence of a Regulatory Violation 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 Notes, Underlying Common Stock or Investor Common Stock (whether under this Agreement, the Notes, the Warrants, the Intercreditor 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 Investor Common Stock owned by such SBIC Holder at a price equal to the purchase price paid for such Securities and 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 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 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 Investor Common Stock to be repurchased duly endorsed for transfer or accompanied by duly executed forms of assignment.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Thane International Inc), Note and Warrant Purchase Agreement (Thane International Inc)

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Regulatory Violation. Upon the occurrence of a Regulatory Violation or in the event that any SBIC Holder determines in its good faith judgment that a Regulatory Violation has occurredViolation, 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 or Investor Common Stock (whether under this Agreement, the Notes, the Warrants, the Intercreditor Agreement, any Security PartyCompany'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 Investor Underlying Common Stock owned by such SBIC Holder at a price equal to the purchase price paid for such Securities and Investor Underlying 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 Investor 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 30 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 Investor Underlying Common Stock to be repurchased duly endorsed for transfer or accompanied by duly executed forms of assignment.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (St Cloud Capital Partners Lp), Note and Warrant Purchase Agreement (Concepts Direct Inc)

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