Restrictions on Redemption. The Company may not redeem any Notes on any date if the principal amount of the Notes has been accelerated in accordance with the terms of this Indenture, and such acceleration has not been rescinded, on or prior to the Redemption Date (except in the case of an acceleration resulting from a Default by the Company in the payment of the Redemption Price with respect to such Notes).
Restrictions on Redemption. The Issuer may not redeem any Notes on any date if the principal amount of the Notes has been accelerated in accordance with the terms of the Indenture, and such acceleration has not been rescinded, on or prior to the Redemption Date (except in the case of an acceleration resulting from a Default by the Issuer in the payment of the Redemption Price with respect to such Notes).
Restrictions on Redemption. The Company may not redeem any Notes if the Redemption Date would fall after the Maturity Date. In addition, no Notes may be redeemed on any date if the principal amount of the Notes has been accelerated in accordance with the terms of this Indenture, and such acceleration has not been rescinded, on or prior to the Redemption Date (except in the case of an acceleration resulting from a Default by the Company in the payment of the Redemption Price with respect to such Notes).
Restrictions on Redemption. Neither the Company nor any of its Affiliates or Associates may redeem, acquire or purchase for value any Rights at any time in any manner other than that specifically set forth in this Section 23 and other than in connection with the purchase or repurchase by any of them of Common Stock prior to the Distribution Date.
Restrictions on Redemption. (a) The Company may not provide a Notice of Redemption in respect of an Optional Redemption or a Tax Redemption to Holders, if, at the time such Notice of Redemption is to be provided, a resale registration statement is not effective (or is not reasonably expected to remain effective at all times from and after the date such Notice of Redemption is provided until the date that is 90 days following the Redemption Date) and a resale prospectus has not been made available to Holders (or is not reasonably expected to remain available to Holders at all times from and after the date such Notice of Redemption is provided until the date that is 90 days following the Redemption Date) in each case relating to resales of the Ordinary Shares issuable upon conversion of the Notes as contemplated by the Subscription Agreement, regardless of whether the failure of such registration statement to be effective or the non-availability of such resale prospectus constitutes a Registration Default, as such term is defined in the Subscription Agreement.
(b) The Company may not redeem any Notes on any date pursuant to its Optional Redemption right to redeem the Notes pursuant to Section 16.01 or its Tax Redemption right to redeem the Notes pursuant to Section 18.17(b)(i) if the principal amount of the Notes has been accelerated in accordance with the terms of this Indenture, and such acceleration has not been rescinded on or prior to the Redemption Date (except in the case of an acceleration resulting from a Default by the Company in the payment of the Redemption Price with respect to such Notes).
(c) Notwithstanding anything to the contrary in Section 16.04(a) or Section 16.04(b), nothing in this Section 16.04 shall impair Holders’ right to recover a premium equal to the Redemption Premium as provided in the last two sentences of the first paragraph of Section 6.02 (calculated as set forth therein) if the Notes are accelerated or otherwise become due prior to the Maturity Date as a result of or following an Event of Default (including, but not limited to, upon the occurrence of an Event of Default specified in Section 6.01(i) or Section 6.01(j)).
Restrictions on Redemption. Notwithstanding anything to the contrary contained in this Agreement, all redemptions of the Purchased Units by the Company pursuant to this Section 10 shall be subject to applicable restrictions contained in applicable Delaware limited liability company laws or such other governing law, applicable securities laws, and in the Company’s and any of its Subsidiaries’ debt and equity financing agreements. If any such restrictions prohibit (i) the repurchase of Purchased Units hereunder that the Company is otherwise entitled to make or (ii) dividends or other transfers of funds from one or more Subsidiaries of the Company directly or indirectly to the Company to enable such redemptions, then the Company may make such redemptions as soon as it is permitted to make redemptions or receive funds from its Subsidiaries under such restrictions and all time periods set forth in this Section 10 shall be tolled accordingly.
Restrictions on Redemption. Notwithstanding anything in this Article 12, no Notes may be redeemed by the Company on any date if the principal amount of the Notes has been accelerated, and such acceleration has not been rescinded, on or prior to such date (except in the case of an acceleration resulting from a Default by the Company in the payment of the Redemption Price with respect to such Notes). The Paying Agent will promptly return to the respective Holders thereof any Notes evidenced by Individual Securities held by it during the acceleration of the Notes (except in the case of an acceleration resulting from a Default by the Company in the payment of the Redemption Price with respect to such Notes), or any instructions for book-entry transfer of the Notes in compliance with the procedures of the Depositary shall be deemed to have been cancelled, and, upon such return or cancellation, as the case may be, the Redemption Notice with respect thereto shall be deemed to have been withdrawn.
Restrictions on Redemption. Notwithstanding the foregoing, no shares of Class B Redeemable Preferred Stock may be redeemed if such redemption is otherwise prohibited by section (h) of this Certificate of Designations or by the Delaware General Corporation Law. Payments in respect of redemptions with respect to shares of Class B Redeemable Preferred Stock may also be subject to setoff and recoupment as contemplated by section (k) hereof.
Restrictions on Redemption. The Borrower may not redeem any portion of this Note on any date if the principal amount of this Note has been accelerated in accordance with the terms of this Note, and such acceleration has not been rescinded, on or prior to the Redemption Date (except in the case of an acceleration resulting from a Default by the Borrower in the payment of the Redemption Price with respect to this Note).”
Restrictions on Redemption. (a) Xx. Xxxxx shall not cause a Unit Redemption with respect to any portion of the Xxxxx LLC Units if the Board of Directors, after consultation with legal counsel, determines in good faith and in its sole discretion that satisfaction of such Unit Redemption by Parent with shares of Parent Common Stock would jeopardize or endanger the availability to Parent of its net operating loss and net capital loss carryforwards and certain other tax benefits under Section 382 of the Code.
(b) The DGC Trust shall not cause a Unit Redemption with respect to any portion of the Trust LLC Units if the Board of Directors, after consultation with legal counsel, determines in good faith and in its sole discretion that satisfaction of such Unit Redemption by Parent with shares of Parent Common Stock would jeopardize or endanger the availability to Parent of its net operating loss and net capital loss carryforwards and certain other tax benefits under Section 382 of the Code.
(c) Until the Company’s stockholders approve the Stockholder Proposal, Xx. Xxxxx shall not cause a Unit Redemption with respect to any portion of the Xxxxx LLC Units if such Unit Redemption would result in Parent issuing a number of shares of Parent Common Stock that, when aggregated with any shares of Parent Common Stock previously issued in connection with any Unit Redemption of the Xxxxx LLC Units equals or exceeds 11.18% of the outstanding Parent Common Stock as of the Effective Date.
(d) Until the Company’s stockholders approve the Stockholder Proposal, the DGC Trust shall not cause a Unit Redemption with respect to any portion of the Trust LLC Units if such Unit Redemption would result in Parent issuing a number of shares of Parent Common Stock that, when aggregated with any shares of Parent Common Stock previously issued in connection with any Unit Redemption of the Trust LLC Units equals or exceeds 8.81% of the outstanding Parent Common Stock as of the Effective Date.
(e) No LLC Units may be sold, assigned or otherwise transferred by Xx. Xxxxx or the DGC Trust to any Person unless the transferee of such LLC Units agrees in writing in a form acceptable to Parent in its reasonable discretion to be bound by the provisions of this Section 5.03.
