Common use of Right to Redemption Clause in Contracts

Right to Redemption. Upon receipt of a written request from the holders of a majority of the then outstanding shares of (x) Series E Preferred Stock, voting as a separate series, and (y) Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and Series D Preferred Stock, voting together as a single class (the “Redemption Request”), at any time on or after the fourth (4th) anniversary of the Series E Original Issue Date, the Corporation shall redeem all, but not less than all, of the shares of Preferred Stock then outstanding in three (3) equal annual installments (each installment date, a “Redemption Date”), commencing on a date not more than forty five (45) days after the receipt of the Redemption Request, for a price per share equal to the appropriate Original Issue Price plus any declared and unpaid dividends per share for such series of Preferred Stock (the “Redemption Price”). On each Redemption Date, the Corporation shall redeem, on a pro rata basis in accordance with the number of shares of each series of Preferred Stock owned by each holder (except as set forth in this Section 4.4(A)), that number of outstanding shares of each series of Preferred Stock determined by dividing (i) the total number of shares of such series of Preferred Stock outstanding immediately prior to such Redemption Date by (ii) the number of remaining Redemption Dates (including the Redemption Date to which such calculation applies) (such number, the “Eligible Shares” in respect of such series). The Corporation shall on each such Redemption Date redeem up to the maximum amount the Corporation may lawfully redeem out of funds legally available therefore in accordance with subsection (B) of this Section 4.4. If on any Redemption Date, the number of shares of Preferred Stock that may then be legally redeemed by the Corporation is less than the number of such shares to be redeemed, then all of the Eligible Shares of Series E Preferred Stock in respect of such Redemption Date shall be redeemed for the applicable Redemption Price prior to the redemption of the Eligible Shares of any other series of Preferred Stock in respect of such Redemption Date and then the remaining Eligible Shares that should have been redeemed in respect of such Redemption Date, but were not, will be redeemed on a pro rata basis from any additional legally available funds or as soon as the Corporation has legally available funds therefor.

Right to Redemption. Upon receipt of a written request from the holders of a majority of the then outstanding shares of (x) Series E Preferred Stock, voting as a separate series, and (y) Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and Series D Preferred Stock, voting together as a single class (the “Redemption Request”), at At any time on or after the fourth (4th) anniversary of the Series E Original Issue DateB Closing, or the date of the occurrence of a Redemption Event as set forth in Section 9.3, or if any holder of Series A Preferred Shares elects to exercise its redemption right under this Section 9, any holder of Series B Preferred Shares may, at any time thereafter, require that the Company redeem all or a portion of the Series B Preferred Shares then held by such holder, prior to the Company’s redemption of any other Preferred Shares, in accordance with the following terms (“Series B Redemption Right”). In the event that a holder of Series B Preferred Shares (the “Requesting Series B Holder”) decides to require the Company to redeem all or a portion of its outstanding Series B Preferred Shares, the Corporation Requesting Series B Holder shall redeem allgive a notice (the “Series B Redemption Notice”) to the Company of its intention. The Company shall promptly, but and in any event within five (5) business days from the receipt of the Series B Redemption Notice, forward a copy of the Series B Redemption Notice to each holder of record of a Series B Preferred Share, at the address last shown on the records of the Company for such holder(s). The Series B Redemption Notice shall state (i) the number of the Series B Preferred Shares requested to be redeemed and (ii) the date on which the requested redemption shall be made by the Company (the “Series B Redemption Date”) which shall be a date not less than all, thirty (30) business days from the date of the shares of Preferred Stock then outstanding in three Series B Redemption Notice. Within fifteen (315) equal annual installments (each installment date, a “Redemption Date”), commencing on a date not more than forty five (45) business days after the receipt of the Series B Redemption RequestNotice by the other holders of the Series B Preferred Shares, for each of the other holders of the Series B Preferred Shares may exercise its right to require the Company to redeem all or a price per share equal to portion of its Series B Preferred Shares on the appropriate Original Issue Price plus any declared Series B Redemption Date by notifying the Company and unpaid dividends per share for such series each other holder of Series B Preferred Stock Shares (including the “Redemption Price”). On each Redemption DateRequesting Series B Holder) in writing of its intention, the Corporation shall redeem, on a pro rata basis in accordance with setting forth the number of shares of each series of the Series B Preferred Stock owned by each holder (except as set forth in this Section 4.4(A)), that number of outstanding shares of each series of Preferred Stock determined by dividing (i) the total number of shares of such series of Preferred Stock outstanding immediately prior to such Redemption Date by (ii) the number of remaining Redemption Dates (including the Redemption Date to which such calculation applies) (such number, the “Eligible Shares” in respect of such series). The Corporation shall on each such Redemption Date redeem up to the maximum amount the Corporation may lawfully redeem out of funds legally available therefore in accordance with subsection (B) of this Section 4.4. If on any Redemption Date, the number of shares of Preferred Stock that may then be legally redeemed by the Corporation is less than the number of such shares Shares it requests to be redeemed, then all of redeemed on the Eligible Shares of Series E Preferred Stock in respect of such Redemption Date shall be redeemed for the applicable Redemption Price prior to the redemption of the Eligible Shares of any other series of Preferred Stock in respect of such Redemption Date and then the remaining Eligible Shares that should have been redeemed in respect of such B Redemption Date, but were not, will any failure or refusal by another holder to exercise its right within such fifteen (15) business day period shall not be deemed a waiver by such holder nor prejudice any right of such holder to require the Company to redeem all or a portion of its Series B Preferred Shares at a later date. Any payment of the Series B Redemption Price (as defined below) shall be made by the Company to all holders whose Series B Preferred Shares are to be redeemed on the same Series B Redemption Date (collectively, the “Redeeming Series B Holders” and each, a “Redeeming Series B Holder”) pro rata basis from any additional legally available funds or as soon as based on the Corporation has legally available funds therefortotal Series B Redemption Price due to each Redeeming Series B Holder in proportion to the aggregate Series B Redemption Price payable by the Company.

Right to Redemption. Upon receipt of If the Company fails to complete a written request from Qualified IPO or a Trade Sale at any time prior to the holders of a majority five (5) year anniversary of the then outstanding shares Initial Series A-1 Closing Date, any holder of (x) Series E Preferred Stock, voting as a separate series, and (y) Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and Series D Preferred Stock, voting together as a single class (the “Redemption Request”)Shares may, at any time on or after the fourth (4th) fifth anniversary of the Initial Series E Original Issue A-1 Closing Date, require that the Corporation Company redeem all or a portion of the Series A Preferred Shares then held by such holder, in accordance with the terms of this Section 7.2. Notwithstanding the foregoing, at no time shall the Company redeem allall or a portion of the Series A Preferred Shares without the prior written consent of one hundred percent (100%) of the holders of the Series A-1 Senior Preferred Shares then outstanding. In the event that that a holder of the then outstanding Series A Preferred Shares is entitled to require the Company to redeem all or a portion of its outstanding Series A Preferred Shares, but and such holder (the “Requesting Series A Holder”) decides to require the Company to redeem all or a portion of its outstanding Series A Preferred Shares, the Requesting Series A Holder shall give a notice (the “Series A Redemption Notice”) to the Company of its intention. The Company shall promptly, and in any event within ten (10) business days from the receipt of the Series A Redemption Notice, forward a copy of the Series A Redemption Notice to each holder of record of a Series A Preferred Shares, at the address last shown on the records of the Company for such holder(s). The Series A Redemption Notice shall state (i) the number of the Series A Preferred Shares requested to be redeemed and (ii) the date on which the requested redemption shall be made by the Company (the “Series A Redemption Date”) which shall be a date not less than all, thirty (30) business days from the date of the shares of Preferred Stock then outstanding in three Series A Redemption Notice. Within fifteen (315) equal annual installments (each installment date, a “Redemption Date”), commencing on a date not more than forty five (45) business days after the receipt of the Series A Redemption RequestNotice by the other holders of the Series A Preferred Shares, for each of the other holders of the Series A Preferred Shares may exercise its right to require the Company to redeem all or a price per share equal to portion of its Series A Preferred Shares on the appropriate Original Issue Price plus any declared Series A Redemption Date by notifying the Company and unpaid dividends per share for such series each other holder of Series A Preferred Stock Shares (including the “Redemption Price”). On each Redemption DateRequesting Series A Holder) in writing of its intention, the Corporation shall redeem, on a pro rata basis in accordance with setting forth the number of shares of each series of the Series A Preferred Stock owned by each holder (except as set forth in this Section 4.4(A)), that number of outstanding shares of each series of Preferred Stock determined by dividing (i) the total number of shares of such series of Preferred Stock outstanding immediately prior to such Redemption Date by (ii) the number of remaining Redemption Dates (including the Redemption Date to which such calculation applies) (such number, the “Eligible Shares” in respect of such series). The Corporation shall on each such Redemption Date redeem up to the maximum amount the Corporation may lawfully redeem out of funds legally available therefore in accordance with subsection (B) of this Section 4.4. If on any Redemption Date, the number of shares of Preferred Stock that may then be legally redeemed by the Corporation is less than the number of such shares Shares it requests to be redeemed, then all of redeemed on the Eligible Shares of Series E Preferred Stock in respect of such Redemption Date shall be redeemed for the applicable Redemption Price prior to the redemption of the Eligible Shares of any other series of Preferred Stock in respect of such Redemption Date and then the remaining Eligible Shares that should have been redeemed in respect of such A Redemption Date, but were not, will any failure or refusal by another holder to exercise its right within such fifteen (15) business day period shall not be deemed a waiver by such holder nor prejudice any right of such holder to require the Company to redeem all or a portion of its Series A Preferred Shares at a later date. Any payment of the Series A Redemption Price (as defined below) shall be made by the Company to all holders whose Series A Preferred Shares are to be redeemed on the same Redemption Date (collectively, the “Redeeming Series A Holders” and each, a “Redeeming Series A Holder”) pro rata basis from any additional legally available funds or as soon as based on the Corporation has legally available funds thereforSeries A Total Redemption Amount due to each Redeeming Series A Holder in proportion to the aggregate Series A Total Redemption Amount payable by the Company.

Right to Redemption. Upon receipt of If the Company fails to complete a written request from Qualified IPO or a Trade Sale at any time prior to the holders of a majority five (5) year anniversary of the then outstanding shares Initial Series A-1 Closing Date, any holder of (xSeries A-1 Senior Preferred Share(s) Series E Preferred Stock, voting as a separate series, and (y) Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock and Series D Preferred Stock, voting together as a single class (the “Redemption Request”)may, at any time on or after the fourth (4th) fifth anniversary of the Initial Series E Original Issue A-1 Closing Date, require that the Corporation shall Company redeem all, but not less than all, all or a portion of the shares Series A-1 Senior Preferred Shares then held by such holder, in accordance with the following terms. In the event that that a holder of Preferred Stock the then outstanding Series A-1 Senior Preferred Shares is entitled to require the Company to redeem all or a portion of its outstanding Series A-1 Senior Preferred Shares, and such holder (the “Requesting Senior Holder”) decides to require the Company to redeem all or a portion of its outstanding Series A-1 Senior Preferred Shares, the Requesting Senior Holder shall give a notice (the “Senior Redemption Notice”) to the Company of its intention. The Company shall promptly, and in three any event within ten (310) equal annual installments business days from the receipt of the Senior Redemption Notice, forward a copy of the Senior Redemption Notice to each holder of record of Series A-1 Senior Preferred Shares, at the address last shown on the records of the Company for such holder(s). The Senior Redemption Notice shall state (each installment date, a i) the number of the Series A-1 Senior Preferred Shares requested to be redeemed and (ii) the date on which the requested redemption shall be made by the Company (the “Senior Redemption Date”), commencing on which shall be a date not more less than forty five thirty (4530) business days from the date of the Senior Redemption Notice. Within fifteen (15) business days after the receipt of the Senior Redemption RequestNotice by the other holders of the Series A-1 Senior Preferred Shares, for each of the other holders of the Series A-1 Senior Preferred Shares may exercise its right to require the Company to redeem all or a price per share equal to portion of its Series A-1 Senior Preferred Shares on the appropriate Original Issue Price plus any declared Senior Redemption Date by notifying the Company and unpaid dividends per share for such series each other holder of Series A-1 Senior Preferred Stock Shares (including the “Redemption Price”). On each Redemption DateSenior Requesting Holder) in writing of its intention, the Corporation shall redeem, on a pro rata basis in accordance with setting forth the number of shares of each series of the Series A-1 Senior Preferred Stock owned by each holder (except as set forth in this Section 4.4(A)), that number of outstanding shares of each series of Preferred Stock determined by dividing (i) the total number of shares of such series of Preferred Stock outstanding immediately prior to such Redemption Date by (ii) the number of remaining Redemption Dates (including the Redemption Date to which such calculation applies) (such number, the “Eligible Shares” in respect of such series). The Corporation shall on each such Redemption Date redeem up to the maximum amount the Corporation may lawfully redeem out of funds legally available therefore in accordance with subsection (B) of this Section 4.4. If on any Redemption Date, the number of shares of Preferred Stock that may then be legally redeemed by the Corporation is less than the number of such shares Shares it requests to be redeemed, then all of redeemed on the Eligible Shares of Series E Preferred Stock in respect of such Redemption Date shall be redeemed for the applicable Redemption Price prior to the redemption of the Eligible Shares of any other series of Preferred Stock in respect of such Redemption Date and then the remaining Eligible Shares that should have been redeemed in respect of such Senior Redemption Date, but were not, will any failure or refusal by another holder to exercise its right within such fifteen (15) business day period shall not be deemed a waiver by such holder nor prejudice any right of such holder to require the Company to redeem all or a portion of its Series A-1 Senior Preferred Shares at a later date. Any payment of the Senior Redemption Price (as defined below) shall be made by the Company to all holders whose Series A-1 Senior Preferred Shares are to be redeemed on the same Senior Redemption Date (collectively, the “Senior Redeeming Holders” and each, a “Senior Redeeming Holder”) pro rata basis from any additional legally available funds or as soon as based on the Corporation has legally available funds thereforTotal Senior Redemption Amount due to each Senior Redeeming Holder in proportion to the aggregate Total Senior Redemption Amount payable by the Company.