Common use of Void Redemption Clause in Contracts

Void Redemption. In the event that the Company does not pay the Redemption Price within the time period set forth in Section 3(d), at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company to promptly return to such Holder any or all of the Preferred Shares that were submitted for redemption by such Holder under this Section 3 and for which the applicable Redemption Price has not been paid, by sending written notice thereof to the Company via facsimile (the “Void Optional Redemption Notice”). Upon the Company’s receipt of such Void Optional Redemption Notice, (i) the Notice of Redemption at Option of Holder shall be null and void with respect to those Preferred Shares subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any Preferred Shares subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Preferred Shares shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and (B) the lowest Weighted Average Price of the Common Stock during the period beginning on the date on which the Notice of Redemption at Option of Holder is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, Inc)

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Void Redemption. In the event that the Company does not pay the a Redemption Price within the applicable time period set forth in Section 3(d)period, at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company to promptly return to such Holder any or all of the Series B Preferred Shares that were submitted for redemption by such Holder under this Section 3 and for which the applicable Redemption Price has not been paid, by sending written notice thereof to the Company via facsimile or electronic mail (the “Void Optional Redemption Notice”). Upon the Company’s receipt of such Void Optional Redemption Notice, (i) the Redemption Notice of Redemption at Option of Holder shall be null and void with respect to those Series B Preferred Shares subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any Series B Preferred Shares subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Series B Preferred Shares shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and (B) the lowest Weighted Average Price of the Common Stock during the period beginning on the date on which the Redemption Notice of Redemption at Option of Holder is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Telik Inc), Telik Inc

Void Redemption. In the event that the Company does not pay the Redemption Price within the time period set forth in Section 3(d), at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company to promptly return to such Holder any or all of the Preferred Shares that were submitted for redemption by such Holder under this Section 3 and for which the applicable Redemption Price (together with any interest thereon) has not been paid, by sending written notice thereof to the Company via facsimile (the “Void Optional Redemption Notice”). Upon the Company’s receipt of such Void Optional Redemption Notice, (i) the Notice of Redemption at Option of Holder shall be null and void with respect to those Preferred Shares subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any Preferred Shares subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Preferred Shares shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and (B) the lowest Weighted Average Price of the Common Stock during the period beginning on the date on which the Notice of Redemption at Option of Holder is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Devcon International Corp), Securities Purchase Agreement (Brooke Corp)

Void Redemption. In the event that the Company does not pay the Redemption Price within the time period set forth in Section 3(d), at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company to promptly return to such Holder any or all of the Preferred Shares that were submitted for redemption by such Holder under this Section 3 and for which the applicable Redemption Price has not been paid, by sending written notice thereof to the Company via facsimile (the "Void Optional Redemption Notice"). Upon the Company’s 's receipt of such Void Optional Redemption Notice, (i) the Notice of Redemption at Option of Holder shall be null and void with respect to those Preferred Shares subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any Preferred Shares subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Preferred Shares shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and (B) the lowest Weighted Average Price of the Common Stock during the period beginning on the date on which the Notice of Redemption at Option of Holder is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cano Petroleum, Inc), Investors Rights Agreement (Cano Petroleum, Inc)

Void Redemption. In the event that the Company Corporation does not pay the a Triggering Event Redemption Price within the time period set forth in Section 3(d)this Certificate of Designations, at any time thereafter and until the Company Corporation pays such unpaid applicable Triggering Event Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company Corporation to promptly return to such Holder any or all of the Series A Preferred Shares Stock that were submitted for redemption by such Holder under this Section 3 and for which the applicable Triggering Event Redemption Price has not been paid, by sending written notice thereof to the Company Corporation via facsimile (the “Void Optional Redemption Notice”). Upon the CompanyCorporation’s receipt of such Void Optional Redemption Notice, (i) the applicable Notice of Triggering Event Redemption at Option of Holder shall be null and void with respect to those the Series A Preferred Shares Stock subject to the Void Optional Redemption Notice, (ii) the Company Corporation shall immediately return any Series A Preferred Shares Stock subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Series A Preferred Shares Stock shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company Corporation and (B) the lowest Weighted Average Price of the Common Stock during the period beginning on the date on which the applicable Notice of Triggering Event Redemption at Option of Holder is delivered to the Company Corporation and ending on the date on which the Void Optional Redemption Notice is delivered to the CompanyCorporation, as applicable, subject to further adjustment as provided in this Certificate of Designations.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Telik Inc)

Void Redemption. In the event that the Company Corporation does not pay the a Put Triggering Event Redemption Price within the time period set forth in Section 3(d)this Certificate of Designations, at any time thereafter and until the Company Corporation pays such unpaid applicable Put Triggering Event Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company Corporation to promptly return to such Holder any or all of the Series A Preferred Shares Stock that were submitted for redemption by such Holder under this Section 3 and for which the applicable Put Triggering Event Redemption Price has not been paid, by sending written notice thereof to the Company Corporation via facsimile (the "Void Optional Redemption Notice"). Upon the Company’s Corporation's receipt of such Void Optional Redemption Notice, (i) the applicable Redemption Notice of Redemption at Option of Holder shall be null and void with respect to those the Series A Preferred Shares Stock subject to the Void Optional Redemption Notice, (ii) the Company Corporation shall immediately return any Series A Preferred Shares Stock subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Series A Preferred Shares Stock shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company Corporation and (B) the lowest Weighted Average Price of the Common Stock during the period beginning on the date on which the applicable Redemption Notice of Redemption at Option of Holder is delivered to the Company Corporation and ending on the date on which the Void Optional Redemption Notice is delivered to the CompanyCorporation, as applicable, subject to further adjustment as provided in this Certificate of Designations.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vringo Inc)

Void Redemption. In the event that the Company Corporation does not pay the a Fundamental Transaction Redemption Price within the time period set forth in Section 3(d)this Certificate of Designations, at any time thereafter and until the Company Corporation pays such unpaid applicable Fundamental Transaction Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company Corporation to promptly return to such Holder any or all of the Series A Preferred Shares Stock that were submitted for redemption by such Holder under this Section 3 and for which the applicable Fundamental Transaction Redemption Price has not been paid, by sending written notice thereof to the Company Corporation via facsimile (the “Void Optional Redemption Notice”). Upon the Company’s Corporation's receipt of such Void Optional Redemption Notice, (i) the applicable Redemption Notice of Redemption at Option of Holder shall be null and void with respect to those the Series A Preferred Shares Stock subject to the Void Optional Redemption Notice, (ii) the Company Corporation shall immediately return any Series A Preferred Shares Stock subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Series A Preferred Shares Stock shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company Corporation and (B) the lowest Weighted Average Price of the Common Stock during the period beginning on the date on which the applicable Redemption Notice of Redemption at Option of Holder is delivered to the Company Corporation and ending on the date on which the Void Optional Redemption Notice is delivered to the CompanyCorporation, as applicable, subject to further adjustment as provided in this Certificate of Designations.

Appears in 1 contract

Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)

Void Redemption. In the event that the Company does not pay the a Redemption Price within the applicable time period set forth in Section 3(d)period, at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company to promptly return to such Holder any or all of the Series A Preferred Shares that were submitted for redemption by such Holder under this Section 3 and for which the applicable Redemption Price (together with any Late Charges thereon) has not been paid, by sending written notice thereof to the Company via facsimile (the “Void Optional Redemption Notice”). Upon the Company’s receipt of such Void Optional Redemption Notice, (i) the Redemption Notice of Redemption at Option of Holder shall be null and void with respect to those Series A Preferred Shares subject to the Void Optional Redemption Notice and (ii) the Company shall immediately return any Series A Preferred Shares subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any Preferred Shares subject to the Void Optional Redemption Notice, and (iii) the Conversion Price . A Holder’s delivery of such returned Preferred Shares shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the a Void Optional Redemption Notice is delivered and exercise of its rights following such notice shall not affect the Company’s obligations to make any payments of any amounts, including Late Charges, which have accrued prior to the Company and (B) the lowest Weighted Average Price date of the Common Stock during the period beginning on the date on which the Notice of Redemption at Option of Holder is delivered such notice with respect to the Company and ending on the date on which the Void Optional Redemption Notice is delivered Conversion Amount subject to the Companysuch notice.

Appears in 1 contract

Samples: Recapitalization Agreement (Acacia Research Corp)

Void Redemption. In the event that the Company does not pay the Redemption Price within the time period set forth in Section 3(d), at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company to promptly return to such Holder any or all of the Preferred Shares that were submitted for redemption by such Holder under this Section 3 and for which the applicable Redemption Price (together with any interest thereon) has not been paid, by sending written notice thereof to the Company via facsimile (the "Void Optional Redemption Notice"). Upon the Company’s 's receipt of such Void Optional Redemption Notice, (i) the Notice of Redemption at Option of Holder shall be null and void with respect to those Preferred Shares subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any Preferred Shares subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Preferred Shares shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and (B) the lowest Weighted Average Price of the Common Stock Shares during the period beginning on the date on which the Notice of Redemption at Option of Holder is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company.

Appears in 1 contract

Samples: Consent and Waiver Agreement (Interpharm Holdings Inc)

Void Redemption. In the event that the Company does not pay the Redemption Price Monthly Payment Amount to the Holder on a timely basis as described in this Section 4, in addition to any remedy otherwise available to the Holder hereunder or under the Securities Purchase Agreement, such unpaid amount shall bear interest at the applicable Default Rate until paid in full. In the event that the Company does not pay the Monthly Payment Amount, or applicable portion thereof, within the time period set forth in Section 3(d4(c), at any time thereafter and until the Company pays such unpaid applicable Redemption Price Monthly Payment Amount in full, a the Holder shall have the option (the "Void Optional Redemption Option") to, in lieu of redemption, require the Company to promptly return pay interest and Default Interest and to such Holder any or all rescind the Notice of Redemption for that portion of the Preferred Shares that were submitted for redemption by such Holder under this Section 3 Monthly Payment Amount (together with any interest and for Default Interest thereon) which the applicable Redemption Price has not been paid, by sending written notice thereof to the Company via facsimile (the "Void Optional Redemption Notice"). Upon the Company’s 's receipt of such Void Optional Redemption Notice, (i) the Notice of Redemption at Option of Holder pursuant to an Optional Monthly Redemption Right shall be null and void with respect to those Preferred Shares that portion of the Monthly Payment Amount subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any Preferred Shares subject to the Void Optional Redemption Noticerescind such Notice of Redemption, and (iii) the Conversion Exchange Price of such that portion of the Monthly Payment Amount returned Preferred Shares shall be adjusted to the lesser of (A) the Conversion Exchange Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and Company, (B) the lowest Weighted Average Price of trade price for the Common Stock (as reported by Bloomberg) during the period beginning on the date on which the Notice of Redemption at Option of Holder is delivered to the Company Holder and ending on the date on which the Void Optional Redemption Notice is delivered to the CompanyCompany and (C) the Exchange Price in effect on the day that amount is resubmitted for exchange.

Appears in 1 contract

Samples: Dvi Inc

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Void Redemption. In the event that the Company does not pay the Redemption Price within the time period set forth in Section 3(dParagraph 5(d), at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company to promptly return to such Holder any or all of the shares of Series C Preferred Shares Stock that were submitted for redemption by such Holder under this Section 3 Paragraph 5 and for which the applicable Redemption Price (together with any interest thereon) has not been paid, by sending written notice thereof to the Company via facsimile or email (the “Void Optional Redemption Notice”). Upon the Company’s receipt of such Void Optional Redemption Notice, (i) the Notice of Redemption at Option of Holder shall be null and void with respect to those shares of Series C Preferred Shares Stock subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any shares of Series C Preferred Shares Stock subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned shares of Series C Preferred Shares Stock shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and (B) the lowest Weighted Average Price of the Common Stock during the period beginning on the date on which the Notice of Redemption at Option of Holder is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Global Earth Energy, Inc.)

Void Redemption. In the event that the Company does not pay the Redemption Price within the time period set forth in Section 3(d), at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a the Holder shall have the option (the "Void Optional Redemption Option") to, in lieu of redemption, require the Company to promptly return to such the Holder any or all of the Preferred Shares Note that were was submitted for redemption by such Holder under this Section 3 and for which the applicable Redemption Price (together with any interest thereon) has not been paid, by sending written notice thereof to the Company via facsimile (the "Void Optional Redemption Notice"). Upon the Company’s 's receipt of such Void Optional Redemption Notice, (i) the Notice of Redemption at Option of Holder Buyer shall be null and void with respect to those Preferred Shares that portion of the Note subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any Preferred Shares the Note subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Preferred Shares portion of the Note shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and (B) the lowest Weighted Average Closing Bid Price of the Common Stock during the period beginning on the date on which the Notice of Redemption at Option of Holder Buyer is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (8x8 Inc)

Void Redemption. In the event that the Company does not pay the --------------- Redemption Price within the time period set forth in Section 3(d4(d), at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company to promptly return to such Holder any or all of the shares of Series D Preferred Shares Stock that were submitted for redemption by such Holder under this Section 3 4 and for which the applicable Redemption Price (together with any interest thereon) has not been paid, by sending written notice thereof to the Company via facsimile (the “Void Optional Redemption Notice”"VOID OPTIONAL REDEMPTION NOTICE"). Upon the Company’s 's receipt of such Void Optional Redemption Notice, (i) the Notice of Redemption at Option of Holder shall be null and void with respect to those shares of Series D Preferred Shares Stock subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any shares of Series D Preferred Shares Stock subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned shares of Series D Preferred Shares Stock shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and (B) the lowest Weighted Average Price of the Common Stock Shares during the period beginning on the date on which the Notice of Redemption at Option of Holder is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Charys Holding Co Inc)

Void Redemption. In the event that the Company does not pay the Redemption Price within the time period set forth in Section 3(d), at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a Holder the holder shall have the option (the "Void Optional Redemption Option") to, in lieu of redemption, require the Company to promptly return to such Holder any or all of the Preferred Shares holder the Note that were was submitted for redemption by such Holder holder under this Section 3 and for which the applicable Redemption Price (together with any interest thereon) has not been paid, by sending written notice thereof to the Company via facsimile (the "Void Optional Redemption Notice"). Upon the Company’s 's receipt of such Void Optional Redemption Notice, (i) the Notice of Redemption at Option of Holder shall be null and void with respect to those Preferred Shares that portion of the Note subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any Preferred Shares the Note subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Preferred Shares portion of the Note shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and (B) the lowest Weighted Average Closing Bid Price of the Common Stock during the period beginning on the date on which the Notice of Redemption at Option of Holder is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company.

Appears in 1 contract

Samples: Registration Rights Agreement (Britesmile Inc)

Void Redemption. In the event that the Company Corporation does not pay the a Fundamental Transaction Redemption Price within the time period set forth in Section 3(d)this Certificate of Designations, at any time thereafter and until the Company Corporation pays such unpaid applicable Fundamental Transaction Redemption Price in full, a Holder shall have the option to, in lieu of redemption, require the Company Corporation to promptly return to such Holder any or all of the Series A Preferred Shares Stock that were submitted for redemption by such Holder under this Section 3 and for which the applicable Fundamental Transaction Redemption Price has not been paid, by sending written notice thereof to the Company Corporation via facsimile (the "Void Optional Redemption Notice"). Upon the Company’s Corporation's receipt of such Void Optional Redemption Notice, (i) the applicable Redemption Notice of Redemption at Option of Holder shall be null and void with respect to those the Series A Preferred Shares Stock subject to the Void Optional Redemption Notice, (ii) the Company Corporation shall immediately return any Series A Preferred Shares Stock subject to the Void Optional Redemption Notice, and (iii) the Conversion Price of such returned Series A Preferred Shares Stock shall be adjusted to the lesser of (A) the Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company Corporation and (B) the lowest Weighted Average Price of the Common Stock during the period beginning on the date on which the applicable Redemption Notice of Redemption at Option of Holder is delivered to the Company Corporation and ending on the date on which the Void Optional Redemption Notice is delivered to the CompanyCorporation, as applicable, subject to further adjustment as provided in this Certificate of Designations.

Appears in 1 contract

Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)

Void Redemption. In the event that the Company does not pay the Redemption Price within the time period set forth in Section 3(d3(g), at any time thereafter and until the Company pays such unpaid applicable Redemption Price in full, a Holder of Preferred Shares shall have the option (the "Void Optional Redemption Option") to, in lieu of redemption, require the Company to promptly return to such Holder any or all of the Preferred Shares that were submitted for redemption by such Holder under this Section 3 and for which the applicable Redemption Price (together with any interest thereon) has not been paid, by sending written notice thereof to the Company via facsimile (the "Void Optional Redemption Notice"). Upon the Company’s 's receipt of such Void Optional Redemption Notice, (i) the Notice of Redemption at Option of Holder Buyer Upon Triggering Event or the Notice of Redemption at Option of Buyer Upon Major Transaction, as the case may be, shall be null and void with respect to those Preferred Shares subject to the Void Optional Redemption Notice, (ii) the Company shall immediately return any Preferred Shares subject to the Void Optional Redemption Notice, and (iii) the Fixed Conversion Price of such returned Preferred Shares shall be adjusted to the lesser of (A) the Fixed Conversion Price as in effect on the date on which the Void Optional Redemption Notice is delivered to the Company and (B) the lowest Weighted Average Closing Bid Price of the Common Stock during the period beginning on the date on which the Notice of Redemption at Option of Holder Buyer Upon Major Transaction or the Notice of Redemption at Option of Buyer Upon Triggering event, as the case may be, is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company, and (iv) the Conversion Price in effect at such time shall be reduced by the percentage equal to the product of (A) .25 and (B) the number of days in the period beginning on the date which is five business days after the date on which the Notice of Redemption at Option of Buyer Upon Major Transaction or the Notice of Redemption at Option of Buyer Upon Triggering Event, as the case may be, is delivered to the Company and ending on the date on which the Void Optional Redemption Notice is delivered to the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (E-Net Financial Com Corp)

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