Change in Control Redemption Date definition

Change in Control Redemption Date has the meaning specified in Section 3.02. "Closing Sale Price" of the shares of Common Stock on any date means the closing sale price per share (or, if no closing sale price is reported, the average of the closing bid and ask prices or, if more than one in either case, the average of the average closing bid and the average closing ask prices) on such date as reported in composite transactions for the principal United States securities exchange on which shares of Common Stock are traded or, if the shares of Common Stock are not listed on a United States national or regional securities exchange, as reported by Nasdaq or by the National Quotation Bureau Incorporated. In the absence of such quotations, the Company shall be entitled to determine the Closing Sale Price on the basis it considers appropriate. The Closing Sale Price shall be determined without reference to extended or after hours trading.

Change in Control Redemption Date has the meaning specified in Section 3.04(f)(ii)(C).

Examples of Change in Control Redemption Date in a sentence

• The Company may only effect a Change in Control Redemption if each of the Equity Conditions shall have been met (unless waived in writing by the Required Holders) on each Trading Day during the period commencing on the Change in Control Redemption Notice Date through to the Change in Control Redemption Date and through and including the date payment of the Change in Control Redemption Amount is actually made in full.

• The Corporation will notify the holders of 8% Preferred Stock, Series A of the results of the Change of Control Offer on or as soon as practicable after the Change in Control Redemption Date.

• The Corporation shall redeem the number of shares so specified on the Change in Control Redemption Date fixed by the Corporation or as provided in the preceding sentence.

• Notwithstanding anything in the foregoing to the contrary, if the Conversion Date shall occur with respect to any shares of Series A Preferred Stock on or prior to any Mandatory Redemption Date or Change in Control Redemption Date, such shares of Series A Preferred Stock shall be converted by the Corporation into Common Stock in the manner provided in this Section A.

• At any time thereafter when additional funds of the Company are legally available for the redemption of shares of A Preferred Stock and such Parity Capital Stock, such funds shall immediately be used to redeem the balance of the shares which the Company has become obligated to redeem on the Redemption Date or the Change in Control Redemption Date, as applicable, but which it has not redeemed.

• On the Change in Control Redemption Date, the Company shall (x) accept for payment on a pro rata basis A Preferred Stock or portions thereof validly tendered pursuant to an Offer to Purchase and (y) pay the Holder the Change of Control Redemption Price of all A Preferred Stock or portions thereof so accepted.

• The Company will notify the holders of Series C Preferred Stock of the results of the Change in Control offer on or as soon as practicable after the Change in Control Redemption Date.

• At any time thereafter when additional funds of the Company are legally available for the redemption of shares of AA Preferred Stock and such Parity Capital Stock, such funds shall immediately be used to redeem the balance of the shares which the Company has become obligated to redeem on the Redemption Date or the Change in Control Redemption Date, as applicable, but which it has not redeemed.

• On the Change in Control Redemption Date, the Company shall (x) accept for payment on a pro rata basis Convertible Preferred Stock or portions thereof validly tendered pursuant to an Offer to Purchase and (y) pay the Holder the Change of Control Redemption Price of all Convertible Preferred Stock or portions thereof so accepted.

• Upon the occurrence of a "Change in Control", each holder of Series C Preferred Stock shall have the right to require the redemption of its Series C Preferred Stock by the Company in cash, pursuant to the offer described below (the "Change in Control Offer") at a price equal to 101% of the par value per share plus a sum equal to all dividends accrued and unpaid thereon (if any) to the related Change in Control Redemption Date.