Unrestricted Principal definition
Examples of Unrestricted Principal in a sentence
Upon the consummation of any Investor Prepayment, the aggregate outstanding Restricted Principal under this Note shall automatically become Unrestricted Principal hereunder, on a dollar-for-dollar basis, in an amount equal to the aggregate amount of cash paid in such Investor Prepayment.
Upon any Prohibited Transfer (as defined in the Investor Note) of, or Severability Event (as defined in the Investor Note) under, the Investor Note, (x) the Investor Note shall be deemed paid in full and shall be null and void, and (y) 75% of the remaining Restricted Principal of this Note shall be automatically cancelled (with the remaining 25% of the Restricted Principal of this Note automatically becoming Unrestricted Principal hereunder).
At any time from and after the seven month anniversary of the Issuance Date, the Holder shall have the right, in its sole discretion, to require that the Company redeem (an “Early Initial Optional Redemption”) all or any portion of the Initial Unrestricted Principal of this Note by delivering written notice thereof (an “Early Initial Optional Redemption Notice”) to the Company.
The Unrestricted Principal outstanding hereunder, all accrued and unpaid Interest thereon and any other amounts that now or hereafter may be owing by the Company to the Holder with respect thereto shall be subordinate in right of cash payment to the prior payment (or conversion or exchange into Common Stock or other equity securities of the Company, as applicable) and satisfaction in full of the January Notes and the November Notes (other than Permitted Payments, as defined below).
With respect to any given Holder and the Preferred Shares held by such Holder, until such time as at least the Initial Unrestricted Principal (as defined in the applicable Note) of the Note issued to such Holder (or, if the Holder is not a Buyer, then the Note issued to the Buyer of such Preferred Shares held by the Holder) has been paid or converted in accordance with the terms thereof, the Preferred Shares held by such Holder shall not be redeemable at the option of the Company.
With respect to any given Holder, until such time as at least the Initial Unrestricted Principal (as defined in the applicable Note) of the Note issued to such Holder has been paid or converted in accordance with the terms thereof, the Preferred Shares held by such Holder shall not be redeemable at the option of the Company.
Notwithstanding the foregoing or anything contained herein to the contrary, with respect to any given Holder, until such time as the Initial Unrestricted Principal of the Note of such Holder has been paid or converted in accordance with the terms thereof, such Holder may not transfer some or all of its Preferred Shares without the prior written consent of the Company.
Upon the consummation of any Investor Prepayment, the aggregate outstanding Restricted Principal under this Note shall automatically become Unrestricted Principal hereunder (each, a “Prepaid Principal”), on a dollar-for-dollar basis, in an amount equal to the aggregate amount of cash paid in such Investor Prepayment; provided, further, that any Restricted OID related to such Prepaid Principal shall also concurrently become Unrestricted Principal at such time.
Interest on the Unrestricted Principal Amount shall be payable monthly, in arrears, commencing on May 1, 2007, on the first business day of each consecutive calendar month thereafter through and including the Maturity Date, and on the Maturity Date, whether by acceleration or otherwise.
Upon any Prohibited Transfer (as defined in the Investor Note) of the Investor Note, (x) the Investor Note shall be deemed paid in full and shall be null and void, and (y) 75% of the remaining Restricted Principal of this Note shall be automatically cancelled (with the remaining 25% of the Restricted Principal of this Note automatically becoming Unrestricted Principal hereunder).