Prepayment at the Option of the Company Clause Samples

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Prepayment at the Option of the Company. Subject to the provisions of this Section 2(d) and Section 4.16 of the Purchase Agreement, at any time on or after the one (1)-year anniversary of the Original Issue Date of this Note, the Company may, provided that the Equity Conditions are satisfied (subject to the proviso below), deliver a notice to the Holder (a “Prepayment Notice” and the date such notice is deemed delivered hereunder, the “Prepayment Notice Date”) of its irrevocable election to prepay all, but not less than all, of the then outstanding principal amount of this Note (including, for the avoidance of doubt, any original issue discount) for cash in an amount equal to the entire outstanding principal amount of this Note, all accrued and unpaid interest hereunder, the applicable Prepayment Premium and all other amounts due and payable hereunder (the “Prepayment Amount”) on the thirtieth (30th) Trading Day following the Prepayment Notice Date (such date, the “Prepayment Date”, such thirty (30) Trading Day period, the “Prepayment Period”); provided, that if this Note is not In-the-Money on the Trading Day immediately preceding the Prepayment Notice Date, then only clauses (b), (e) and (f) of the definition of “Equity Conditions” shall be required to be satisfied on the Prepayment Notice Date and during the Prepayment Period. And, for the avoidance of doubt, when this Note is In-the-Money all Equity Conditions must be satisfied. The Prepayment Amount shall be due and payable in full in cash (by wire transfer of immediately available funds to the account of the Holder) on the Prepayment Date. Notwithstanding the foregoing, if the Equity Conditions cease to be satisfied on any Trading Day during the Prepayment Period (subject to the proviso below), then, at the option of the Holder, the Prepayment Notice may be deemed void ab initio, withdrawn and of no force and effect; provided, that, if this Note is not In-the-Money on the Trading Day immediately preceding the Prepayment Notice Date, then only clauses (b), (e) and (f) of the definition of “Equity Conditions” shall be required to be satisfied during the Prepayment Period. The Company covenants and agrees that it will honor all Notices of Conversion tendered by the Holder at any time, and from the time, after the delivery of the Prepayment Notice through the date all amounts owing thereon are due and paid in full. The Company will, concurrently with the delivery of the Prepayment Notice to the Holder, publicly announce its intention to prepay ...
Prepayment at the Option of the Company. Notwithstanding anything contained herein to the contrary, except as expressly set forth in Section 2(e), prior to the date that is eighteen (18) months following the Original Issue Date, the Company may not prepay all or any portion of this Debenture without the prior written consent of the Holder. Thereafter, at any time prior to the Maturity Date, upon five (5) Trading Days’ prior written notice to the Holder, the Company may prepay all, but not less than all, of this Debenture in cash by paying to the Holder an amount in cash equal to one hundred ten percent (110%) of the entire outstanding principal balance plus all accrued and unpaid interest thereon.
Prepayment at the Option of the Company. This Debenture may not be prepaid without the prior written notice by the Company at least 30 days prior to the prepayment date. Any prepayment shall be applied as follows: first, to accrued interest; and second, to principal. No further interest will accrue on the portion of the Debenture to be prepaid from and after the date fixed for prepayment if payment of the prepayment amount has been made or duly provided for.
Prepayment at the Option of the Company. Upon the exercise by the Company of its option to cause the Bond or any portion thereof to be redeemed pursuant to Section 2 of the Bond Purchase Agreement, the Company shall prepay Lease Payments in whole or in part at the time and at the prepayment prices sufficient to redeem all or a corresponding portion of the Bond then outstanding in accordance with said Section 2 of the Bond Purchase Agreement.
Prepayment at the Option of the Company. At any time following the sixth month after the Effective Date, upon delivery of a written notice to the Holder (a "COMPANY PREPAYMENT NOTICE" and the date such notice is delivered by the Company, the "COMPANY NOTICE DATE"), the Company shall be entitled to prepay all or any portion of the outstanding principal amount of this Note plus any accrued and unpaid interest thereon for an amount in cash equal to the Company Prepayment Price. Notwithstanding anything to the contrary, the Company shall only be entitled to deliver a Company Prepayment Notice pursuant to the terms hereof if the Equity Conditions are satisfied with respect to all shares of Common Stock issuable pursuant to the Transaction Documents on the Company Notice Date. If any of the Equity Conditions shall cease to be in effect during the period between the Company Notice Date and the date the Company Prepayment Price is paid in full, then the Holder subject to such prepayment may elect, by written notice to the Company given at any time after any of the Equity Conditions shall cease to be in effect, to invalidate AB INITIO such optional prepayment, notwithstanding anything herein contained to the contrary. The Holder may, within 5 Trading Days of its receipt of the Company Prepayment Notice, convert any portion of the outstanding principal amount of this Note and any accrued and unpaid interest thereon subject to a Company Prepayment Notice. Once delivered, the Company shall not be entitled to rescind a Company Prepayment Notice.
Prepayment at the Option of the Company. Notwithstanding anything contained herein to the contrary, except as expressly set forth in Section 2(e), prior to the date that is eighteen (18) months following the Original Issue Date, the Company may not prepay all or any portion of this Debenture without the prior written consent of the Holder. Notwithstanding the foregoing, the Company may prepay all, but not less than all, of this Debenture in cash by paying to the Holder an amount in cash equal to one hundred ten percent (110%) of the entire outstanding principal balance plus all accrued and unpaid interest thereon at any time (i) following such 18-month period, or (ii) upon consummation of a Change of Control, in each case, upon ten (10) Trading Days’ prior written notice to the Holder. Such prepayment shall be made by the Company by wire transfer of immediately available funds to the Holder, in the case of clause (i), immediately upon the expiration of such ten (10) Trading Day notice period or, in the case of clause (ii), upon (but not earlier than) the consummation of the Change of Control. For the avoidance of doubt, the Holder shall be entitled to convert all or any portion of this Debenture pursuant to Section 4(b) until the Company makes such prepayment in immediately available funds in accordance with the preceding sentence.

Related to Prepayment at the Option of the Company

  • Redemption at the Option of the Company Unless a Redemption Right is specified on the face hereof, this Security shall not be redeemable at the option of the Company before the Maturity Date specified on the face hereof. If a Redemption Right is so specified, this Security may be redeemed at the option of the Company on any Business Day on and after the date, if any, specified on the face hereof (each, a "Redemption Date"). This Security may be redeemed on any Redemption Date in whole or in part in increments of $1,000 (an "Authorized Denomination") at the option of the Company at a redemption price equal to 100% of the principal amount to be redeemed, together with accrued interest to the Redemption Date, on written notice given not more than 60 days nor less than 5 days prior to the proposed Redemption Date. In the event of redemption of this Security in part only, a new Security for the unredeemed portion hereof shall be issued in the name of the Holder hereof upon the surrender hereof.

  • Repayment at the Option of the Holder Unless a Repayment Right is specified on the face hereof, this Security shall not be repayable at the option of the Holder on any date prior to the Maturity Date specified on the face hereof, other than in connection with any applicable Survivor's Option (defined below). If a Repayment Right is so specified, this Security is subject to repayment at the option of the Holder on any Interest Payment Date on and after the date, if any, indicated on the face hereof (each, a "Repayment Date"). On any Repayment Date, this Security shall be repayable in whole or in part in increments of $1,000 at the option of the Holder hereof at a repayment price equal to 100% of the principal amount to be repaid, together with accrued interest thereon to the Repayment Date. In order for a Security to be repaid in whole or in part at the option of the Holder, the Trustee must receive, at the Corporate Trust Office, or such other office of which the Company shall from time to time notify the Holders of the Securities, at least 30 days but not more than 60 days prior to the Repayment Date on which this Security is to be repaid, this Security with the form entitled "Option to Elect Repayment" below duly completed. Once this Security is delivered for repayment, the Holder may not revoke its exercise of the repayment option.

  • Redemption at the Option of the Issuer The Issuer may (if this Condition 6.2 is specified in the relevant Final Terms as being applicable) having given at least 30 days but not more than 60 days’ notice (or such period as specified in the relevant Final Terms) to PR Debt Instrument Holders in accordance with Condition 18 (which notice must comply with the following paragraph and shall be irrevocable) and subject to satisfaction of any relevant conditions specified in the relevant Final Terms redeem all (but not, unless and to the extent that the relevant Final Terms specify otherwise, some only) of the PR Debt Instruments on the date specified in the Final Terms (“Optional Redemption Date”) at their early redemption amount (call) (“Early Redemption Amount (Call)”) (which shall be their outstanding nominal amount or a percentage of their outstanding nominal amount as specified in the Final Terms) together with accrued interest (if any) thereon. The notice referred to in the preceding paragraph shall specify: (a) the Series of PR Debt Instruments subject to redemption; (b) whether such Series is to be redeemed in whole or in part only and, if in part only, the aggregate nominal amount of the PR Debt Instruments of the relevant Series which are to be redeemed; (c) the due date for redemption; (d) the Early Redemption Amount (Call) at which such PR Debt Instruments are to be redeemed; and (e) whether or not accrued interest is to be paid upon redemption and, if so, the amount thereof or the basis or method of calculation thereof, all as specified in the relevant Final Terms. In the case of a partial redemption of PR Debt Instruments, the PR Debt Instruments to be redeemed will be selected by the I&P Agent or in the case of a Tranche represented wholly by Registered PR Debt Instruments, the Registrar, and notice of the PR Debt Instruments called for redemption (together with the serial numbers thereof) will be published in accordance with Condition 18 not less than 15 days prior to the date fixed for redemption.

  • REPAYMENT AT THE OPTION OF HOLDERS Section 1301. Applicability of Article. Securities of any series which are repayable at the option of the Holders thereof before their Stated Maturity shall be repaid in accordance with the terms of the Securities of such series. The repayment of any principal amount of Securities pursuant to such option of the Holder to require repayment of Securities before their Stated Maturity, for purposes of Section 309, shall not operate as a payment, redemption or satisfaction of the indebtedness represented by such Securities unless and until the Company, at its option, shall deliver or surrender the same to the Trustee with a directive that such Securities be cancelled. Notwithstanding anything to the contrary contained in this Section 1301, in connection with any repayment of Securities, the Company may arrange for the purchase of any Securities by an agreement with one or more investment bankers or other purchasers to purchase such Securities by paying to the Holders of such Securities on or before the applicable repayment date an amount not less than the repayment price payable by the Company on repayment of such Securities, and the obligation of the Company to pay the repayment price of such Securities shall be satisfied and discharged to the extent such payment is so paid by such purchasers. Unless otherwise expressly stated in this Indenture or pursuant to Section 301 with respect to the Securities of any series or unless the context otherwise requires, all references in this Indenture to the repayment of Securities at the option of the Holders thereof (and all references of like import) shall be deemed to include a reference to the repurchase or redemption of Securities at the option of the Holders thereof.

  • Redemptions at the Option of the Trust The Trust shall have the right, at its option, upon 30 days notice to the affected Shareholder at any time to redeem Shares of any Shareholder at the net asset value thereof as described in Section 1 of this Article VI: (i) if at such time such Shareholder owns Shares of any Series having an aggregate net asset value of less than a minimum value determined from time to time by the Trustees; or (ii) to the extent that such Shareholder owns Shares of a Series equal to or in excess of a maximum percentage of the outstanding Shares of such Series determined from time to time by the Trustees; or (iii) to the extent that such Shareholder owns Shares equal to or in excess of a maximum percentage, determined from time to time by the Trustees, of the outstanding Shares of the Trust.