Common use of Redemption Event Clause in Contracts

Redemption Event. (a) Upon the occurrence of a Redemption Event each Holder shall have the right to require that the Company repurchase all or any portion of such Holder's New Subordinated Notes (equal to $1,000 or any integral multiple thereof) at a repurchase price in cash equal to 100% of the principal amount thereof plus accrued and unpaid interest, if any, to the date of repurchase (the "Redemption Date"), in accordance with Section 4.4(b). Prior to the mailing of the notice to Holders provided for in Section 4.4(b) below but in any event within five days following any Redemption Event, the Company covenants to (i) repay in full all Debt under the Credit Agreements or to offer to repay in full all such Debt and to repay the Debt of each lender who has accepted such offer or (ii) obtain the requisite consent under the Credit Agreements to permit the repurchase of the New Subordinated Notes as provided for below. The Company shall first comply with the covenant in the preceding sentence before it shall be required to repurchase New Subordinated Notes pursuant to this Section 4.4; provided, however, that the Company's failure to comply with the preceding sentence may constitute a Default under Section 8.1(d). (b) Within five days following any Redemption Event, the Company shall mail a notice to each Holder stating: (i) that a Redemption Event has occurred and that such Holder has the right to require the Company to redeem such Holder's New Subordinated Notes at a repurchase price in cash equal to 100% of the principal amount thereof plus accrued and unpaid interest, if any, to the date of repurchase; (ii) the circumstance and relevant facts regarding such Redemption Event; (iii) the Redemption Date (which shall be no earlier than five days nor later than ten days from the date such notice is mailed); and

Redemption Event. The following are "REDEMPTION EVENTS" under this Section 6(e): (aA) Upon any reclassification of the Common Stock, (B) any Change of Control, or (C) any compulsory share exchange pursuant to which the Common Stock is converted into other securities, cash or property. After the occurrence of a Redemption Event each Holder (A), (B) or (C), the Registered Owner shall have the right at his or its option, to require that exercise the Warrant for shares of stock and other securities, cash and property receivable upon or deemed to be held by holders of Common Stock following such Redemption Event; the Registered Owner shall be entitled upon such exercise to receive such amount of securities, cash or property as if the Registered Owner had exercised the Warrant for the shares of Common Stock issuable upon exercise of the Warrant immediately prior to such Redemption Event (without taking into account any limitations or restrictions on the exercise of the Warrant). In the case of (A), (B) or (C), the Company repurchase all shall not effect any such Redemption Event unless, prior to the consummation thereof, each Person (other than the Company) which may be required to deliver any stock, securities, cash or any portion property upon the exercise of the Warrant as provided herein shall assume, by written instrument delivered and reasonably satisfactory to, the Registered Owner, (a) the obligations of the Company under this Warrant (and if the Company shall survive the consummation of such Holder's New Subordinated Notes (equal to $1,000 or transaction, such assumption shall be in addition to, and shall not release the Company from, any integral multiple thereof) at a repurchase price in cash equal to 100% continuing obligations of the principal amount thereof plus accrued Company under this Warrant), (b) the obligations of the Company under the Purchase Agreement, the Warrant, the Debenture, and unpaid interestthe Registration Rights Agreement, if any, and (c) the obligation to deliver to the date Registered Owner such shares of repurchase (the "Redemption Date")stock, securities, cash or property as, in accordance with the foregoing provisions of this Section 4.4(b6(e). Prior to the mailing of the notice to Holders provided for in Section 4.4(b) below but in any event within five days following any Redemption Event, the Company covenants Registered Owner may be entitled to (ireceive. Nothing in this Section 6(e) repay in full all Debt under the Credit Agreements or to offer to repay in full all such Debt and to repay the Debt of each lender who has accepted such offer or (ii) obtain the requisite consent under the Credit Agreements to permit the repurchase of the New Subordinated Notes as provided for below. The Company shall first comply with the covenant in the preceding sentence before it shall be required deemed to repurchase New Subordinated Notes pursuant to this Section 4.4; provided, however, that the Company's failure to comply with the preceding sentence may constitute a Default under Section 8.1(d). (b) Within five days following any Redemption Event, the Company shall mail a notice to each Holder stating: (i) that a Redemption Event has occurred and that such Holder has the right to require authorize the Company to redeem such Holder's New Subordinated Notes at a repurchase price in cash equal enter into any transaction not otherwise permitted by the Purchase Agreement. This provision shall similarly apply to 100% of the principal amount thereof plus accrued and unpaid interest, if any, to the date of repurchase; (ii) the circumstance and relevant facts regarding such successive Redemption Event; (iii) the Redemption Date (which shall be no earlier than five days nor later than ten days from the date such notice is mailed); andEvents.

Redemption Event. (a) Upon the occurrence of a Redemption ---------------- Event each Holder shall have the right to require that the Company repurchase all or any portion of such Holder's New Subordinated Notes (equal to $1,000 or any integral multiple thereof) at a repurchase price in cash equal to 100% of the principal amount thereof plus accrued and unpaid interest, if any, to the date of repurchase (the "Redemption Date"), in accordance with Section 4.4(b). Prior to the mailing of the notice to Holders provided for in Section 4.4(b) below but in any event within five days following any Redemption Event, the Company covenants to (i) repay in full all Debt under the Credit Agreements or to offer to repay in full all such Debt and to repay the Debt of each lender who has accepted such offer or (ii) obtain the requisite consent under the Credit Agreements to permit the repurchase of the New Subordinated Notes as provided for below. The Company shall first comply with the covenant in the preceding sentence before it shall be required to repurchase New Subordinated Notes pursuant to this Section 4.4; provided, however, that the Company's failure to comply with the preceding sentence may constitute a Default under Section 8.1(d). (b) Within five days following any Redemption Event, the Company shall mail a notice to each Holder stating: (i) that a Redemption Event has occurred and that such Holder has the right to require the Company to redeem such Holder's New Subordinated Notes at a repurchase price in cash equal to 100% of the principal amount thereof plus accrued and unpaid interest, if any, to the date of repurchase; (ii) the circumstance and relevant facts regarding such Redemption Event; (iii) the Redemption Date (which shall be no earlier than five days nor later than ten days from the date such notice is mailed); and (iv) the instructions determined by the Company consistent with this Section, that a Holder must follow in order to have its New Subordinated Notes repurchased. (c) Holders electing to have a New Subordinated Note or New Subordinated Notes repurchased will be required to surrender such New Subordinated Note or New Subordinated Notes, with an appropriate form duly completed, to the Company at the address specified in the notice at least three Business Days prior to the Redemption Date. Holders will be entitled to withdraw their election if the Company receives not later than three Business Days prior to the Redemption Date, a telegram, telex, facsimile transmission or letter setting forth the name of the Holder, the principal amount of the New Subordinated Note which was delivered for redemption by the Holder and a statement that such Holder is withdrawing his election to have such New Subordinated Note redeemed. (d) On the Redemption Date, all New Subordinated Notes redeemed by the Company under this Section shall be delivered to the Company for cancellation, and the Company shall pay the redemption price plus accrued and unpaid interest, if any, to the Holders entitled thereto.