Common use of Repurchase Event Clause in Contracts

Repurchase Event. A Repurchase Event shall be defined as the occurrence of any one of the following events: (a) For any period of five consecutive trading days following the date hereof there shall be no Trading Price of the Common Stock on any of the Nasdaq National Market, the NYSE or the AMEX; (b) The Common Stock ceases to be listed for trading on the Nasdaq National Market, the NYSE or the AMEX; (c) Any consolidation or merger of the Company or any subsidiary of the Company with or into another entity (other than a merger or consolidation of a subsidiary of the Company into the Company or a wholly-owned subsidiary of the Company) where the shareholders of the Company immediately prior to such transaction do not collectively own at least 51% of the outstanding voting securities of the surviving corporation of such consolidation or merger immediately following such transaction; (d) The adoption of any amendment to the Company's Certificate of Incorporation (other than any certificate designating a series of preferred stock of the Company) or the taking of any other action which materially and adversely affects the rights of the Holder; (e) The inability for a period of 30 consecutive calendar days or more or any 30 Trading Days or more (whether or not consecutive) of the Holder to sell shares of Common Stock issued upon conversion of this Note pursuant to the Registration Statement required to be filed by the Company pursuant to the Note Purchase Agreement (1) by reason of the requirements of the Act, the 1934 Act or any of the rules or regulations under either thereof or (2) due to the Registration Statement containing any untrue statement of material fact or omitting to state a material fact required to be stated therein or necessary to make the statements therein not misleading or other failure of the Registration Statement to comply with the rules and regulations of the SEC, provided, however, that the number of such days for purposes of the determination in this Section 5.3(e) shall not include any such days when the Registration Statement is unavailable for use for the sale of shares of Common Stock due to the requirement for the Company to amend or supplement the Registration Statement to reflect new or additional information regarding the Holder or the holder of any Other Note or any of their intended plans of distribution so long as the Company shall have used its best efforts to effect such amendment or supplement promptly as required by the Note Purchase Agreement or any Other Note Purchase Agreement, as the case may be; or (f) The occurrence of any Event of Default specified in Article IV of this Note.

Repurchase Event. A Repurchase Event shall be defined as the occurrence of any one of the following events: (a) For any period of five consecutive trading days following the date hereof there shall be no Trading Price of the Common Stock on any of the Nasdaq SmallCap Market, the Nasdaq National Market, the NYSE or the AMEX; (b) The Common Stock ceases to be listed for trading on the Nasdaq SmallCap Market, the Nasdaq National Market, the NYSE or the AMEX; (c) Any consolidation or merger of the Company or any subsidiary of the Company with or into another entity (other than a merger or consolidation of a subsidiary of the Company into the Company or a wholly-owned subsidiary of the Company) where the shareholders of the Company immediately prior to such transaction do not collectively own at least 51% of the outstanding voting securities of the surviving corporation of such consolidation or merger immediately following such transaction; (d) The adoption of any amendment to the Company's Certificate of Incorporation (other than any certificate designating a series of preferred stock of the Company) or the taking of any other action which materially and adversely affects the rights of the Holder; (e) The inability for a period of 30 consecutive calendar days or more or any 30 Trading Days or more (whether or not consecutive) of the Holder to sell shares of Common Stock issued upon conversion of this Note pursuant to the Registration Statement required to be filed by the Company pursuant to the Note Purchase Agreement (1) by reason of the requirements of the Act, the 1934 Act or any of the rules or regulations under either thereof or (2) due to the Registration Statement containing any untrue statement of material fact or omitting to state a material fact required to be stated therein or necessary to make the statements therein not misleading or other failure of the Registration Statement to comply with the rules and regulations of the SEC, provided, however, that ; (f) Any material change in the number of such days for purposes management of the determination in this Section 5.3(e) shall not include any such days when Company, including without limitation, the Registration Statement is unavailable for use for failure of ▇▇▇▇▇▇ ▇▇▇▇▇ to remain as Chairman of the sale Board, President and Chief Executive Officer of shares of Common Stock due to the requirement for the Company to amend or supplement the Registration Statement to reflect new or additional information regarding the Holder or the holder of any Other Note or any of their intended plans of distribution so long as the Company shall have used its best efforts to effect such amendment or supplement promptly as required by the Note Purchase Agreement or any Other Note Purchase Agreement, as the case may beCompany; or (fg) The occurrence of any Event of Default specified in Article IV of this Note.

Repurchase Event. A Repurchase Event shall be defined as the occurrence of any one of the following events: (a) For any period of five consecutive trading days following the date hereof there shall be no Trading Price of the Common Stock on any of the Nasdaq SmallCap Market, the Nasdaq National Market, the NYSE or the AMEX; (b) The Common Stock ceases to be listed for trading on the Nasdaq SmallCap Market, the Nasdaq National Market, the NYSE or the AMEX; (c) Any consolidation or merger of the Company or any subsidiary of the Company with or into another entity (other than a merger or consolidation of a subsidiary of the Company into the Company or a wholly-owned subsidiary of the Company) where the shareholders of the Company immediately prior to such transaction do not collectively own at least 51% of the outstanding voting securities of the surviving corporation of such ouch consolidation or merger immediately following such transaction; (d) The adoption of any amendment to the Company's Certificate of Incorporation (other than any certificate designating a series of preferred stock of the Company) or the taking of any other action which materially and adversely affects the rights of the Holder; (e) The inability for a period of 30 consecutive calendar days or more or any 30 Trading Days or more (whether or not consecutive) of the Holder to sell shares of Common Stock issued upon conversion of this Note pursuant to the Registration Statement required to be filed by the Company pursuant to the Note Purchase Agreement (1) by reason of the requirements of the Act, the 1934 Act or any of the rules or regulations under either thereof or (2) due to the Registration Statement containing any untrue statement of material fact or omitting to state a material fact required to be stated therein or necessary to make the statements therein not misleading or other failure of the Registration Statement to comply with the rules and regulations of the SEC, provided, however, that the number of such days for purposes of the determination in this Section 5.3(e) shall not include any such days when the Registration Statement is unavailable for use for the sale of shares of Common Stock due to the requirement for the Company to amend or supplement the Registration Statement to reflect new or additional information regarding the Holder or the holder of any Other Note or any of their intended plans of distribution so long as the Company shall have used its best efforts to effect such amendment or supplement promptly as required by the Note Purchase Agreement or any Other Note Purchase Agreement, as the case may be; or (f) The occurrence of any Event of Default specified in Article IV of this Note.;

Repurchase Event. A Repurchase Event shall be defined as the occurrence of any one of the following events: (a) For any period of five consecutive trading days following the date hereof there shall be no Trading Price of the Common Stock on any of the Nasdaq SmallCap Market, the Nasdaq National Market, the NYSE or the AMEX; (b) The Common Stock ceases to be listed for trading on the Nasdaq SmallCap Market, the Nasdaq National Market, the NYSE or the AMEX; (c) Any consolidation or merger of the Company or any subsidiary of the Company with or into another entity (other than a merger or consolidation of a subsidiary of the Company into the Company or a wholly-owned subsidiary of the Company) where the shareholders of the Company immediately prior to such transaction do not collectively own at least 51% of the outstanding voting securities of the surviving corporation of such consolidation or merger immediately following such transaction; (d) A restatement or adjustment of the consolidated financial statements of the Company and its subsidiaries as of and for the nine months ended June 30, 1996 which results in any material decrease in stockholders' equity from the amount thereof shown on the Consolidated Balance Sheet of the Company and its subsidiaries as of June 30, 1996 which was included in Amendment No. 1 on Form 10-Q/A to the Company's Quarterly Report on Form 10-Q for the quarter ended June 30, 1996, as filed with the SEC on August 21, 1996. (e) The adoption of any amendment to the Company's Certificate of Incorporation (other than any certificate designating a series of preferred stock of the Company) or the taking of any other action which materially and adversely affects the rights of the Holder; (ef) The inability for a period of 30 consecutive calendar days or more or any 30 Trading Days or more (whether or not consecutive) of the Holder to sell shares of Common Stock issued upon conversion of this Note pursuant to the Registration Statement required to be filed by the Company pursuant to the Note Purchase Agreement (1) by reason of the requirements of the Act, the 1934 Act or any of the rules or regulations under either thereof or (2) due to the Registration Statement containing any untrue statement of material fact or omitting to state a material fact required to be stated therein or necessary to make the statements therein not misleading or other failure of the Registration Statement to comply with the rules and regulations of the SEC, provided, however, that ; (g) Any material change in the number of such days for purposes management of the determination in this Section 5.3(e) shall not include any such days when Company, including without limitation, the Registration Statement is unavailable for use for failure of ▇▇▇▇▇▇ ▇▇▇▇▇ to remain as Chairman of the sale Board, President and Chief Executive Officer of shares of Common Stock due to the requirement for the Company to amend or supplement the Registration Statement to reflect new or additional information regarding the Holder or the holder of any Other Note or any of their intended plans of distribution so long as the Company shall have used its best efforts to effect such amendment or supplement promptly as required by the Note Purchase Agreement or any Other Note Purchase Agreement, as the case may beCompany; or (fh) The occurrence of any Event of Default specified in Article IV of this Note.