Pro Rata Repurchase. Means any purchase of
Shares shares of Common Stock by the
Issuer Company or any Affiliate thereof pursuant to (A) any tender offer or exchange offer subject to Section 13(e)
or 14(e) of the Exchange
Act or Regulation 14E promulgated thereunder Act, or (B)
pursuant to any other offer available to substantially all holders of Common Stock, in
the each case
of both (A) or (B), whether for cash,
Shares, shares of Capital Stock of the Company, other securities of the
Issuer, Company, evidences of
... indebtedness of the Issuer Company or any other Person or any other property (including, without limitation, shares of Capital Stock, other securities or evidences of indebtedness of a subsidiary), Subsidiary of the Company), or any combination thereof, effected while this Convertible Note Warrant is outstanding. outstanding; provided, however, that "Pro Rata Repurchase" shall not include any purchase of shares by the Company or any Affiliate thereof made in accordance with the requirements of Rule 10b-18 as in effect under the Exchange Act. The "Effective Date" of a Pro Rata Repurchase shall mean the date of acceptance of shares of Common Stock for purchase or exchange by the Issuer under any tender or exchange offer which is a Pro Rata Repurchase or the date of purchase of shares of Common Stock with respect to any Pro Rata Repurchase that is not a tender or exchange offer.
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Pro Rata Repurchase. Means any purchase of Shares by the
Issuer Domestic Borrower or any
Affiliate affiliate thereof pursuant to (A) any tender offer or exchange offer subject to Section 13(e) or 14(e) of the Exchange Act or Regulation 14E promulgated thereunder or (B) any other offer available to substantially all holders of Common Stock, in the case of both (A) or (B), whether for cash, Shares, other securities of the
Issuer, Domestic Borrower, evidences of indebtedness of the
Issuer Domestic Borrower or any
... other Person or any other property (including, without limitation, shares of Capital Stock, other securities or evidences of indebtedness of a subsidiary), or any combination thereof, effected while this Convertible Note is outstanding. The "Effective Date" of a Pro Rata Repurchase shall mean the date of acceptance of shares for purchase or exchange by the Issuer Domestic Borrower under any tender or exchange offer which is a Pro Rata Repurchase or the date of purchase with respect to any Pro Rata Repurchase that is not a tender or exchange offer.
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