Common use of Company Series A Preferred Stock Clause in Contracts

Company Series A Preferred Stock. (a) As promptly as reasonably practicable following the date of this Agreement, the Company shall exercise its right (the “Preferred Stock Conversion Right”) pursuant to Section 8 of the provisions of the charter of the Company establishing the terms of the Company Series A Preferred Stock (the “Preferred Stock Conversion Provisions”) to require all holders of Company Series A Preferred Stock to convert such shares of Company Series A Preferred Stock into shares of Company Common Stock on the terms and subject to the conditions set forth in the Preferred Stock Conversion Provisions (the “Preferred Stock Conversion”). The Company’s exercise of its Preferred Stock Conversion Right and the Preferred Stock Conversion shall be conducted in accordance with the terms of the Preferred Stock Conversion Provisions; provided, that the date the Preferred Stock Conversion is to be effective shall be no later than one Business Day prior to the Closing Date.

Company Series A Preferred Stock. (a) As On or promptly as reasonably practicable following the date of this AgreementDecember 20, 2009, the Company shall exercise its right (the “Preferred Stock Conversion Right”) pursuant to Section 8 of the provisions of the charter of the Company establishing the terms of the Company Series A Preferred Stock (the “Preferred Stock Conversion Provisions”) to require all holders of Company Series A Preferred Stock to convert such shares of Company Series A Preferred Stock into shares of Company Common Stock on the terms and subject to the conditions set forth in the Preferred Stock Conversion Provisions (the “Preferred Stock Conversion”). The Company’s exercise of its Preferred Stock Conversion Right and the Preferred Stock Conversion shall be conducted in accordance with the terms of the Preferred Stock Conversion Provisions; provided, that the date the Preferred Stock Conversion is to be effective shall be no later than one Business Day business day prior to the Closing Date.

Company Series A Preferred Stock. (a) As promptly as reasonably practicable Promptly following the date of this Agreementhereof, the Company shall exercise its right (the “Preferred Stock Conversion Exchange Right”) pursuant to Section 8 9 of the provisions of the charter of the Company establishing the terms of the Company Series A Preferred Stock (the “Preferred Stock Conversion Exchange Provisions”) to require all holders of Company Series A Preferred Stock to convert exchange such shares of Company Series A Preferred Stock into shares for convertible subordinated debentures of the Company Common Stock on the terms and subject to the conditions set forth in the Preferred Stock Conversion Exchange Provisions (the “Preferred Stock ConversionExchange”). The Company’s exercise of its Preferred Stock Conversion Exchange Right and the Preferred Stock Conversion Exchange shall be conducted in accordance with the terms of the Preferred Stock Conversion Exchange Provisions; provided, that the date the Preferred Stock Conversion Exchange is to be effective shall be no later than one Business Day business day prior to the Closing Date.