Common use of Company’s Response Clause in Contracts

Company’s Response. Upon receipt by the Company of a facsimile copy of a Conversion Notice, the Company shall immediately send, via facsimile, a confirmation of receipt of such Conversion Notice to such holder. Upon receipt by the Company of a copy of the fully executed Conversion Notice, the Company or its designated transfer agent (the “Transfer Agent”), as applicable, shall, within three (3) business days following the date of receipt by the Company of the fully executed Conversion Notice (so long as the applicable Preferred Stock Certificates and original Conversion Notice are received by the Company on or before such third business day), issue and deliver to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) as specified in the Conversion Notice, registered in the name of the holder or its designee, for the number of shares of Common Stock to which the holder shall be entitled. If the number of shares of Preferred Stock represented by the Preferred Stock Certificate(s) submitted for conversion is greater than the number of shares of Series C Preferred Stock being converted, then the Company shall, as soon as practicable and in no event later than three (3) business days after receipt of the Preferred Stock Certificate(s) and at the Company’s expense, issue and deliver to the holder a new Preferred Stock Certificate representing the number of shares of Series C Preferred Stock not converted.

Company’s Response. Upon receipt by the Company of a facsimile copy of a Conversion Notice, the Company shall immediately send, via facsimile, a confirmation of receipt of such Conversion Notice to such holderHolder and the Transfer Agent, which confirmation shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein. Upon receipt by the Company of a copy Transfer Agent of the fully executed Preferred Stock Certificates to be converted pursuant to a Conversion Notice, the Company or its designated transfer agent (the “Transfer Agent”), as applicable, Agent shall, within three (3) on the next business days day following the date of receipt by (or the Company second business day following the date of receipt if received after 11:00 a.m. local time of the fully executed Conversion Notice (so long as the applicable Preferred Stock Certificates and original Conversion Notice are received by the Company on or before such third business dayTransfer Agent), (A) issue and deliver surrender to a common carrier for overnight delivery to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) address as specified in the Conversion Notice, a certificate, registered in the name of the holder Holder or its designee, for the number of shares of Common Stock to which the holder Holder shall be entitled. If the number of shares of Preferred Stock Shares represented by the Preferred Stock Certificate(s) submitted for conversion is greater than the number of shares of Series C Preferred Stock Shares being converted, then the Company Transfer Agent shall, as soon as practicable and in no event later than three (3) business days Business Days after receipt of the Preferred Stock Certificate(s) and at the Company’s its own expense, issue and deliver to the holder Holder a new Preferred Stock Certificate representing the number of shares of Series C Preferred Stock Shares not converted.

Company’s Response. Upon receipt by the Company of a facsimile copy of a Conversion Notice, the Company shall immediately send, via facsimile, a confirmation of receipt of such Conversion Notice to such holder. Upon receipt by the Company of a copy of the fully executed Conversion Notice, the Company or its designated transfer agent (the “"Transfer Agent”"), as applicable, shall, within three (3) business days following the date of receipt by the Company of the fully executed Conversion Notice (so long as the applicable Preferred Stock Certificates and original Conversion Notice are received by the Company on or before such third business day)Notice, issue and deliver to the Depository Trust Company (“DTC”) account on Holder the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) shares of Common Stock as specified in the Conversion Notice, registered in the name of the holder or its designee, for the number of shares of Common Stock to which the holder shall be entitled. If the number of shares of Preferred Stock represented by the Preferred Stock Certificate(s) submitted for conversion is greater than the number of shares of Series C A Preferred Stock being converted, then the Company shall, as soon as practicable and in no event later than three (3) business days after receipt of the Preferred Stock Certificate(s) and at the Company’s 's expense, issue and deliver to the holder a new Preferred Stock Certificate representing the number of shares of Series C A Preferred Stock not converted.