Common use of Conversion of Note to Equity Clause in Contracts

Conversion of Note to Equity. If and upon terms and conditions approved by the Disinterested Members (as defined below) of Maker’s Board of Directors and execution of definitive documents mutually agreed upon by the parties, Holder shall have the right the convert the then outstanding principal and accrued interest due to Holder under this Note into the common stock, par value $0.001 per share, of Twinlab Consolidated Holdings, Inc.; provided, however, that upon such a conversion the “Warrant” (as defined below) shall be cancelled. For purposes of this provision, and solely with respect to the approval of the terms and conditions of conversion pursuant to this Section 1.05, the “Disinterested Members” of Maker’s Board of Directors shall mean those Directors other than X. Xxxxxx Xxxxxxxx, Xxxxx Still, any Director appointed by Golisano Holdings pursuant to that certain Voting Agreement in favor of Golisano Holdings, dated October 5, 2015, Xxxxx Xxx Xxxxx, Xxxx Xxxxx, and any Director appointed by Great Harbor pursuant to that certain Voting Agreement in favor of Great Harbor, dated October 2, 2015.

Appears in 3 contracts

Samples: Subordination Agreement, Subordination Agreement (Twinlab Consolidated Holdings, Inc.), Subordination Agreement (Twinlab Consolidated Holdings, Inc.)

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Conversion of Note to Equity. If and upon terms and conditions approved by the Disinterested Members (as defined below) of Maker’s Board of Directors and execution of definitive documents mutually agreed upon by the parties, Holder shall have the right the convert the then outstanding principal and accrued interest due to Holder under this Note into the common stock, par value $0.001 per share, of Twinlab Consolidated Holdings, Inc.; provided, however, that upon such a conversion the “Warrant” (as defined below) shall be cancelled. For purposes of this provision, and solely with respect to the approval of the terms and conditions of conversion pursuant to this Section 1.051.04, the “Disinterested Members” of Maker’s Board of Directors shall mean those Directors other than X. B. Xxxxxx XxxxxxxxGxxxxxxx, Xxxxx Still, any Director appointed by Golisano Holdings pursuant to that certain Voting Agreement in favor of Golisano Holdings, dated October 5, 2015, Xxxxx Dxxxx Xxx Xxxxx, Xxxx Mxxx Xxxxx, and any Director appointed by Great Harbor pursuant to that certain Voting Agreement in favor of Great Harbor, dated October 2, 2015. 2. Section 2.01(c) of the Note is hereby restated in its entirety to read as follows:

Appears in 2 contracts

Samples: Unsecured Promissory Note (Twinlab Consolidated Holdings, Inc.), Unsecured Promissory Note (Twinlab Consolidated Holdings, Inc.)

Conversion of Note to Equity. If and upon terms and conditions approved by the Disinterested Members (as defined below) of Maker’s Board of Directors and execution of definitive documents mutually agreed upon by the parties, Holder shall have the right the convert the then outstanding principal and accrued interest due to Holder under this Note into the common stock, par value $0.001 per share, of Twinlab Consolidated Holdings, Inc.; provided, however, that upon such a conversion the “Warrant” (as defined below) shall be cancelled. For purposes of this provision, and solely with respect to the approval of the terms and conditions of conversion pursuant to this Section 1.05, the “Disinterested Members” of Maker’s Board of Directors shall mean those Directors other than X. B. Xxxxxx XxxxxxxxGxxxxxxx, Xxxxx Still, any Director appointed by Golisano Holdings pursuant to that certain Voting Agreement in favor of Golisano Holdings, dated October 5, 2015, Xxxxx Dxxxx Xxx Xxxxx, Xxxx Mxxx Xxxxx, and any Director appointed by Great Harbor pursuant to that certain Voting Agreement in favor of Great Harbor, dated October 2, 2015.

Appears in 2 contracts

Samples: Subordination Agreement (Twinlab Consolidated Holdings, Inc.), Subordination Agreement (Twinlab Consolidated Holdings, Inc.)

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Conversion of Note to Equity. If and upon terms and conditions approved by the Disinterested Members (as defined below) of Maker’s Board of Directors and execution of definitive documents mutually agreed upon by the parties, Holder shall have the right the convert the then outstanding principal and accrued interest due to Holder under this Note into the common stock, par value $0.001 per share, of Twinlab Consolidated Holdings, Inc.; provided, however, that upon such a conversion the “Warrant” (as defined below) shall be cancelled. For purposes of this provision, and solely with respect to the approval of the terms and conditions of conversion pursuant to this Section 1.05, the “Disinterested Members” of Maker’s Board of Directors shall mean those Directors other than X. Xxxxxx Xxxxxxxx, Xxxxx Still, and any Director appointed by Golisano Holdings pursuant to that certain Voting Agreement in favor of Golisano Holdings, dated October 5, 2015, Xxxxx Xxx Xxxxx, Xxxx Xxxxx, and any Director appointed by Great Harbor pursuant to that certain Voting Agreement in favor of Great Harbor, dated October 2, 2015.

Appears in 1 contract

Samples: Subordination Agreement (Twinlab Consolidated Holdings, Inc.)

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