Conversion of Stock. In each case not otherwise covered in Section 4.3 above where (i) all the outstanding Conversion Stock is converted, pursuant to the terms of Borrower’s Certificate of Incorporation, into other securities or property, or (ii) the Conversion Stock otherwise ceases to exist or to be authorized under Borrower’s Certificate of Incorporation (each a “Stock Event”), then Lender, upon conversion of this Note at any time after such Stock Event, shall receive, in lieu of the number of shares of Conversion Stock that would have been issuable upon conversion of this Note immediately prior to such Stock Event, the stock and other securities and property that Lender would have been entitled to receive upon the Stock Event, if immediately prior to such Stock Event, Lender had converted the Actual Conversion Amount into Conversion Stock.
Appears in 6 contracts
Samples: Security Agreement, Security Agreement (Enphase Energy, Inc.), Security Agreement (Enphase Energy, Inc.)
Conversion of Stock. In each case not otherwise covered in Section 4.3 above 8.3 where (ia) all the outstanding Conversion Stock is converted, pursuant to the terms of Borrowerthe Company’s Certificate of Incorporation, into Common Stock or other securities or property, or (iib) the Conversion Stock otherwise ceases to exist or to be authorized under Borrowerthe Company’s Certificate of Incorporation (each a “Stock Event”Event “), then LenderHolder, upon conversion of this Note at any time after such Stock Event, shall receive, in lieu of the number of shares of Conversion Stock that would have been issuable upon conversion of this Note immediately prior to such Stock Event, the stock and other securities and property that Lender Holder would have been entitled to receive upon the Stock Event, if immediately prior to such Stock Event, Lender Holder had converted the Actual Conversion Amount into Conversion Stock.
Appears in 3 contracts
Samples: Subscription Agreement (BioPharmX Corp), BioPharmX Corp, BioPharmX Corp
Conversion of Stock. In each case not otherwise covered in Section 4.3 above 8.3 where (ia) all the outstanding Conversion Stock is converted, pursuant to the terms of Borrowerthe Company’s Certificate of Incorporation, into Common Stock or other securities or property, or (iib) the Conversion Stock otherwise ceases to exist or to be authorized under Borrowerthe Company’s Certificate of Incorporation (each a “Stock Event”), then LenderHolder, upon conversion of this Note at any time after such Stock Event, shall receive, in lieu of the number of shares of Conversion Stock that would have been issuable upon conversion of this Note immediately prior to such Stock Event, the stock and or other securities and property that Lender Holder would have been entitled to receive upon the Stock Event, if immediately prior to such Stock Event, Lender Holder had converted the Actual Conversion Amount into Conversion Stock.
Appears in 1 contract
Samples: Purchase Agreement (Movano Inc.)
Conversion of Stock. In each case not otherwise covered in Section 4.3 above 8.3 where (ia) all the outstanding Conversion Stock is converted, pursuant to the terms of Borrowerthe Company’s Certificate of Incorporation, into Common Stock or other securities or property, or (iib) the Conversion Stock otherwise ceases to exist or to be authorized under Borrowerthe Company’s Certificate of Incorporation (each a “Stock Event”), then LenderHolder, upon conversion of this Note at any time after such Stock Event, shall receive, in lieu of the number of shares of Conversion Stock that would have been issuable upon conversion of this Note immediately prior to such Stock Event, the stock and other securities and property that Lender Holder would have been entitled to receive upon the Stock Event, if immediately prior to such Stock Event, Lender Holder had converted the Actual Conversion Amount into Conversion Stock.
Appears in 1 contract
Samples: BioPharmX Corp
Conversion of Stock. In each case not otherwise covered in Section 4.3 above 8.3 where (ia) all the outstanding Conversion Stock is converted, pursuant to the terms of Borrowerthe Company’s Certificate of Incorporation, into Common Stock or other securities or property, or (iib) the Conversion Stock otherwise ceases to exist or to be authorized under Borrowerthe Company’s Certificate of Incorporation (each a “ Stock Event “Stock Event”), then LenderHolder, upon conversion of this Note at any time after such Stock Event, shall receive, in lieu of the number of shares of Conversion Stock that would have been issuable upon conversion of this Note immediately prior to such Stock Event, the stock and other securities and property that Lender Holder would have been entitled to receive upon the Stock Event, if immediately prior to such Stock Event, Lender Holder had converted the Actual Conversion Amount into Conversion Stock.
Appears in 1 contract