Conversion of Stock. In case all the authorized Buyer Common Stock is converted, pursuant to the certificate of incorporation, into other securities or property, or the Buyer Common Stock otherwise ceases to exist, then, in such case, the Holder, upon conversion of this Note at any time after the date on which the Buyer Common Stock is so converted or ceases to exist (the “Termination Date”), will receive, in lieu of the number of Conversion Shares that would have been issuable upon such exercise immediately prior to the Termination Date (the “Former Number of Conversion Shares”), the stock and other securities and property which the Holder would have been entitled to receive upon the Termination Date if the Holder had converted this Note with respect to the Former Number of Conversion Shares immediately prior to the Termination Date (all subject to further adjustment as provided in this Note).
Appears in 5 contracts
Samples: Subordination Agreement (FTE Networks, Inc.), Stock Purchase Agreement (Sacramone Fred), Stock Purchase Agreement (McMahon Brian P)
Conversion of Stock. In case all the authorized Buyer Common Stock of the Borrower is converted, pursuant to the certificate Borrower’s Certificate of incorporationIncorporation, into other securities or property, or the Buyer Common Stock otherwise ceases to exist, then, in such case, the Holder, upon conversion of this Note at any time after the date on which the Buyer Common Stock is so converted or ceases to exist (the “Termination Date”), will receive, in lieu of the number of Conversion Shares that would have been issuable upon such exercise immediately prior to the Termination Date (the “Former Number of Conversion Shares”), the stock and other securities and property which the Holder would have been entitled to receive upon the Termination Date if the Holder had converted this Note with respect to the Former Number of Conversion Shares immediately prior to the Termination Date (all subject to further adjustment as provided in this Note).
Appears in 3 contracts
Samples: Convertible Secured Promissory Note, Subordination Agreement (Skullcandy, Inc.), Subordination Agreement (Skullcandy, Inc.)
Conversion of Stock. In case all the authorized Buyer Common Stock of the Company is converted, pursuant to the Company’s certificate of incorporation, into other securities or propertyproperty of the Company, or the Buyer Common Stock otherwise ceases to exist, then, in such case, the Holder, upon conversion exercise of this Note Warrant at any time after the date on which the Buyer Common Stock is so converted or ceases to exist (the “Termination Date”), will shall receive, in lieu of the number of Conversion Shares shares of Common Stock that would have been issuable upon such exercise immediately prior to the Termination Date (the “Former Number of Conversion SharesShares of Common Stock”), the stock and other securities and property which the Holder would have been entitled to receive upon the Termination Date if the Holder had converted exercised this Note Warrant with respect to the Former Number of Conversion Shares of Common Stock immediately prior to the Termination Date (all subject to further adjustment as provided in this NoteWarrant).
Appears in 3 contracts
Samples: Warrant Agreement (Neuro-Hitech Pharmaceuticals Inc), Warrant Agreement (Neuro-Hitech, Inc.), Warrant Agreement (Neuro-Hitech Pharmaceuticals Inc)
Conversion of Stock. In case all the authorized Buyer Common Stock of the Company is converted, pursuant to the certificate Company’s Certificate of incorporationIncorporation, into other securities or property, property or the Buyer Common Stock otherwise ceases to exist, then, in such case, the Holder, upon conversion of this Note Debenture at any time after the date on which the Buyer Common Stock is so converted or ceases to exist (the “Termination Date”), will shall receive, in lieu of the number of Conversion Shares shares of Common Stock that would have been issuable upon such exercise immediately prior to the Termination Date (the “Former Number of Conversion SharesShares of Common Stock”), the stock and other securities and property which the Holder would have been entitled to receive upon the Termination Date if the Holder had converted this Note Debenture with respect to the Former Number of Conversion Shares of Common Stock immediately prior to the Termination Date (all subject to further adjustment as provided in this NoteDebenture).
Appears in 2 contracts
Samples: Debenture Agreement (Pet Airways Inc.), Debenture Agreement (American Antiquities, Inc.)
Conversion of Stock. In case all the authorized Buyer Common Stock of Maker is convertedconvened, pursuant to the certificate Maker’s Certificate of incorporationIncorporation, into Common Stock or other securities or property, . or the Buyer Common Stock otherwise ceases to exist, then, in such case, the Holder, upon conversion of this Note at any time after the date on which the Buyer Common Stock is so converted or ceases to exist (the “Termination Date”), will shall receive, in lieu of the number of Conversion Shares shares of Common Stock that would have been issuable upon such exercise conversion immediately prior to the Termination Date (the “Former Number of Conversion SharesShares of Common Stock”), the stock and other securities and property which the Holder would have been entitled to receive upon the Termination Date if the Holder had converted this Note with respect to the Former Number of Conversion Shares of Common Stock immediately prior to the Termination Date (all subject to further adjustment as provided in this Note).
Appears in 2 contracts
Samples: Bridge Loan Agreement, Bridge Loan Agreement (S3 Investment Company, Inc.)
Conversion of Stock. In case all the authorized Buyer Common Stock of the Company is converted, pursuant to the certificate Company’s articles of incorporation, into other securities or propertyproperty of the Company, or the Buyer Common Stock otherwise ceases to exist, then, in such case, the Holder, upon conversion exercise of this Note Warrant at any time after the date on which the Buyer Common Stock is so converted or ceases to exist (the “Termination Date”), will shall receive, in lieu of the number of Conversion Shares shares of Common Stock that would have been issuable upon such exercise immediately prior to the Termination Date (the “Former Number of Conversion SharesShares of Common Stock”), the stock and other securities and property which the Holder would have been entitled to receive upon the Termination Date if the Holder had converted exercised this Note Warrant with respect to the Former Number of Conversion Shares of Common Stock immediately prior to the Termination Date (all subject to further adjustment as provided in this NoteWarrant).
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