Common use of Conversion Pursuant to Section Clause in Contracts

Conversion Pursuant to Section. 4(a) or 4(b). Before Investor shall be entitled to convert this Note into shares of common stock, it shall surrender this Note (or a notice to the effect that the original Note has been lost, stolen or destroyed and an agreement acceptable to the Company whereby the holder agrees to indemnify the Company from any loss incurred by it in connection with this Note) and give written notice to the Company at its principal corporate offices of the election to convert the same pursuant to Section 4(a) or 4(b), and shall state therein the amount of the unpaid principal amount of this Note to be converted, together with all accrued and unpaid interest. The Company shall, as soon as practicable thereafter, issue and deliver to Investor a certificate or certificates, or evidence of the applicable book entry or entries, for the number of shares to which Investor shall be entitled upon such conversion, including a check payable to Investor for any cash amounts payable as described in Section 4(d). Any conversion of this Note pursuant to Section 4(a) or 4(b) shall be deemed to have been made upon the satisfaction of all of the conditions set forth in this Section 4(c) and on and after such date the Persons entitled to receive the shares issuable upon such conversion shall be treated for all purposes as the record holder of such shares.

Conversion Pursuant to Section. 4(a) or 4(b). Before Investor shall be entitled to convert this Note into shares of common stockSeries D Preferred Stock, it shall surrender this Note (or a notice to the effect that the original Note has been lost, stolen or destroyed and an agreement acceptable to the Company whereby the holder agrees to indemnify the Company from any loss incurred by it in connection with this Note) and give written notice to the Company at its principal corporate offices office of the election to convert the same pursuant to Section 4(a) or 4(b). Upon such conversion of this Note, Investor hereby agrees to execute and deliver to the Company such transaction documents entered into by the purchasers of the Company's Series D Preferred Stock (as may be amended), including a purchase agreement, an investor rights agreement and shall state therein other ancillary agreements, with customary representations and warranties and transfer restrictions (including, without limitation, a 180-day lock-up agreement in connection with an initial public offering), as the amount of the unpaid principal amount of this Note to be converted, together with all accrued and unpaid interestCompany may request. The Company shall, as soon as practicable thereafter, issue and deliver to such Investor a certificate or certificates, or evidence of the applicable book entry or entries, certificates for the number of shares to which Investor shall be entitled upon such conversion, including a check payable to Investor for any cash amounts payable as described in Section 4(d4(c)(iii). Any conversion of this Note pursuant to Section 4(a) or 4(b) shall be deemed to have been made upon the satisfaction of all of the conditions set forth in this Section 4(c4(c)(i) and on and after such date the Persons entitled to receive the shares issuable upon such conversion shall be treated for all purposes as the record holder of such shares.

Conversion Pursuant to Section. 4(a) or 4(b). Before Investor shall be entitled to convert this Note into the applicable shares of common stockthe Company’s stock in accordance with Section 4(a), it shall surrender this Note (or a notice to the effect that the original Note has been lost, stolen or destroyed and an agreement acceptable to the Company whereby the holder agrees to indemnify the Company from any loss incurred by it in connection with this Note) and give written notice to the Company at its principal corporate offices office of the election to convert the same pursuant to Section 4(a) or 4(b), and shall state therein the amount of the unpaid principal amount of this Note to be converted, together with all accrued and unpaid interest. The Company shall, as soon as practicable thereafter, issue and deliver to such Investor a certificate or certificates, notice of issuance of uncertificated shares or evidence of the applicable book book-entry or entries, for the number of shares to which Investor shall be entitled upon such conversion, including a check payable to Investor for any cash amounts payable as described in Section 4(d4(c)(iii). Any conversion of this Note pursuant to Section 4(a) or 4(b) shall be deemed to have been made upon the satisfaction of all of the conditions set forth in this Section 4(c4(c)(i) and on and after such date the Persons entitled to receive the shares issuable upon such conversion shall be treated for all purposes as the record holder of such shares.

Conversion Pursuant to Section. 4(a) or 4(b). Before the Investor shall be entitled to convert this Note into shares of common stockCommon Stock, it the Investor shall surrender this Note (or a notice to the effect that the original Note has been lost, stolen or destroyed and an agreement acceptable to the Company whereby the holder agrees to indemnify the Company from any loss incurred by it in connection with this Note) and give written notice (the “Conversion Notice”) to the Company at its principal corporate offices office of the election to convert the same pursuant to Section 4(a) or 4(b), and shall state therein the amount of the unpaid principal amount of this Note to be converted, together with all accrued and unpaid interest. The Company shall, as soon as practicable thereafter, issue and deliver to such Investor a certificate or certificates, or evidence of the applicable book entry or entries, certificates for the number of shares to which the Investor shall be entitled upon such conversion, including a check payable to the Investor for any cash amounts payable as described in this Section 4(d4(c)(iii). Any conversion of this Note pursuant to Section 4(a) or 4(b) shall be deemed to have been made upon the satisfaction of all of the conditions set forth in this Section 4(c4(c)(ii) and on and after such date the Persons entitled to receive the shares issuable upon such conversion shall be treated for all purposes as the record holder of such shares.