Common use of Corporation’s Response Clause in Contracts

Corporation’s Response. Upon receipt by the Corporation of a copy of a Conversion Notice, the Corporation shall (A) as soon as practicable, but in any event within two (2) Trading Days, send, via facsimile, a confirmation of receipt of such Conversion Notice to such Holder and the Transfer Agent, if applicable, which confirmation shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein and (B) on or before the third (3rd) Trading Day following the date of receipt by the Corporation of such Conversion Notice (the “Share Delivery Date”), (1) provided the Transfer Agent is participating in the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the Holder shall be entitled to the Holder’s or its designee’s balance account with DTC through its Deposit/Withdrawal At Custodian system, or (2) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, issue and deliver to the address as specified in the Conversion Notice, a certificate, 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 Series A Preferred Stock represented by the Preferred Stock Certificate(s) submitted for conversion, as may be required pursuant to Section 8(b)(iv), is greater than the number of shares of Series A Preferred Stock being converted, then the Corporation shall, as soon as practicable and in no event later than five (5) Business Days after receipt of the Preferred Stock Certificate(s) (the “Preferred Stock Delivery Date”) and at its own expense, issue and deliver to the Holder a new Preferred Stock Certificate representing the number of shares of Series A Preferred Stock not converted.

Corporation’s Response. Upon receipt or deemed receipt by the Corporation of a copy of a Conversion Notice, the Corporation shall (A) shall as soon promptly as practicable, but in any event within two (2) Trading Days, possible send, via facsimileemail, a confirmation of receipt of such Conversion Notice to such the Converting Holder and the Corporation’s designated transfer agent (the “Transfer Agent, if applicable”), which confirmation (i) shall constitute be sent to the Converting Holder at the email address specified by the Converting Holder pursuant to such Conversion Notice and to the Transfer Agent at the email address previously specified by the Transfer Agent for this purpose and (ii) shall include an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein herein, and (B) on or before the third (3rd) Trading Business Day following the date of receipt or deemed receipt by the Corporation of such Conversion Notice (or, if earlier, the end of the standard settlement period for U.S. broker-dealer securities transactions, or, if the conversion is conditioned upon the consummation of a Conversion Triggering Transaction, immediately prior to the consummation of such Conversion Triggering Transaction) (the “Share Delivery Date”), (1x) provided the Transfer Agent is participating in the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Programcredit, credit or cause to be credited, such aggregate number of shares of Common Stock Conversion Shares to which the Converting Holder shall be entitled to the Converting Holder’s or its designee’s balance account with DTC The Depository Trust Company (“DTC”) through its Deposit/Withdrawal At at Custodian (“DWAC”) system, or (2y) if none of the Transfer Agent Unrestricted Conditions is not participating in the DTC Fast Automated Securities Transfer Programthen satisfied, issue and deliver deliver, or cause to be delivered, a stock certificate to the address as specified designated by the Converting Holder, in the Conversion Notice, a certificate, registered in the name of the Holder or its designeeeach case, for the number of shares of Common Stock Conversion Shares to which the Converting Holder shall be entitled. If the number of shares of Series A 1 Preferred Stock represented by any stock certificate surrendered by the Preferred Stock Certificate(s) submitted for conversion, as may be required pursuant to Section 8(b)(iv), Converting Holder is greater than the number of shares of Series A 1 Preferred Stock being converted, then the Corporation shall, as soon as practicable and in no event later than five three (53) Business Days after receipt of the Preferred Stock Certificate(s) (the “Preferred Stock Delivery Date”) such stock certificates and at its own expense, issue and deliver to the Converting Holder a new Preferred Stock Certificate certificate representing the number of shares of the Series A 1 Preferred Stock not so converted.

Corporation’s Response. Upon receipt by the Corporation of a copy of a Conversion NoticeNotice of Conversion, the Corporation shall (A) as soon as practicable, but in any event within two (2) Trading Business Days, send, via facsimile, a confirmation of receipt of such Notice of Conversion Notice to such Holder and the Transfer Agent, if applicable, which confirmation shall constitute an instruction to the Transfer Agent to process such Notice of Conversion Notice in accordance with the terms herein and (B) on herein. On or before the third (3rd) Trading Business Day following the date of receipt by the Corporation of such Notice of Conversion Notice (the “Share Delivery Date”), the Corporation shall (1A) provided the Transfer Agent is participating in the Depository Trust Company (“DTC”) DTC Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the Holder shall be entitled to the Holder’s or its designee’s balance account with DTC through its Deposit/Deposit Withdrawal At Custodian Agent Commission system, or (2B) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, issue and deliver to the address as specified in the Conversion NoticeNotice of Conversion, a certificate, 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 Series A Preferred Stock represented by the a certificate of Preferred Stock Certificate(sof a Holder (a “Preferred Stock Certificate”) submitted for conversion, as may be required pursuant delivered to Section 8(b)(iv), the Corporation in connection with a conversion is greater than the number of shares of Series A Preferred Stock being converted, then the Corporation shall, as soon as practicable and in no event later than five fifth (5) Business Days after receipt of the Preferred Stock Certificate(s) (the “Preferred Stock Delivery Date”) and at its own expense, issue and deliver to the Holder a new Preferred Stock Certificate representing the number of shares of Series A Preferred Stock not converted.

Corporation’s Response. Upon receipt by the Corporation of a copy of a Conversion Notice, the Corporation shall (A) as soon as practicable, but in any event within two (2) Trading Days, send, via facsimile, a confirmation of receipt of such Conversion Notice to such Holder and the Transfer Agent, if applicable, which confirmation shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein and (B) on or before the third (3rd) Trading Day following the date of receipt by the Corporation of such Conversion Notice (the “Share Delivery Date”), (1I)(1) provided the Transfer Agent is participating in the Depository Trust Company (“DTC”) DTC Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the Holder shall be entitled to the Holder’s 's or its designee’s 's balance account with DTC through its Deposit/Withdrawal At Custodian system, or (2) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, Program issue and deliver to the address as specified in the Conversion Notice, a certificate, registered in the name of the Holder or its designee, for the number of shares of Common Stock to which the Holder shall be entitledentitled and (II) pay in cash, any declared, accrued and unpaid dividends on the shares of Preferred Stock being converted. If the number of shares of Series A Preferred Stock represented by the Preferred Stock Certificate(s) submitted for conversion, as may be required pursuant to Section 8(b)(iv7(b)(iv), is greater than the number of shares of Series A Preferred Stock being converted, then the Corporation shall, as soon as practicable and in no event later than five (5) Business Days after receipt of the Preferred Stock Certificate(s) (the “Preferred Stock Delivery Date”) and at its own expense, issue and deliver to the Holder a new Preferred Stock Certificate representing the number of shares of Series A Preferred Stock not converted.

Corporation’s Response. Upon receipt by the Corporation of a copy of a Conversion Notice, the Corporation shall (A) as soon as practicable, but in any event within two (2) Trading Days, send, via facsimile, a confirmation of receipt of such Conversion Notice to such Holder and the Transfer Agent, if applicable, which confirmation shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein and (B) on or before the third (3rd) Trading Day following the date of receipt by the Corporation of such Conversion Notice (the “"Share Delivery Date”"), (1) provided the Transfer Agent is participating in the Depository Trust Company (“DTC”) DTC Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the Holder shall be entitled to the Holder’s 's or its designee’s 's balance account with DTC through its Deposit/Withdrawal At Custodian system, or (2) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, issue and deliver to the address as specified in the Conversion Notice, a certificate, 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 Series A Convertible Preferred Stock represented by the Preferred Stock Certificate(s) submitted for conversion, as may be required pursuant to Section 8(b)(iv6(c)(iv), is greater than the number of shares of Series A Convertible Preferred Stock being converted, then the Corporation shall, as soon as practicable and in no event later than five (5) Business Days after receipt of the Preferred Stock Certificate(s) (the “"Preferred Stock Delivery Date”") and at its own expense, issue and deliver to the Holder a new Preferred Stock Certificate representing the number of shares of Series A Convertible Preferred Stock not converted.

Corporation’s Response. Upon receipt by the Corporation of a copy of a Conversion Notice, the Corporation shall (A) as soon as practicable, but in any event within two (2) Trading Days, send, via facsimile, a confirmation of receipt of such Conversion Notice to such Holder and the Transfer Agent, if applicable, which confirmation shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein and (B) on or before the third (3rd) Trading Day following the date of receipt by the Corporation of such Conversion Notice (the “"Share Delivery Date”"), (1) provided the Transfer Agent is participating in the Depository Trust Company (“DTC”) DTC Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the Holder shall be entitled to the Holder’s 's or its designee’s 's balance account with DTC through its Deposit/Withdrawal At Custodian system, or (2) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, issue and deliver to the address as specified in the Conversion Notice, a certificate, 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 Series A Preferred Stock represented by the Preferred Stock Certificate(s) submitted for conversion, as may be required pursuant to Section 8(b)(iv7(c)(iv), is greater than the number of shares of Series A Preferred Stock being converted, then the Corporation shall, as soon as practicable and in no event later than five (5) Business Days after receipt of the Preferred Stock Certificate(s) (the “"Preferred Stock Delivery Date”") and at its own expense, issue and deliver to the Holder a new Preferred Stock Certificate representing the number of shares of Series A Preferred Stock not converted.

Corporation’s Response. Upon On or before the first (1st) Trading Day following the date of receipt by the Corporation of a copy of a Conversion Notice, the Corporation shall (A) transmit by facsimile an acknowledgment of confirmation, in the form attached hereto as soon as practicableExhibit II, but in any event within two (2) Trading Days, send, via facsimile, a confirmation of receipt of such Conversion Notice to such Holder and the Corporation’s transfer agent (the “Transfer Agent, if applicable”), which confirmation shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein and (B) on herein. On or before the third second (3rd2nd) Trading Day following the date of receipt by the Corporation of such Conversion Notice (Notice, the “Share Delivery Date”), Corporation shall (1) provided that the Transfer Agent is participating in the The Depository Trust Company Company’s (“DTC”) Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the such Holder shall be entitled to the such Holder’s or its designee’s balance account with DTC through its Deposit/Withdrawal At at Custodian system, or (2) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, issue and deliver (via reputable overnight courier) to the address as specified in the such Conversion Notice, a certificate, registered in the name of the such Holder or its designee, for the number of shares of Common Stock to which the such Holder shall be entitled. If the number of shares of Series A E Preferred Stock represented by the Preferred Stock Share Certificate(s) submitted for conversion, as may be required conversion pursuant to Section 8(b)(iv), 4(c)(vi) is greater than the number of shares of Series A E Preferred Stock being converted, then the Corporation shall, as soon as practicable and in no event later than five three (53) Business Trading Days after receipt of the Preferred Stock Share Certificate(s) (the “Preferred Stock Delivery Date”) and at its own expense, issue and deliver to the such Holder (or its designee) a new Preferred Stock Share Certificate representing the number of shares of Series A E Preferred Stock not converted.

Corporation’s Response. Upon receipt by the Corporation of a copy of a Conversion Notice, the Corporation shall (A) as soon as practicable, but in any event within two (2) Trading Days, send, via facsimile, a confirmation of receipt of such Conversion Notice to such Holder and the Transfer Agent, if applicable, which confirmation shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein and (B) on or before the third (3rd) Trading Day following the date of receipt by the Corporation of such Conversion Notice (the “"Share Delivery Date”"), (1I)(1) provided the Transfer Agent is participating in the Depository Trust Company (“DTC”) DTC Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the Holder shall be entitled to the Holder’s 's or its designee’s 's balance account with DTC through its Deposit/Withdrawal At Custodian system, or (2) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, Program issue and deliver to the address as specified in the Conversion Notice, a certificate, registered in the name of the Holder or its designee, for the number of shares of Common Stock to which the Holder shall be entitledentitled and (II) pay in cash, any declared, accrued and unpaid dividends on the shares of Preferred Stock being converted. If the number of shares of Series A Preferred Stock represented by the Preferred Stock Certificate(s) submitted for conversion, as may be required pursuant to Section 8(b)(iv7(b)(iv), is greater than the number of shares of Series A Preferred Stock being converted, then the Corporation shall, as soon as practicable and in no event later than five (5) Business Days after receipt of the Preferred Stock Certificate(s) (the “"Preferred Stock Delivery Date”") and at its own expense, issue and deliver to the Holder a new Preferred Stock Certificate representing the number of shares of Series A Preferred Stock not converted.