Common use of Exchange; Dividend Exchange Clause in Contracts

Exchange; Dividend Exchange. (a) On the terms and subject to the conditions set forth in this Agreement, (i) the Company agrees to issue the Capital Securities to the Investor in exchange for 180,634 shares of the Series B Shares, and the Investor agrees to deliver to the Company the Series B Shares in exchange for the Capital Securities, and (ii) the Company and the Investor mutually agree to amend and restate the Old Warrant to reflect the terms and conditions of the Amended Warrant.

Exchange; Dividend Exchange. (a) On the terms and subject to the conditions set forth in this Agreement, (i) the Company agrees to issue the Capital Securities to the Investor in exchange for 180,634 72,000 shares of the Series B A Shares, and the Investor agrees to deliver to the Company the Series B A Shares in exchange for the Capital Securities, and (ii) the Company and the Investor mutually agree to amend and restate the Old Warrant to reflect the terms and conditions of the Amended Warrant.

Exchange; Dividend Exchange. (a) On the terms and subject to the conditions set forth in this Agreement, (i) the Company agrees to issue the Capital Securities to the Investor in exchange for 180,634 84,784 shares of Series T Preferred Stock beneficially owned and held by the Investor (such shares, the “Series B T Shares”), and the Investor agrees to deliver to the Company the Series B T Shares in exchange for the Capital Securities, and (ii) the Company and the Investor mutually agree to amend and restate the Old Warrant to reflect the terms and conditions of the Amended Warrant.

Exchange; Dividend Exchange. (a) On the terms and subject to the conditions set forth in this Agreement, (i) the Company agrees to issue the Capital Securities to the Investor in exchange for 180,634 400,000 shares of the Series B F Shares, and the Investor agrees to deliver to the Company the Series B F Shares in exchange for the Capital Securities, and (ii) the Company and the Investor mutually agree to amend and restate the Old Warrant to reflect the terms and conditions of the Amended Warrant.