Common use of Exchange Property Election Clause in Contracts

Exchange Property Election. In the event that the holders of the shares of Common Stock have the opportunity to elect the form of consideration to be received in such transaction, the Exchange Property that the holders of Series A Preferred Stock shall be entitled to receive shall be determined by the holders of a majority of the outstanding shares of Series A Preferred Stock on or before the earlier of (i) the deadline for elections by holders of Common Stock and (ii) two Business Days before the anticipated effective date of such Reorganization Event. The number of units of Exchange Property for each share of Series A Preferred Stock converted following the effective date of such Reorganization Event shall be determined from among the choices made available to the holders of the Common Stock and based on the per share amount as of the effective date of the Reorganization Event, determined as if the references to “share of Common Stock” in this Certificate of Designations were to “units of Exchange Property.”

Exchange Property Election. In the event that the holders of the shares of Common Stock have the opportunity to elect the form of consideration to be received in such transaction, the Exchange Property that the holders of Series A Preferred Stock shall be entitled to receive shall be determined by the holders of a majority of the outstanding shares of Series A Preferred Stock on or before the earlier of (i) the deadline for elections by holders of Common Stock and (ii) two Business Days before the anticipated effective date of such Reorganization Event. The number of units of Exchange Property for each share of Series A Preferred Stock converted following the effective date of such Reorganization Event shall be determined from among the choices made available to the holders of the Common Stock and based on the per share amount as of the effective date of the Reorganization Event, determined as if the references to “share of Common Stock” in this Certificate of Designations Designation were to “units of Exchange Property.”

Exchange Property Election. In the event that the holders of the shares of Common Stock Shares have the opportunity to elect the form of consideration to be received in such transactionReorganization Event, the Exchange Property that the holders of Series A First Preferred Stock Shares shall be entitled to receive shall be determined by the holders of a majority of the outstanding shares of Series A First Preferred Stock Shares on or before the earlier of (i) the deadline for elections by holders of Common Stock Shares and (ii) two (2) Business Days before the anticipated effective date of such Reorganization Event. The number of units of Exchange Property for each share of Series A First Preferred Stock Share converted following the effective date of such Reorganization Event shall be determined from among the choices made available to the holders of the Common Stock Shares and based on the per share amount as of the effective date of the Reorganization Event, determined as if the references to “share of Common StockShares” in this Certificate of Designations herein were to “units of Exchange Property.”