Holder’s Delivery Requirements. To convert Preferred Shares into shares of Common Stock on any date (a "Conversion Date"), the Holder shall (A) transmit by facsimile (or otherwise deliver), for receipt on or prior to 11:59 p.m., New York City Time, on such date, a copy of a properly completed notice of conversion executed by the registered Holder of the Preferred Shares subject to such conversion in the form attached hereto as Exhibit I (the "Conversion Notice") to the Company and the Company's designated transfer agent (the "Transfer Agent") and (B) if required by Section 2(d)(viii), surrender to a common carrier for delivery to the Company as soon as practicable following such date the original certificates representing the Preferred Shares being converted (or compliance with the procedures set forth in Section 14) (the "Preferred Stock Certificates").
Appears in 3 contracts
Samples: Exchange Agreement (Eon Communications Corp), Securities Purchase Agreement (Eon Communications Corp), Merger Agreement (Eon Communications Corp)
Holder’s Delivery Requirements. To convert Preferred Shares into shares of Common Stock on any date (a "“Conversion Date"”), the Holder shall (A) transmit by facsimile (or otherwise deliver), for receipt on or prior to 11:59 p.m., New York City Time, on such date, a copy of a properly completed notice of conversion executed by the registered Holder of the Preferred Shares subject to such conversion in the form attached hereto as Exhibit I (the "“Conversion Notice"”) to the Company and the Company's ’s designated transfer agent (the "“Transfer Agent"”) and (B) if required by Section 2(d)(viii), surrender to a common carrier for delivery to the Company as soon as practicable following such date the original certificates representing the Preferred Shares being converted (or compliance with the procedures set forth in Section 1413) (the "“Preferred Stock Certificates"”).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Cano Petroleum, Inc), Merger Agreement (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, Inc)
Holder’s Delivery Requirements. To convert Preferred Shares into shares of Common Stock on any a date (a "Conversion Date"), the Holder shall (A) transmit by facsimile (or otherwise deliver), for receipt on or prior to 11:59 p.m., New York City Time, on such date, a copy of a properly completed notice of conversion executed by the registered Holder of the Preferred Shares subject to such conversion in the form attached hereto as Exhibit I (the "Conversion Notice") to the Company and the Company's designated transfer agent (the "Transfer Agent") and (B) if required by Section 2(d)(viii), surrender to a common carrier for delivery to the Company as soon as practicable following such date the original certificates representing the Preferred Shares being converted (or certificates issued in compliance with the procedures set forth in Section 1412) (the "Preferred Stock Certificates").
Appears in 2 contracts
Samples: Merger Agreement (Digitalglobe Inc), Shareholder Agreement (Digitalglobe Inc)
Holder’s Delivery Requirements. To convert Preferred Shares into shares of Common Stock on any date (a "Conversion Date"), the Holder shall (A) transmit by facsimile (or otherwise deliver), for receipt on or prior to 11:59 p.m., New York City Time, on such date, a copy of a properly completed notice of conversion executed by the registered Holder of the Preferred Shares subject to such conversion in the form attached hereto as Exhibit I (the "Conversion Notice") to the Company and the Company's designated transfer agent (the "Transfer Agent") and (B) if required by Section 2(d)(viii), surrender to a common carrier for delivery to the Company as soon as practicable following such date the original certificates representing the Preferred Shares being converted (or compliance with the procedures set forth in Section 1413) (the "Preferred Stock Certificates").
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cano Petroleum, Inc), Investors Rights Agreement (Cano Petroleum, Inc)
Holder’s Delivery Requirements. To convert Preferred Shares into shares of Common Stock on any a date (a "“Conversion Date"”), the Holder shall (A) transmit by facsimile (or otherwise deliver), for receipt on or prior to 11:59 p.m., New York City Time, on such date, a copy of a properly completed notice of conversion executed by the registered Holder of the Preferred Shares subject to such conversion in the form attached hereto as Exhibit I (the "“Conversion Notice"”) to the Company and the Company's ’s designated transfer agent (the "“Transfer Agent"”) and (B) if required by Section 2(d)(viii), surrender to a common carrier for delivery to the Company as soon as practicable following such date the original certificates representing the Preferred Shares being converted (or compliance with the procedures set forth in Section 1412) (the "“Preferred Stock Certificates"”).
Appears in 1 contract
Holder’s Delivery Requirements. To convert Preferred Shares into shares of Common Stock on any date (a "the “Conversion Date"”), the Holder shall (A) transmit by facsimile (or otherwise deliver), for receipt on or prior to 11:59 5:00 p.m., New York City Time, on such date, a copy of a properly completed notice of conversion executed by the registered Holder of the Preferred Shares subject to such conversion in the form attached hereto as Exhibit I (the "“Conversion Notice"”) to the Company and the Company's ’s designated transfer agent (the "“Transfer Agent"”) and (B) if required by Section 2(d)(viii3(c)(vii), surrender to a common carrier for delivery to the Company as soon as practicable following such date the original certificates representing the Preferred Shares being converted (or compliance with the procedures set forth in Section 1413) (the "“Preferred Stock Certificates"”).
Appears in 1 contract
Samples: Securities Purchase Agreement (Act Teleconferencing Inc)
Holder’s Delivery Requirements. To convert Preferred Shares into shares of Common Stock on any date (a the "Conversion Date"), the Holder shall (A) transmit by facsimile (or otherwise deliver), for receipt on or prior to 11:59 p.m., New York City Time, on such date, a copy of a properly completed notice of conversion executed by the registered Holder of the Preferred Shares subject to such conversion in the form attached hereto as Exhibit I (the "Conversion Notice") to the Company and the Company's designated transfer agent (the "Transfer Agent") and (B) if required by Section 2(d)(viii2(d)(vii), surrender to a common carrier for delivery to the Company as soon as practicable following such date the original certificates representing the Preferred Shares being converted (or compliance with the procedures set forth in Section 14) (the "Preferred Stock Share Certificates").
Appears in 1 contract
Samples: Consent and Waiver Agreement (Interpharm Holdings Inc)
Holder’s Delivery Requirements. To convert Preferred Shares into shares of Common Stock on any date (a "“Conversion Date"”), the Holder shall (A) transmit by facsimile (or otherwise deliver), for receipt on or prior to 11:59 p.m., New York City Time, on such date, a copy of a properly completed notice of conversion executed by the registered Holder of the Preferred Shares subject to such conversion in the form attached hereto as Exhibit I (the "“Conversion Notice"”) to the Company and the Company's designated transfer agent (the "“Transfer Agent"”) and (B) if required by Section 2(d)(viii), surrender to a common carrier for delivery to the Company as soon as practicable following such date the original certificates representing the Preferred Shares being converted (or compliance with the procedures set forth in Section 1416) (the "“Preferred Stock Certificates"”).
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)