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 13) (the “Preferred Stock Certificates”).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Cano Petroleum, Inc), Agreement and Plan of Merger (Cano Petroleum, Inc), Securities Purchase Agreement (Cano Petroleum, 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 '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 1314) (the “"Preferred Stock Certificates”").
Appears in 3 contracts
Samples: Exchange Agreement (Eon Communications Corp), Securities Purchase Agreement (Eon Communications Corp), Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
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 certificates issued in compliance with the procedures set forth in Section 1312) (the “"Preferred Stock Certificates”").
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Digitalglobe Inc), Registration Rights 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 '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 13) (the “"Preferred Stock Certificates”").
Appears in 2 contracts
Samples: Investors Rights Agreement (Cano Petroleum, Inc), Agreement and Plan of Merger (Cano Petroleum, Inc)
Holder’s Delivery Requirements. To convert Series B Preferred Shares into shares of Common Stock on any date (a “Conversion Date”), the such Holder shall (A) transmit by facsimile or electronic mail (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 Series B 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)(viii3(c)(vi), surrender to a common carrier for delivery to the Company as soon as practicable following such date the original certificates representing the Series B Preferred Shares being converted (or compliance with the procedures set forth in Section 1315) (the “Series B Preferred Stock Certificates”).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Telik Inc), Telik 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 compliance with the procedures set forth in Section 1312) (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 “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 1316) (the “Preferred Stock Certificates”).
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Eon Communications Corp)
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 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 13) (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 's 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 1314) (the “"Preferred Stock Share Certificates”").
Appears in 1 contract
Samples: Consent and Waiver Agreement (Interpharm Holdings Inc)