Holder’s Delivery Requirements. Such notice exchanging Common Stock into Conversion Shares in accordance with this Section 8 by the holder (the "EXCHANGE NOTICE") shall (A) be delivered by facsimile to the Company and BSTI for receipt on or prior to 12:00 noon Eastern Standard Time or (B) the immediately succeeding Trading Day if it is received by facsimile or otherwise after 12:00 noon Eastern Standard Time on a Trading Day (the "EXCHANGE DATE") and (B) the holder shall surrender to a common carrier for delivery to BSTI as soon as practicable following such date, but in no event later than four (4) Trading Days prior to a Closing Date, the original certificates representing the Common Stock being exchanged (or an indemnification undertaking with respect to such shares in the case of their loss, theft, or destruction) and the originally executed conversion notice.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Bioshield Technologies Inc), Securities Purchase Agreement (Bioshield Technologies Inc), Securities Purchase Agreement (Bioshield Technologies Inc)
