Common use of Holder’s Option if Company Cannot Fully Convert Clause in Contracts

Holder’s Option if Company Cannot Fully Convert. If, upon the Company’s receipt of a Notice of Conversion or as otherwise required under this Note, the Company cannot issue Common Stock for any reason, including, without limitation, because the Company (x) does not have a sufficient number of shares of Common Stock authorized and available or (y) is otherwise prohibited by applicable law or by the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Company or any of its securities from issuing all of the Common Stock which is to be issued to the Holder pursuant to this Note, then the Company shall issue as many shares of Common Stock as it is able to issue and, with respect to the unconverted portion of this Note or with respect to any Common Stock not timely issued in accordance with this Note, the Holder, solely at Holder’s option, can elect to:

Holder’s Option if Company Cannot Fully Convert. If, upon the Company’s receipt of a Notice of Conversion or as otherwise required under this Advance Note, including with respect to repayment of Principal, the Company cannot issue all or any portion of the Common Stock due on such conversion for any reason, including, without limitation, because the Company (x) does not have a sufficient number of shares of Common Stock authorized and available or (y) is otherwise prohibited by applicable law or by the rules or regulations of any stock national securities exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Company or any of its securities from issuing all of the shares of Common Stock which is are to be issued to the Holder pursuant to this Advance Note, then the Company shall issue as many shares of Common Stock as it is able to issue and, with respect to the unconverted portion of this Advance Note or with respect to any Common Stock not timely issued in accordance with this Advance Note, the Holder, solely at Holder’s option, can elect to:

Holder’s Option if Company Cannot Fully Convert. If, upon the Company’s receipt of a Notice of Conversion or as otherwise required under this NoteNotice, the Company cannot issue shares of Common Stock for any reason, including, without limitation, because the Company (xw) does not have a sufficient number of shares of Common Stock authorized and available available, or (yx) is otherwise prohibited by applicable law or by the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Company or any of its securities from issuing all of the Common Stock which is to be issued to the Holder pursuant to this Notea Conversion Notice, then the Company shall issue as many shares of Common Stock as it is able to issue in accordance with the Holder’s Conversion Notice and, with respect to the unconverted portion of this each Note or with respect to any Common Stock not timely issued in accordance with this Note(as applicable), the Holder, solely at Holder’s its option, can elect to: