Common use of Initial Change of Control Notice Clause in Contracts

Initial Change of Control Notice. On or before the twentieth (20th) Business Day prior to the date on which the Company anticipates consummating a Change of Control (or, if later, promptly after the Company discovers that a Change of Control may occur), a written notice shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company, which notice shall (i) contain the date on which the Change of Control is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Change of Control was filed) and (ii) specify the identity of the Change of Control Put Purchaser (the “Initial Change of Control Notice”). No later than ten (10) Business Days prior to the date on which the Company anticipates consummating the Change of Control as set forth in the Initial Change of Control Notice (or, if the Change of Control has already occurred as provided in the Initial Change of Control Notice, promptly, but no later than the tenth (10th) Business Day following receipt thereof), any Holder that desires to exercise its rights pursuant to Section 9(a) shall notify the Company in writing thereof and shall specify (x) whether such Holder is electing to exercise its rights pursuant to clause (i), (ii) or (iii) of Section 9(a) and (y) the number of shares of Series A Preferred Stock subject to each such election.

Initial Change of Control Notice. On or before the twentieth (20th) 20th Business Day prior to the date on which the Company anticipates consummating a Change of Control (or, if later, promptly after the Company discovers that a Change of Control may occur), a written notice (the “Initial Change of Control Notice”) shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company, which notice shall contain (i) contain the date on which the Change of Control is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Change of Control was filed) and ), (ii) specify a description of the identity material terms and conditions of the Change of Control Put Purchaser and (iii) the “Initial Change of Control Notice”)then-applicable Conversion Rate. No later than the later of (x) ten (10) Business Days prior to the date on which the Company anticipates consummating the Change of Control Effective Date as set forth in the Initial Change of Control Notice and (or, if y) the Change 20th Business Day following receipt of Control has already occurred as provided in the applicable Initial Change of Control Notice, promptly, but no later than the tenth (10th) Business Day following receipt thereof), any Holder that desires to exercise its rights pursuant to Section 9(a1(a) shall notify the Company in writing thereof (a “Change of Control Election Notice”) and shall specify (xA) whether such Holder is electing to exercise its rights pursuant to clause (i1(a)(i), (ii) or (iii) of Section 9(a) both, and (yB) the number of shares of Series A B-2 Preferred Stock subject to each such electionthereto.

Initial Change of Control Notice. On or before the twentieth (20th) Business Day prior to the date on which the Company anticipates consummating a Change of Control (or, if later, promptly after the Company discovers that a Change of Control may occur), a written notice (the “Initial Change of Control Notice”) shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company, which notice shall contain (i) contain the date on which the Change of Control is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Change of Control was filed) and ), (ii) specify a description of the identity material terms and conditions of the Change of Control Put Purchaser Control, (iii) the “Initial then applicable Conversion Rate and (iv) the anticipated Change of Control Notice”)Put Price. No later than ten (10) Business Days prior to the date on which the Company anticipates consummating the Change of Control as set forth in the Initial Change of Control Notice (or, in the case of Section 9(a)(ii), if the Change of Control has already occurred as provided in the Initial Change of Control Notice, promptly, but no later than the tenth (10th) Business Day following receipt thereof), any Holder that desires to exercise its rights pursuant to Section 9(a) shall notify the Company in writing thereof and shall specify (x) whether such Holder is electing to exercise its rights pursuant to clause (iSection 9(a)(i), (ii) or both (iii) of Section 9(a) as applicable), and (y) the number of shares of Series A Preferred Stock subject to each such electionthereto.

Initial Change of Control Notice. On or before the twentieth (20th) Business Day prior to the date on which the Company anticipates consummating a Change of Control (or, if later, promptly after the Company discovers that a Change of Control may occur), a written notice (the “Initial Change of Control Notice”) shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company, which notice shall contain (i) contain the date on which the Change of Control is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Change of Control was filed) and ), (ii) specify a description of the identity material terms and conditions of the Change of Control Put Purchaser and (iii) the “Initial Change of Control Notice”)then applicable Conversion Rate. No later than ten (10) Business Days prior to the date on which the Company anticipates consummating the Change of Control as set forth in the Initial Change of Control Notice (or, if the Change of Control has already occurred as provided in the Initial Change of Control Notice, promptly, but no later than the tenth (10th) Business Day following receipt thereof), any Holder that desires to exercise its rights pursuant to Section 9(a) shall notify the Company in writing thereof and shall specify (x) whether such Holder is electing to exercise its rights pursuant to clause (iSection 9(a)(i), (ii) or (iii) of Section 9(a) both, and (y) the number of shares of Series A B Preferred Stock subject to each such electionthereto.

Initial Change of Control Notice. On The Company shall use commercially reasonable efforts on or before the twentieth tenth (20th10th) Business Day prior to the date on which the Company anticipates consummating a Change of Control (or, if later, promptly after the Company discovers that a Change of Control may occur), a written notice (the “Initial Change of Control Notice”) shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company, which notice shall (i) contain the date on which the Change of Control is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Change of Control was filed) and (ii) specify whether the identity Company intends to exercise its Change of Control Call. To the extent the Change of Control Put Purchaser (Call has not been previously exercised by the “Initial Change of Control Notice”). No Company, no later than ten five (105) Business Days prior to after the date on which the Company anticipates consummating the Change delivery of Control as set forth in the Initial Change of Control Notice (or, if the Change of Control has already occurred as provided in the Initial Change of Control Notice, promptly, but no later than the tenth (10th) Business Day following receipt thereof), any Holder that desires to exercise its rights pursuant to Section 9(a) shall notify the Company in writing thereof and shall specify (x) whether that such Holder is electing to exercise its rights pursuant to clause (iSection 9(a), (ii) or (iii) of Section 9(a) and (y) the number of shares of Series A Preferred Stock subject thereto. Each Holder may also exercise its right to each such electionconvert any or all shares of Series A Preferred Stock pursuant to Section 6(a) until the later of the effective date of the Change of Control (the “Change of Control Effective Date”) or five (5) Business Days after the delivery of the Initial Change of Control Notice.

Initial Change of Control Notice. On or before the twentieth (20th) Business Day prior to the effective date on which the Company anticipates consummating of a Change of Control (the “Change of Control Effective Date”) (or, if later, promptly after the Company discovers that a Change of Control may occur), a written notice (the “Initial Change of Control Notice”) shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company, which notice shall contain (i) contain the date on which the Change of Control is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Change of Control was filed) and ), (ii) specify a description of the identity material terms and conditions of the Change of Control Put Purchaser and (iii) the “Initial Change of Control Notice”)then applicable Conversion Rate. No later than ten (10) Business Days prior to the date on which the Company anticipates consummating the Change of Control Effective Date as set forth in the Initial Change of Control Notice (or, if the Change of Control has already occurred as provided in the Initial Change of Control Notice, promptly, but no later than the tenth (10th) Business Day following receipt thereof), any Holder that desires to exercise its rights pursuant to Section 9(a) shall notify the Company in writing thereof and shall specify (x) whether such Holder is electing to exercise its rights right to convert all or a portion of its shares of Series A Preferred Stock pursuant to clause (iSection 9(a), (ii) or (iii) of Section 9(a) and (y) the number of shares of Series A Preferred Stock subject to each such electionthereto.

Initial Change of Control Notice. On or before the twentieth (20th) 20th Business Day prior to the date on which the Company anticipates consummating a Change of Control (or, if later, promptly after the Company discovers that a Change of Control may occur), a written notice (the “Initial Change of Control Notice”) shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company, which notice shall contain (i) contain the date on which the Change of Control is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Change of Control was filed) and ), (ii) specify a description of the identity material terms and conditions of the Change of Control Put Purchaser and (iii) the “Initial Change of Control Notice”)then-applicable Conversion Rate. No later than the later of (x) ten (10) Business Days prior to the date on which the Company anticipates consummating the Change of Control Effective Date as set forth in the Initial Change of Control Notice and (or, if y) the Change 20th Business Day following receipt of Control has already occurred as provided in the applicable Initial Change of Control Notice, promptly, but no later than the tenth (10th) Business Day following receipt thereof), any Holder that desires to exercise its rights pursuant to Section 9(a) shall notify the Company in writing thereof (a “Change of Control Election Notice”) and shall specify (xA) whether such Holder is electing to exercise its rights pursuant to clause (i9(a)(i), (ii) or (iii) of Section 9(a) both, and (yB) the number of shares of Series A B-1 Preferred Stock subject to each such electionthereto.

Initial Change of Control Notice. On or before the twentieth (20th) Business Day prior to the date on which the Company anticipates consummating a Change of Control (or, if later, promptly after the Company discovers that a Change of Control may occur), a written notice (the “Initial Change of Control Notice”) shall be sent by or on behalf of the Company to the Holders as they appear in the records of the Company, which notice shall contain (i) contain the date on which the Change of Control is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Change of Control was filed) and ), (ii) specify a description of the identity material terms and conditions of the Change of Control Put Purchaser Control, (iii) the “Initial then applicable Conversion Rate and (iv) the anticipated Change of Control Notice”)Put Price. No later than ten (10) Business Days prior to the date on which the Company anticipates consummating the Change of Control as set forth in the Initial Change of Control Notice (or, in the case of Section 9(a)(ii), if the Change of Control has already occurred as provided in the Initial Change of Control Notice, promptly, but no later than the tenth (10th) Business Day following receipt thereof), any Holder that desires to exercise its rights pursuant to Section 9(a) shall notify the Company in writing thereof and shall specify (x) whether such Holder is electing to exercise its rights pursuant to clause (iSection 9(a)(i), (ii) or both (iii) of Section 9(a) as applicable), and (y) the number of shares of Series A B Preferred Stock subject to each such electionthereto.