Common use of Initial Fundamental Change Notice Clause in Contracts

Initial Fundamental Change Notice. On or before the twentieth (20th) Business Day prior to the date on which the Company anticipates consummating a Fundamental Change (or, if later, promptly after the Company discovers that a Fundamental Change 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 contain the date on which the Fundamental Change is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Fundamental Change was filed) (the “Initial Fundamental Change Notice”). No later than ten (10) Business Days prior to the date on which the Company anticipates consummating the Fundamental Change as set forth in the Initial Fundamental Change Notice (or, if the Fundamental Change has already occurred as provided in the Initial Fundamental Change 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 8(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) or (ii) of Section 8(a) and (y) the number of shares of Convertible Preferred Stock subject thereto.

Initial Fundamental Change Notice. On or before the twentieth (20th) Business Day prior to the date on which the Company Corporation anticipates consummating a Fundamental Change (or, if later, promptly after the Company Corporation discovers that a Fundamental Change may occur), a written notice shall be sent by or on behalf of the Company Corporation to the Holders as they appear in the records of the CompanyCorporation, which notice shall contain the date on which the Fundamental Change is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Fundamental Change was filed) (the “Initial Fundamental Change Notice”). No later than ten (10) Business Days prior to the date on which the Company Corporation anticipates consummating the Fundamental Change as set forth in the Initial Fundamental Change Notice (or, if the Fundamental Change has already occurred as provided in the Initial Fundamental Change 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 8(a9(a) shall notify the Company Corporation in writing thereof and shall specify (x) whether such Holder is electing to exercise its rights pursuant to clause (i) or (ii) of Section 8(a9(a) and (y) the number of shares of Convertible Preferred Stock subject thereto.

Initial Fundamental Change Notice. On or before the twentieth (20th) Business Day prior to the effective date on which the Company anticipates consummating of a Fundamental Change (the “Fundamental Change Effective Date”) (or, if later, promptly after the Company discovers that a Fundamental Change may occur), a written notice (the “Initial Fundamental Change 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) the date on which the Fundamental Change is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Fundamental Change was filed), (ii) (a description of the “Initial material terms and conditions of the Fundamental Change Notice”)and (iii) the then applicable Conversion Price. No later than ten (10) Business Days prior to the date on which the Company anticipates consummating the Fundamental Change Effective Date as set forth in the Initial Fundamental Change Notice (or, if the Fundamental Change has already occurred as provided in the Initial Fundamental Change 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 8(a9(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 Series A Preferred Shares or to cause the Company to repurchase all or a portion of its Series A Preferred Shares pursuant to clause (i) or (ii) of Section 8(a) 9(a), and (y) the number of shares of Convertible Series A Preferred Stock Shares subject thereto.

Initial Fundamental Change Notice. On or before the twentieth (20th) Business Day prior to the date on which the Company Corporation anticipates consummating a Fundamental Change (or, if later, promptly after the Company Corporation discovers that a Fundamental Change may occuroccur less than twenty (20) Business Days prior to the anticipated effective date of such Fundamental Date, promptly after such discovery by the Corporation), a written notice shall be sent by or on behalf of the Company Corporation to the Holders as they appear in the records of the CompanyCorporation, which notice shall contain the date on which the Fundamental Change is anticipated to be effected (or, if applicable, the date on which a Schedule TO or other schedule, form or report disclosing a Fundamental Change was filed) (the “Initial Fundamental Change Notice”). No later than ten (10) Business Days prior to the date on which the Company Corporation anticipates consummating the Fundamental Change as set forth in the Initial Fundamental Change Notice (or, if the Fundamental Change has already occurred as provided or is anticipated to occur in less than ten (10) Business Days after the provision of the Initial Fundamental Change 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 8(a9(a) shall notify the Company Corporation in writing thereof and shall specify (x) whether such Holder is electing to exercise its rights pursuant to clause (i) or (ii) of Section 8(a9(a) and (y) the number of shares of Convertible Preferred Stock subject thereto.