Limitations on Right to Convert. The right of the Borrower to convert all or a portion of the Revolving Facility Commitment to the Base Facility Commitment is subject to the following limitations:
Limitations on Right to Convert. In no event shall the Holder be permitted to convert principal of or Interest on this Note if, upon such conversion, (x) the number of Conversion Shares to be issued pursuant to such Conversion plus (y) the number of shares of Common Stock beneficially owned by the Holder (other than Common Stock which may be deemed beneficially owned except for being subject to a limitation on conversion or exercise analogous to the limitation contained in this Section 4(f)) would exceed 4.99% of the number of shares of Common Stock then issued and outstanding, it being the intent of the Company and the Holder that the Holder not be deemed at any time to have the power to vote or dispose of greater than 4.99% of the number of shares of Common Stock issued and outstanding at any time. Nothing contained herein shall be deemed to restrict the right of the Holder to convert such excess principal amount at such time as such Conversion will not violate the provisions of this Section4(f). As used herein, beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended, and the rules thereunder. To the extent that the limitation contained in this Section4(f) applies (and without limiting any rights the Company may otherwise have), the Company may rely on the Holder’s determination of whether this Note is convertible pursuant to the terms hereof, the Company shall have no obligation whatsoever to verify or confirm the accuracy of such determination, and the submission of a Conversion Notice by the Holder shall be deemed to be the Holder’s representation that this Note is convertible pursuant to the terms hereof. The Company shall have no liability to any person if the Holder’s determination of whether this Note is convertible pursuant to the terms hereof is incorrect.
Limitations on Right to Convert. The right of the Borrower to ------------------------------- convert all or a portion of the Revolving Facility Commitment to the Base Facility Commitment is subject to the following limitations:
Limitations on Right to Convert. Borrower’s right to convert all or any portion of the Variable Loan to a Fixed Loan is subject to the following limitations:
Limitations on Right to Convert. The limitations of Section 2.5 shall apply to any Conversion.
Limitations on Right to Convert. The right of the Borrowers to convert all or a portion of the Revolving Facility Credit Commitment to the Base Facility Credit Commitment is subject to the following limitations:
Limitations on Right to Convert. Notwithstanding anything in Section 6 or Section 7 to the contrary, prior to the effectiveness and consummation of any proposed conversion pursuant to Section 6 or Section 7 hereof of shares of Series A Preferred Stock owned by a holder (other than an automatic conversion pursuant to the provisions of the third sentence of Section 6(a) hereof), such holder shall make a determination as to whether such proposed conversion requires, prior to the consummation thereof, that filings under the Hart-Scott-Xxxxxx Xxxxxxxxx Improvements Act of 1976, as amended, or the rules and regulations promulgated thereunder (said Act and said rules and regulations being referred to herein, collectively, as the "HSR Act"), be made. If such holder shall make the determination that such proposed conversion requires, prior to the consummation thereof, that filings under the HSR Act be made, then such holder shall give prompt written notice of such determination to the Company (but in no event less than 10 days prior to the proposed conversion date) and such written notice shall state the portion, if any, of such shares of Series A Preferred Stock originally subject to such proposed conversion that could be converted into Common Stock without having to make any filings under the HSR Act (the "Non-HSR Series A Preferred Shares"), and the portion of such shares of Series A Preferred Stock originally subject to such proposed conversion that require, prior to the consummation of such proposed conversion, that filings under the HSR Act be made (the "HSR Series A Preferred Shares"). In the event that such holder shall give such written notice to the Company, the proposed conversion of the Non-HSR Series A Preferred Shares into Common Stock shall be consummated pursuant to, and in accordance with, the provisions of Section 6 or Section 7 hereof, as applicable, and, notwithstanding anything in Section 6 or Section 7 hereof to the contrary, the proposed conversion of the HSR Series A Preferred Shares into Common Stock shall not be consummated unless and until (i) such holder gives written notice to the Company that such holder desires to cause to be made the filings required under the HSR Act in order to effect the proposed conversion into Common Stock of the HSR Series A Preferred Shares (the "HSR Filing Notice"), (ii) such filings required under the HSR Act are made and (iii) the waiting period under the HSR Act with respect to such proposed conversion shall have expired or been subject t...
Limitations on Right to Convert. Borrower’s right to convert all or a portion of any Variable Advance to a Fixed Advance is subject to the following limitations:
Limitations on Right to Convert. 44 5.04. Conditions Precedent to Conversion. . . . . . . . . . . . . . . . 44 5.05. Interest Rate of Base Facility Advances After Conversion. . . . . 45
Limitations on Right to Convert. In no event shall the Holder be permitted to convert principal of this Debenture in excess of that amount of principal upon the Conversion of which:
