Manner of Conversion. This Note may be converted on any Business Day prior to the Maturity Date (any such date of conversion, a "Conversion Date"). In order to exercise such conversion privilege, the Holder shall surrender this Note to the Borrower accompanied by a written statement (the "Conversion Notice") designating the portion of the Total Convertible Amount to be converted. If the Holder elects to convert this Note, or a portion thereof, such conversion (a "Conversion") shall be deemed to have taken place immediately prior to the close of business on the Conversion Date, and at such time the rights of the Holder as Holder of this Note shall cease to the extent of the portion of the Total Convertible Amount so converted and the Holder shall be treated for all purposes (with respect to such portion) as the record holder of the common stock issuable upon conversion at such time.
Appears in 5 contracts
Samples: Kmart Holding Corp, Esl Investments Inc, Kmart Holding Corp
Manner of Conversion. This Note may be converted on any Business Day prior to the Maturity Date (any such date of conversion, a "Conversion Date"). In order to exercise such conversion privilege, the Holder shall surrender this Note to the Borrower accompanied by a written statement (the "Conversion Notice") designating the portion of the Total Convertible Amount to be converted. If the Holder elects to convert this Note, or a portion thereof, such conversion (a "Conversion") shall be deemed to have taken place immediately prior to the close of business on the Conversion Date, and at such time the rights of the Holder as Holder of this Note shall cease to the extent of the portion of the Total Convertible Amount so converted and the Holder shall be treated for all purposes (with respect to such portion) as the record holder of the common stock Common Stock issuable upon conversion Conversion at such time.
Appears in 4 contracts
Samples: Zam Holdings L P, Cosi Inc, Cosi Inc