Common use of Mechanics of Fulfilling Holder’s Election Clause in Contracts

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send to the Holder, upon receipt of a Conversion Notice from the Holder, which cannot be fully satisfied as described in Section 3.6(a) above, a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holder’s Conversion Notice; and (ii) the amount of this Note which cannot be converted. The Holder shall notify the Maker of its election pursuant to Section 3.6(a) above by delivering written notice to the Maker (“Notice in Response to Inability to Convert”).

Appears in 54 contracts

Samples: Securities Purchase Agreement (Iridex Corp), Convertible Promissory Note (Cyber App Solutions Corp.), Securities Purchase Agreement (Tuatara Capital Acquisition Corp)

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Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send via facsimile to the Holder, upon receipt of a facsimile copy of a Conversion Notice from the Holder, Holder which cannot be fully satisfied as described in Section 3.6(a3.7(a) above, a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holdersuch holder’s Conversion Notice; and , (ii) the amount of this Note which cannot be convertedconverted and (iii) the applicable Mandatory Prepayment Price. The Holder shall notify the Maker of its election pursuant to Section 3.6(a3.7(a) above by delivering written notice via facsimile to the Maker (“Notice in Response to Inability to Convert”).

Appears in 12 contracts

Samples: Note and Warrant Purchase Agreement (Echo Therapeutics, Inc.), Urigen Pharmaceuticals, Inc., Urigen Pharmaceuticals, Inc.

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send via facsimile to the Holder, upon receipt of a facsimile copy of a Conversion Notice from the Holder, Holder which cannot be fully satisfied as described in Section 3.6(a3.8(a) above, a notice of the Maker’s 's inability to fully satisfy the Conversion Notice (the "Inability to Fully Convert Notice"). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holder’s such holder's Conversion Notice; and , (ii) the amount of this Note which cannot be convertedconverted and (iii) the applicable Mandatory Prepayment Price. The Holder shall notify the Maker of its election pursuant to Section 3.6(a3.8(a) above by delivering written notice via facsimile to the Maker ("Notice in Response to Inability to Convert").

Appears in 11 contracts

Samples: Note and Warrant Purchase Agreement (Eden Energy Corp), Quest Oil Corp, Ambient Corp /Ny

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send to the Holder, upon receipt of a Conversion Notice from the Holder, which cannot be fully satisfied as described in Section 3.6(a3.5(a) above, a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holder’s Conversion Notice; and (ii) the amount of this Note which cannot be converted. The Holder shall notify the Maker of its election pursuant to Section 3.6(a3.5(a) above by delivering written notice to the Maker (“Notice in Response to Inability to Convert”).

Appears in 11 contracts

Samples: cbdMD, Inc., Caravelle International Group, Zhibao Technology Inc.

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately promptly send to the Holder, upon receipt of a Conversion Notice from the Holder, which cannot be fully satisfied as described in Section 3.6(a3.5(a) above, a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holder’s Conversion Notice; and (ii) the amount of this Note which cannot be converted. The Holder shall notify the Maker of its election pursuant to Section 3.6(a3.5(a) above by delivering written notice to the Maker (“Notice in Response to Inability to Convert”).

Appears in 9 contracts

Samples: SEALSQ Corp, SEALSQ Corp, SEALSQ Corp

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send to the Holder, upon receipt of a Conversion Notice from the Holder, which cannot be fully satisfied as described in Section 3.6(a4.5(a) above, a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holder’s Conversion Notice; and (ii) the amount of this Note which cannot be converted. The Holder shall notify the Maker of its election pursuant to Section 3.6(a4.5(a) above by delivering written notice to the Maker (“Notice in Response to Inability to Convert”).

Appears in 8 contracts

Samples: Marizyme, Inc., Marizyme, Inc., Northann Corp.

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send via facsimile to the Holder, upon receipt of a facsimile copy of a Conversion Notice from the Holder, Holder which cannot be fully satisfied as described in Section 3.6(a) above, a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Notice of Inability to Fully Convert NoticeConvert”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holdersuch holder’s Conversion Notice; and , (ii) the amount of this Note which cannot be converted, and (iii) the applicable Mandatory Prepayment Price. The Holder shall notify the Maker of its election pursuant to Section 3.6(a) above by delivering written notice via facsimile to the Maker (“Notice in Response to Election Upon Inability to Convert”).

Appears in 6 contracts

Samples: Waiver for Securities Purchase Agreement (Neoprobe Corp), Securities Purchase Agreement (Neoprobe Corp), Securities Purchase Agreement (Neoprobe Corp)

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send via facsimile to the Holder, upon receipt of a facsimile copy of a Conversion Notice from the Holder, Holder which cannot be fully satisfied as described in Section 3.6(a3.8(a) above, a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holdersuch holder’s Conversion Notice; and , (ii) the amount of this Note which cannot be convertedconverted and (iii) the applicable Mandatory Prepayment Price. The Holder shall notify the Maker of its election pursuant to Section 3.6(a3.8(a) above by delivering written notice via facsimile to the Maker (“Notice in Response to Inability to Convert”).

Appears in 4 contracts

Samples: Note and Warrant Purchase Agreement (Apollo Resources International Inc), Interlink Global Corp, Ambient Corp /Ny

Mechanics of Fulfilling Holder’s Election. The Maker Company shall immediately send to the Holder, upon receipt of a Notice of Conversion Notice from the Holder, which cannot be fully satisfied as described in Section 3.6(a4(c)(iii)(a) above, a notice of the MakerCompany’s inability to fully satisfy the Notice of Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker Company is unable to fully satisfy the Holder’s Conversion NoticeNotice of Conversion; and (ii) the amount of this Note which cannot be converted. The Holder shall notify the Maker Company of its election pursuant to Section 3.6(a4(c)(iii)(a) above by delivering written notice to the Maker Company (“Notice in Response to Inability to Convert”).

Appears in 3 contracts

Samples: Vsee Health, Inc., Vsee Health, Inc., Digital Health Acquisition Corp.

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send to the Holder, upon receipt of a Conversion Notice from the Holder, which cannot be fully satisfied as described in Section 3.6(a) above, a notice of the Maker’s 's inability to fully satisfy the Conversion Notice (the "Inability to Fully Convert Notice"). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holder’s 's Conversion Notice; and (ii) the amount of this Note which cannot be converted. The Holder shall notify the Maker of its election pursuant to Section 3.6(a) above by delivering written notice to the Maker ("Notice in Response to Inability to Convert").

Appears in 2 contracts

Samples: Sphere 3D Corp., Seelos Therapeutics, Inc.

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately promptly send via facsimile to the Holder, upon receipt of a facsimile copy of a Conversion Notice from the Holder, Holder which cannot be fully satisfied as described in Section 3.6(a3.8(a) above, a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holdersuch holder’s Conversion Notice; Notice and (ii) the amount of this Note which cannot be converted. The Holder shall notify the Maker of its election pursuant to Section 3.6(a3.8(a) above by delivering written notice via facsimile to the Maker (“Notice in Response to Inability to Convert”).

Appears in 2 contracts

Samples: FLO Corp, FLO Corp

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Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send to the Holder, upon receipt of a Conversion Notice from the Holder, which cannot be fully satisfied as described in Section 3.6(a) above3.06(a), a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holder’s Conversion Notice; and (ii) the amount of this Note which cannot be converted. The Holder shall notify the Maker of its election pursuant to Section 3.6(a3.06(a) above by delivering written notice to the Maker (“Notice in Response to Inability to Convert”).

Appears in 2 contracts

Samples: AERWINS Technologies Inc., AERWINS Technologies Inc.

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send via facsimile to the Holder, upon receipt of a facsimile copy of a Conversion Notice from the Holder, Holder which cannot be fully satisfied as described in Section 3.6(a3.9(a) above, a notice of the Maker’s 's inability to fully satisfy the Conversion Notice (the "Inability to Fully Convert Notice"). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holder’s such holder's Conversion Notice; and , (ii) the amount of this the Note which cannot be convertedconverted and (iii) the applicable Mandatory Prepayment Price. The Holder shall notify the Maker of its election pursuant to Section 3.6(a3.8(a) above by delivering written notice via facsimile to the Maker ("Notice in Response to Inability to Convert").

Appears in 2 contracts

Samples: Armitec Inc, Armitec Inc

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send via facsimile to the Holder, upon receipt of a facsimile copy of a Conversion Notice from the Holder, Holder which cannot be fully satisfied as described in Section 3.6(a3.8(a) above, a notice of the Maker’s 's inability to fully satisfy the Conversion Notice (the "Inability to Fully Convert Notice"). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holder’s such holder's Conversion Notice; and , (ii) the amount of this the Note which cannot be convertedconverted and (iii) the applicable Mandatory Prepayment Price. The Holder shall notify the Maker of its election pursuant to Section 3.6(a3.8(a) above by delivering written notice via facsimile to the Maker ("Notice in Response to Inability to Convert").

Appears in 2 contracts

Samples: Vertel Corp, Imaging Technologies Corp/Ca

Mechanics of Fulfilling Holder’s Election. The Upon receipt of the Conversion Notice, the Maker shall immediately send to notify the Holder, upon receipt of a Conversion Notice from the Holdervia facsimile, which cannot be fully satisfied as described in Section 3.6(a) above, a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Inability to Fully Convert Notice”). Such The Inability to Fully Convert Notice shall indicate the following: (i) the reason why the Maker is unable to fully satisfy the Holder’s Conversion Notice; and (ii) the amount of this the Note for which cannot be convertedconversion has been requested; and (iii) the Mandatory Prepayment Price. The Holder shall notify the Maker of its election pursuant to Section 3.6(a3.7(a) above by delivering written notice via facsimile to the Maker (“Notice in Response to Inability to Convert”).

Appears in 1 contract

Samples: ChromaDex Corp.

Mechanics of Fulfilling Holder’s Election. The Maker Company shall immediately send to the Holder, upon receipt of a Notice of Conversion Notice from the Holder, which cannot be fully satisfied as described in Section 3.6(a) above, a notice of the MakerCompany’s inability to fully satisfy the Notice of Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker Company is unable to fully satisfy the Holder’s Conversion NoticeNotice of Conversion; and (ii) the amount of this Advance Note which cannot be converted. The Holder shall notify the Maker Company of its election pursuant to Section 3.6(a3.5(a) above by delivering written notice to the Maker Company (“Notice in Response to Inability to Convert”).

Appears in 1 contract

Samples: Pledge Agreement (Ascent Solar Technologies, Inc.)

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send via email to the Holder, upon receipt of a copy of a Conversion Notice from the Holder, Holder which cannot be fully satisfied as described in Section 3.6(a) 3.7.1 above, a notice of the Maker’s inability to fully satisfy the Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy the Holder’s Conversion Notice; and , (ii) the amount of this Note which cannot be convertedconverted and (iii) the applicable Mandatory Prepayment Price. The Holder shall notify the Maker of its election pursuant to Section 3.6(a) 3.7.1 above by delivering written notice via facsimile to the Maker (“Notice in Response to Inability to Convert”).

Appears in 1 contract

Samples: VistaGen Therapeutics, Inc.

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