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 55 contracts

Samples: Convertible Note (Digiasia Corp.), Convertible Note (Digiasia Corp.), Convertible Note (Digiasia 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: Senior Convertible Promissory Note (Urigen Pharmaceuticals, Inc.), Senior Convertible Promissory Note (Urigen Pharmaceuticals, Inc.), 10% Senior Secured Convertible Promissory Note (Wits Basin Precious Minerals 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), Secured Convertible Promissory Note (Ambient Corp /Ny), Senior Secured Convertible Promissory Note (Quest Oil 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(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: Convertible Security Agreement (cbdMD, Inc.), Note Agreement (Caravelle International Group), Note Agreement (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: Note Agreement (SEALSQ Corp), Note Agreement (SEALSQ Corp), Note Agreement (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: Note Agreement (Marizyme, Inc.), Note Agreement (Marizyme, Inc.), Note Agreement (Northann Corp.)

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send to the Holder, upon Upon receipt of a facsimile copy of an Optional Conversion Notice from the Holder, Holder which cannot be fully satisfied as described in Section 3.6(a3.8(a) above, the Company shall within two (2) Trading Days send via facsimile to the Holder a notice of the MakerCompany’s inability to fully satisfy the Optional 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 Optional 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 Makers of its election pursuant to Section 3.6(a3.8(a) above by delivering written notice via facsimile to the Maker Makers (“Notice in Response to Inability to Convert”).

Appears in 6 contracts

Samples: Convertible Note Agreement (Juma Technology Corp.), Convertible Note Agreement (Juma Technology Corp.), Convertible Note Agreement (Juma Technology 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: Securities Purchase Agreement (Neoprobe Corp), Convertible Promissory Note (Neoprobe Corp), Convertible Promissory Note (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: Secured Convertible Promissory Note (Ambient Corp /Ny), Secured Convertible Promissory Note (Ambient Corp /Ny), Senior Secured Convertible Promissory Note (Interlink Global 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(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: Convertible Security Agreement (Vsee Health, Inc.), Convertible Security Agreement (Vsee Health, Inc.), Convertible Security Agreement (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) 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: Note Agreement (AERWINS Technologies Inc.), Note Agreement (AERWINS Technologies Inc.)

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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: Senior Convertible Promissory Note (FLO Corp), Senior Convertible Promissory Note (FLO 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: Note Agreement (Sphere 3D Corp.), Convertible Note (Seelos Therapeutics, Inc.)

Mechanics of Fulfilling Holder’s Election. The Maker shall immediately send to the Holder, upon 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, the Maker shall within two (2) Trading Days send via facsimile to the Holder 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 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 1 contract

Samples: Convertible Promissory Note (Juma Technology 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: Securities Purchase Contract (Ascent Solar Technologies, Inc.)

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: Convertible Note (ChromaDex Corp.)

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: Senior Secured Convertible Promissory Note (VistaGen Therapeutics, Inc.)

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