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

Mechanics of Fulfilling Holder’s Election. The Company shall immediately send via facsimile to a holder of Series C Preferred Stock, upon receipt of a facsimile copy of a Conversion Notice from such holder which cannot be fully satisfied as described in Section 9(a) above, a notice of the Company’s inability to fully satisfy such holder’s Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Company is unable to fully satisfy such holder’s Conversion Notice, (ii) the number of Series C Preferred Stock which cannot be converted and (iii) the Applicable Redemption Price. Such holder shall notify the Company of its election pursuant to Section 9(a) above by delivering written notice via facsimile to the Company (“Notice in Response to Inability to Convert”).

Mechanics of Fulfilling Holder’s Election. The Company shall immediately send via facsimile to a holder of Series C Preferred StockA, upon receipt of a facsimile copy of a Conversion Notice from such holder which cannot be fully satisfied as described in Section 9(a8(a) above, a notice of the Company’s 's inability to fully satisfy such holder’s 's Conversion Notice (the “"Inability to Fully Convert Notice”"). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Company is unable to fully satisfy such holder’s 's Conversion Notice, (ii) the number of shares of Series C Preferred Stock which A that cannot be converted and (iii) the Applicable applicable Mandatory Redemption Price, if applicable pursuant to Section 8(a)(A) above. Such If applicable, such holder shall notify the Company of its election pursuant to Section 9(a8(a)(A) above by delivering written notice via facsimile to the Company (“"Notice in Response to Inability to Convert”").

Mechanics of Fulfilling Holder’s Election. The Company shall immediately promptly send via electronic mail or facsimile to a holder of Series C Preferred StockC-1 Preferred, upon receipt of a electronic mail or facsimile copy of a Conversion Notice from such holder which cannot be fully satisfied as described in Section 9(a8(a) above, a notice of the Company’s 's inability to fully satisfy such holder’s 's Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Company is unable to fully satisfy such holder’s 's Conversion Notice, and (ii) the number of shares of Series C C-1 Preferred Stock which cannot be converted and (iii) the Applicable Redemption Priceconverted. Such holder shall notify the Company of its election pursuant to Section 9(a8(a) above by delivering written notice via electronic mail or facsimile to the Company (“Notice in Response to Inability to Convert”).

Mechanics of Fulfilling Holder’s Election. The Company shall immediately promptly send via facsimile e-mail or otherwise to a holder of Series C Preferred StockA Preferred, upon receipt of a facsimile e-mail or otherwise copy of a Voluntary Conversion Notice from such holder which cannot be fully satisfied as described in Section 9(a6(a) above, a notice of the Company’s 's inability to fully satisfy such holder’s 's Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Company is unable to fully satisfy such holder’s 's Conversion Notice, and (ii) the number of Series C A Preferred Stock which cannot be converted and (iii) the Applicable Redemption Priceconverted. Such holder shall notify the Company of its election pursuant to Section 9(a) above by delivering written notice via facsimile e-mail to the Company (“Notice in Response to Inability to Convert”).

Mechanics of Fulfilling Holder’s Election. The Company shall immediately send via facsimile to a holder of Series C Preferred StockB, upon receipt of a facsimile copy of a Conversion Notice from such holder which cannot be fully satisfied as described in Section 9(a8(a) above, a notice of the Company’s 's inability to fully satisfy such holder’s 's Conversion Notice (the “"Inability to Fully Convert Notice”"). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Company is unable to fully satisfy such holder’s 's Conversion Notice, (ii) the number of shares of Series C Preferred Stock which B that cannot be converted and (iii) the Applicable applicable Mandatory Redemption Price, if applicable pursuant to Section 8(a)(A) above. Such If applicable, such holder shall notify the Company of its election pursuant to Section 9(a8(a)(A) above by delivering written notice via facsimile to the Company (“"Notice in Response to Inability to Convert”").

Mechanics of Fulfilling Holder’s Election. The Company shall immediately send via facsimile to a holder of Series C CC Preferred Stock, upon receipt of a facsimile copy of a Conversion Notice from such holder which cannot be fully satisfied as described in Section 9(a) above, a notice of the Company’s inability to fully satisfy such holder’s Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Company is unable to fully satisfy such holder’s Conversion Notice, (ii) the number of Series C CC Preferred Stock which cannot be converted and (iii) the Applicable applicable Mandatory Redemption Price. Such holder shall notify the Company of its election pursuant to Section 9(a) above by delivering written notice via facsimile to the Company (“Notice in Response to Inability to Convert”).

Mechanics of Fulfilling Holder’s Election. The Company shall immediately promptly send via electronic mail or facsimile to a holder of Series C Preferred StockA-1 Preferred, upon receipt of a electronic mail or facsimile copy of a Conversion Notice from such holder which cannot be fully satisfied as described in Section 9(a8(a) above, a notice of the Company’s 's inability to fully satisfy such holder’s 's Conversion Notice (the “Inability to Fully Convert Notice”). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Company is unable to fully satisfy such holder’s 's Conversion Notice, and (ii) the number of Series C A-1 Preferred Stock which cannot be converted and (iii) the Applicable Redemption Priceconverted. Such holder shall notify the Company of its election pursuant to Section 9(a8(a) above by delivering written notice via facsimile to the Company (“Notice in Response to Inability to Convert”).