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

Mechanics of Fulfilling Holder’s Election. BSTI shall send via facsimile to a holder of Common Stock, upon receipt of a facsimile copy of an Exchange Notice from such holder which cannot be fully satisfied as described in Section 11(a) above, a notice of BSTI's inability to fully satisfy such holder's Exchange Notice (the "INABILITY TO FULLY EXCHANGE NOTICE"). Such Inability to Fully Exchange Notice shall indicate (i) the reason why BSTI is unable to fully satisfy such holder's Exchange Notice, (ii) the number of shares of Common Stock which cannot be exchanged, and (iii) the Mandatory Redemption Price. Such holder must, within five (5) Trading Days of receipt of such Inability to Fully Exchange Notice, deliver written notice via facsimile to BSTI ("NOTICE IN RESPONSE TO INABILITY TO EXCHANGE") of its election pursuant to Section 11(a) above.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Bioshield Technologies Inc), Securities Purchase Agreement (Bioshield Technologies Inc), Securities Purchase Agreement (Bioshield Technologies Inc)

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