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

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 which cannot be fully satisfied as described in Section 3.8(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 such holder's Conversion Notice, (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 3.8(a) above by delivering written notice via facsimile to the Maker ("NOTICE IN RESPONSE TO INABILITY TO CONVERT").

Appears in 2 contracts

Samples: Senior Secured Convertible Promissory Note (SEAMLESS Corp), Note (Satcon Technology Corp)

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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 which cannot be fully satisfied as described in Section 3.8(a) above, a notice of the Maker's inability to fully satisfy the Conversion Notice (the "INABILITY TO FULLY CONVERT NOTICEInability to Fully Convert Notice"). Such Inability to Fully Convert Notice shall indicate (i) the reason why the Maker is unable to fully satisfy such holder's Conversion Notice, (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 3.8(a) above by delivering written notice via facsimile to the Maker ("NOTICE IN RESPONSE TO INABILITY TO CONVERTNotice in Response to Inability to Convert").

Appears in 2 contracts

Samples: Senior Secured Convertible Promissory Note (Glowpoint Inc), Senior Secured Convertible Promissory Note (Glowpoint Inc)

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