Notice of Mandatory Conversion. If the Company elects to effect a Mandatory Conversion, the Company shall, on the date immediately following the completion of the applicable thirty (30) day Trading Period referred to in Section 7(a) above, provide notice of the Mandatory Conversion to each Holder (such notice, a “Notice of Mandatory Conversion”). For the avoidance of doubt, a Notice of Mandatory Conversion does not limit a Holder’s right to convert on a Conversion Date prior to the Mandatory Conversion Date. The Mandatory Conversion Date selected by the Company shall be no less than ten (10) Business Days and no more than twenty (20) Business Days after the date on which the Company provides the Notice of Mandatory Conversion to the Holders. The Notice of Mandatory Conversion shall state, as appropriate:
(i) the Mandatory Conversion Date selected by the Company;
(ii) the applicable procedures a Holder must follow for issuance of the shares of Common Stock pursuant to Section 8(a); and
(iii) the Conversion Rate as in effect on the Mandatory Conversion Date and the number of shares of Common Stock to be issued to the Holder upon conversion of each share of Series B Preferred Stock held by such Holder and, if applicable, the amount of Accrued Dividends as of the Mandatory Conversion Date.
Notice of Mandatory Conversion. If the Company elects to effect a Mandatory Conversion, the Company shall, within twenty (20) Business Days following the completion of the applicable thirty (30) day Trading Period referred to in Section 7(a) above, provide notice of Mandatory Conversion to each Holder (such notice, a “Notice of Mandatory Conversion”). For the avoidance of doubt, a Notice of Mandatory Conversion does not limit a Holder’s right to convert on a Conversion Date prior to the Mandatory Conversion Date. The Mandatory Conversion Date selected by the Company shall be no less than thirty (30) Business Days and no more than forty-five (45) Business Days after the date on which the Company provides the Notice of Mandatory Conversion to the Holders. The Notice of Mandatory Conversion shall state the Mandatory Conversion Date selected by the Company.
Notice of Mandatory Conversion. Within five (5) Business Days after the date on which this Note converts into shares of Preferred Stock pursuant to Section 5.1 (the "Mandatory Conversion Date"), the Company shall mail a notice of conversion by first class mail, postage prepaid, to the Holder, addressed to the Holder at its last address shown on the books of the Company. This Note shall be converted automatically and without any further action by the Holder hereof on the Mandatory Conversion Date, whether or not this Note is surrendered to the Company. The Company shall be obligated to issue (i) certificates evidencing the shares of Preferred Stock issuable upon such conversion, and, (ii) as provided in Section 7 hereof, a check or cash in respect of any fractional shares of Preferred Stock issuable upon such conversion and, in accordance with Section 13(a), all accrued but unpaid interest on the outstanding principal amount of the Note being converted, but not until three (3) days after this Note is either delivered to the Company or the Holder notifies the Company that this Note has been lost, stolen or destroyed and provides to the Company an Indemnity in respect thereto. Anything to the contrary in this Section 5.2 notwithstanding, the Company, at its option, may elect to pay the interest accrued on the principal amount of this Note by issuing PIK Interest Shares, with the number of PIK Interest Shares to be issued to be calculated by dividing the amount of interest accrued on the principal amount of this Note on the Mandatory Conversion Date by the Note Conversion Price then in effect.
Notice of Mandatory Conversion. If the Company elects to effect a Mandatory Conversion, the Company shall provide notice of a Mandatory Conversion to each Holder (such notice, a “Notice of Mandatory Conversion”). The Mandatory Conversion Date selected by the Company shall be no less than five (5) Business Days and no more than twenty (20) Business Days after the date on which the Company provides the Notice of Mandatory Conversion to the Holders. The Notice of Mandatory Conversion shall state, as appropriate:
(i) the number of shares of Series B-2 Preferred Stock held by such Holder that are subject to the Mandatory Conversion;
(ii) the Mandatory Conversion Date selected by the Company; and
(iii) the Conversion Rate and the Preferred Stock Conversion Price, in each case, as in effect on the Mandatory Conversion Date and the number of shares of Series B-1 Preferred Stock to be issued to such Holder upon conversion of each share of Series B-2 Preferred Stock held by such Holder.
Notice of Mandatory Conversion. Within five (5) Business Days after the date on which outstanding shares of Series HP Convertible Preferred Stock convert into shares of Common Stock pursuant to Section 6.1 (the "Mandatory Conversion Date"), the Company shall mail a notice of conversion by first class mail, postage prepaid, to the Holders of shares of Series HP Convertible Preferred Stock, addressed to the Holder at its last address shown on the books of the Company. The shares of Series HP Convertible Preferred Stock shall be converted automatically and without any further action by the Holder thereof on the Mandatory Conversion Date, whether or not such shares of Series HP Convertible Preferred Stock are surrendered to the Company. The Company shall be obligated to issue (i) certificates evidencing the shares of Common Stock issuable upon such conversion, and (ii) a check or cash in respect of any fractional shares of Common Stock issuable upon such conversion, as provided in Section 8 hereof, and all declared but unpaid dividends of Series HP Convertible Preferred Stock, but not until three (3) days after the certificate evidencing the shares of Series HP Convertible Preferred Stock is either delivered to the Company or the Holder notifies the Company that the certificate has been lost, stolen or destroyed and provides to the Company an Indemnity in respect thereto.
Notice of Mandatory Conversion. If the Company elects to effect a Mandatory Conversion, the Company shall, within five Business Days following the completion of the applicable period of 20 Trading Days referred to in 7(a), provide notice of such Mandatory Conversion to each Holder (such notice, a “
Notice of Mandatory Conversion. For the avoidance of doubt, a Notice of Mandatory Conversion shall not limit a Holder’s right to convert its shares of Series B-2 Preferred Stock on any Conversion Date prior to the Mandatory Conversion Date. The Mandatory Conversion Date selected by the Company shall be no less than ten Business Days and no more than 20 Business Days after the date on which the Company provides the Notice of Mandatory Conversion to the Holders. The Notice of Mandatory Conversion shall specify:
Notice of Mandatory Conversion. Notice of every mandatory conversion of shares of Series C Preferred Stock (such notice, a “Notice of Mandatory Conversion”) shall be given by first class mail, postage prepaid, addressed to the Holders of record of the shares subject to the mandatory conversion at their respective last addresses appearing on the books of the Corporation. Such mailing shall be at least 30 days and not more than 60 days before the Mandatory Conversion Date. Any notice mailed as provided in this Subsection shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice, but failure duly to give such notice by mail, or any defect in such notice or in the mailing thereof, to any Holder of shares of Series C Preferred Stock designated for mandatory conversion shall not affect the validity of the proceedings for the mandatory conversion of any other shares of Series C Preferred Stock. Notwithstanding the foregoing, if shares of Series C Preferred Stock are issued in book-entry form through the Depository, notice of mandatory conversion may be given to the Holders of Series C Preferred Stock at such time and in any manner permitted by such Depository. Each Notice of Mandatory Conversion given to a Holder shall state: (1) the Mandatory Conversion Date; (2) the number of shares of Series C Preferred Stock to be converted and, if less than all the shares held by such Holder are to be converted, the number of such shares to be converted from such Holder; (3) the number of shares of Common Stock to be issued upon conversion of each share of Series C Preferred Stock; and (4) the place or places where certificates for such shares are to be surrendered for conversion.
Notice of Mandatory Conversion. If a Liquidation Event should occur prior to the conversion, all preferences shall apply as if no con- version had taken place.
Notice of Mandatory Conversion. If the Company elects to exercise its right to cause a mandatory conversion pursuant to Section 5.20, on or prior to the seventh Business Day following the last day of the Mandatory Conversion Eligibility Period, the Company shall mail a notice of mandatory conversion to each holder whose Securities are to be mandatorily converted at such holder's registered address. The notice shall identify the Securities to be mandatorily converted (including the CUSIP number) and shall state:
(a) the Conversion Date;
(b) the Conversion Price;
(c) if any Security is being mandatorily converted in part, the portion of the principal amount of such Security to be mandatorily converted and that, after the mandatory conversion date, upon cancellation of such Security, a new Security or Securities in principal amount equal to the unconverted portion will be issued in the name of the holder thereof;
(d) the name and address of the Conversion Agent;
(e) that Securities called for mandatory conversion must be surrendered to the Conversion Agent;
(f) that, unless the Company defaults in issuing and delivering Ordinary Shares as required by Section 5.02 or the Conversion Agent is prohibited from effecting such conversion pursuant to the terms of this Indenture, by law or otherwise, interest on Securities called for mandatory conversion cease to accrue on and after the Conversion Date;
(g) the paragraph of the Securities pursuant to which the Securities called for mandatory conversion are being mandatorily converted; and
(h) any other information necessary to enable holders to comply with the notice of mandatory conversion. At the Company's request, the Trustee shall give notice of mandatory conversion in the Company's name and at the Company's expense. In such event, the Company shall provide the Trustee with the information required by this Section 5.18 in a timely manner.
