Common use of Notice of Mandatory Conversion Clause in Contracts

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, on the date immediately following the completion of the applicable thirty (30) day Trading Period referred to in Section 7(a) above, shall 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 which notice shall identify the Mandatory Conversion Date. The Mandatory Conversion Date selected by the Company , provided that such date shall be no less than ten five (105) Business Days and no more than twenty (20) Business Days after the date on which the Company provides delivers the Notice of Mandatory Conversion to the Holders. The Notice of Mandatory Conversion shall state, as appropriate: (i) that the Company has exercised its rights to effect a Mandatory Conversion; (ii) the applicable procedures a Holder must following for issuance of the shares of Common Stock pursuant to Section 8; (iii) 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 (iiiiv) the Conversion Rate as Price in effect on the date of the Notice of Mandatory Conversion Date and Conversion; (v) the number of shares of Common Stock to that would be issued (and the amount of cash that would be paid in lieu of any fractional share) to the such Holder upon conversion of each share the shares of Series B A Preferred Stock held by such Holder based upon the Conversion Price referred to in the immediately preceding clause (iv); and, if applicable, (vi) that shares of Series A Preferred Stock subject to Mandatory Conversion may be converted earlier at the amount option of Accrued Dividends as the Holders thereof pursuant to Section 6 at any time before the close of business on the Business Day immediately before the Mandatory Conversion Date.

Notice of Mandatory Conversion. If the Company elects to effect a Mandatory Conversion, the Company shall, on the date immediately within ten (10) Business Days 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 HoldersHolders (such date, the “Mandatory Conversion Notice Date”). 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 (iiiii) the Conversion Rate as in effect on the Mandatory Conversion Date and Date, the number of shares Series A Preferred Stock to be converted from such Holder, the number of shares of Common Stock to be issued to the such Holder upon conversion of each such share of Series B A Preferred Stock held by such Holder and, if applicable, the amount of Accrued Compounded Dividends as of the Mandatory Conversion Date.

Notice of Mandatory Conversion. If the Company elects to effect a Mandatory Conversion, the Company shall, on the date immediately first Business Day following the completion of the applicable thirty (30) day Trading Period referred to in Section 7(a) abovePeriod, 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;; and (ii) the applicable procedures a Holder must follow for issuance of the shares of Common Stock pursuant Conversion Price as expected to Section 8(a); and (iii) the Conversion Rate as be in effect on the Mandatory Conversion Date and Date, the number of shares Series A Preferred Shares to be converted from such Holder, the number of Common Stock Shares expected to be issued to the such Holder upon conversion of each share of such Series B A Preferred Stock held by such Holder and, if applicable, Share and the amount of Accrued Dividends Liquidation Preference expected as of the Mandatory Conversion Date.

Notice of Mandatory Conversion. If the Company elects to effect a Mandatory Conversion, the Company shall, on the date immediately within ten (10) Business Days 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 HoldersHolders (such date, the “Mandatory Conversion Notice Date”). 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 (iiiii) the Conversion Rate as in effect on the Mandatory Conversion Date and Date, the number of shares of Series B Preferred Stock to be converted from such Holder, the number of shares of Common Stock to be issued to the such Holder upon conversion of each such share of Series B Preferred Stock held by such Holder and, if applicable, the amount of Compounded Dividends and Accrued Dividends as of the Mandatory Conversion Date.

Notice of Mandatory Conversion. If the Company elects to effect a Mandatory Conversion, the Company shall, on the date immediately within ten (10) Business Days following the completion of the applicable thirty forty-five (3045) 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 (iiiii) the Conversion Rate as in effect on the Mandatory Conversion Date and Date, the number of shares of Common Stock to be issued to the such Holder upon conversion of each share of Series B A 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, no later than ten (10) Business Days following the filing of the Company’s relevant Annual Report on the date immediately following Form 10-K or Quarterly Report on From 10-Q or the completion of the applicable thirty (30) day Trading Period referred to in Section 7(a) abovePeriod, as applicable, provide notice of the a Mandatory Conversion to each Holder (such notice, a “Notice of Mandatory Conversion”). For the avoidance of doubt, delivery of 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 five (105) 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 (iiiii) the Conversion Rate as in effect on the Mandatory Conversion Date and Date, the amount of Accrued Dividends on each share of Series A Preferred Stock held by such Holder as of the Mandatory Conversion Date, the number of shares of Common Stock to be issued to the such Holder upon conversion of each share of Series B A Preferred Stock held by such Holder (including in respect of the Accrued Dividends thereon) and, if applicable, the amount cash in lieu of Accrued Dividends as of the Mandatory Conversion Datefractional shares to be paid thereon.

Notice of Mandatory Conversion. If the Company elects to effect a Mandatory Conversion, the Company shall, on the date immediately within five (5) Business Days following the completion of the applicable thirty (30) day Trading Period referred to in Section 7(a) above, provide irrevocable and binding 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 five (105) Business Days and no more than twenty ten (2010) 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;; and (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 Price as in effect on the Mandatory Conversion Date and Date, the number of shares Series A Preferred Stock to be converted from such Holder, the number of shares of Common Stock to be issued to the such Holder upon conversion of each such share of Series B A 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, on the date immediately within ten (10) Business Days 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 (iiiii) the Conversion Rate as in effect on the Mandatory Conversion Date and Date, the number of shares of Common Stock to be issued to the such Holder upon conversion of each share of Series B A 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, on the date immediately within ten (10) Business Days 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;; and (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 expected to be in effect on the Mandatory Conversion Date and Date, the number of shares Series A Preferred Stock to be converted from such Holder, the number of shares of Common Stock to be issued to the such Holder upon conversion of each such share of Series B A Preferred Stock held by such Holder and, if applicable, and the Liquidation Preference and amount of Accrued Dividends expected as of the Mandatory Conversion Date.

Notice of Mandatory Conversion. If the Company elects to effect a Mandatory Conversion, the Company shall, on the date immediately within ten (10) Business Days 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 (iiiii) the Conversion Rate as in effect on the Mandatory Conversion Date and Date, the number of shares Series B Preferred Stock to be converted from such Holder, the number of shares of Class A Common Stock to be issued to the such Holder upon conversion of each such share of Series B Preferred Stock held by such Holder and, if applicable, the amount of Accrued Dividends as of the Mandatory Conversion Date.