Common use of Notice to Holders of Notes Clause in Contracts

Notice to Holders of Notes. In case at any time -------------------------- (a) the Company shall take any action which would require an adjustment in the current conversion price pursuant to Section 6.4; (b) there shall be any reorganization, reclassification or change of the Company's Common Stock (other than a change in par value or from par value to no par value or from no par value to par value), or any consolidation or merger to which the Company is a party and for which approval of any stockholders of the Company is required, or any sale, transfer or lease of all or substantially all of the assets of the Company; or (c) there shall be a voluntary or involuntary dissolution, liquidation or winding-up of the Company, then, in any one or more of such cases, the Company shall give written notice to the holders of the Notes, not less than twenty (20) days before any record date or other date set for definitive action, of the date on which such action, distribution, reorganization, reclassification, change, sale, transfer, lease, consolidation, merger, dissolution, liquidation or winding-up shall take place, as the case may be. Such notice shall also set forth such facts as shall indicate the effect of any such action (to the extent such effect may be known at the date of such notice) on the current conversion price and the kind and amount of the shares and other securities and property deliverable upon conversion of the Notes. Such notice shall also specify any date as of which the holders of the Common Stock of record shall be entitled to exchange their Common Stock for securities or other property deliverable upon any such reorganization, reclassification, change, sale, transfer, lease, consolidation, merger, dissolution, liquidation or winding-up, as the case may be.

Notice to Holders of Notes. In case at any time --------------------------time: (a) the Company shall take any action which would require an adjustment in the current conversion price Conversion Price pursuant to Section 6.4;12.4; or (b) there shall be any reorganization, capital reorganization or reclassification or change of the Company's Common Stock (other than a change in par value or from par value to no par value or from no par value to par valuevalue of the Common Stock), whether or not such reorganization or reclassification results in an adjustment in the Conversion Price, or any consolidation or merger to which the Company and its Subsidiaries is a party and for which approval of any stockholders of the Company is required, or any sale, sale or transfer or lease of all or substantially all of the assets of the CompanyCompany and its Subsidiaries; or (c) there shall be a voluntary or involuntary dissolution, liquidation or winding-up of the Company, ; then, in any one or more of such said cases, the Company shall give written notice to the holders of the Notes, not less than twenty thirty (2030) days before any record date or other date set for definitive action, of the date on which such actionadjustment, distribution, reorganization, reclassification, change, sale, transfer, lease, consolidation, merger, dissolution, liquidation or winding-winding up shall take place, as the case may be. Such notice shall also set forth such facts as shall indicate the effect of any such action (to the extent such effect may be known at the date of such notice) on the current conversion price Conversion Price and the kind and amount of the shares Shares and other securities and property deliverable upon conversion of the Notes. Such notice shall also specify any the date as of which the holders of the Common Stock of record shall be entitled to exchange their Common Stock for securities or other property deliverable upon any such adjustment, distribution, reorganization, reclassification, change, sale, transfer, lease, consolidation, merger, dissolution, liquidation or winding-winding up, as the case may bebe (on which date, in the event of voluntary or involuntary dissolution, liquidation or winding up of the Company, the right to convert the Notes into Shares shall terminate). Without limiting the obligation of the Company to provide notice to the holders of Notes or Shares of corporate action hereunder, it is agreed that failure of the Company to give such notice shall not invalidate such corporate action of the Company.