Common use of Pro Rata Conversion; Disputes Clause in Contracts

Pro Rata Conversion; Disputes. In the event the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares submitted for conversion, the Company shall convert from each Holder electing to have Preferred Shares converted on such date a pro rata amount of such Holder’s Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 22.

Pro Rata Conversion; Disputes. In the event the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares submitted for conversionShares, the Company shall convert from each Holder electing to have Preferred Shares converted on at such date time a pro rata amount of such Holder’s 's Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 222(c)(iii).

Pro Rata Conversion; Disputes. In Subject to Section 10, in the event the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares submitted for conversionShares, the Company shall convert from each Holder electing to have Preferred Shares converted on at such date time a pro rata amount of such Holder’s Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 222(d)(iii).

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one Holder holder of Notes for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares portions of the Notes submitted for conversion, the Company shall convert from each Holder holder of Notes electing to have Preferred Shares Notes converted on such date a pro rata amount of such Holderholder’s Preferred Shares portion of its Notes submitted for conversion on such date based on the number principal amount of Preferred Shares Notes submitted for conversion on such date by such Holder holder relative to the aggregate number principal amount of Preferred Shares all Notes submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder the holder in connection with a conversion of Preferred Sharesthis Note, the Company shall issue to such Holder holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 22the provisions of this Note.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one Holder of Series A Stock for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares portions of the Series A Stock submitted for conversion, the Company Company, subject to Section 6(d), shall convert from each Holder of Series A Stock electing to have Preferred Shares Series A Stock converted on such date a pro rata amount of such Holder’s Preferred Shares 's portion of its Series A Stocks submitted for conversion on such date based on the number or shares of Preferred Shares Series A Stock submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares shares of all Series A Stock submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a the Holder in connection with a conversion of Preferred SharesSeries A Stock, the Company shall issue to such the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2210(d).

Pro Rata Conversion; Disputes. In the event the Company Corporation receives a Notice of Conversion Notice from more than one Holder for the same Conversion Date and the Company Corporation can convert some, but not all, of such Preferred Shares submitted for conversionStock, the Company Corporation shall convert from each Holder electing to have Preferred Shares Stock converted on at such date time a pro rata amount of such Holder’s Preferred Shares Stock submitted for conversion on such date based on the number of Preferred Shares Stock submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares Stock submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred SharesStock, the Company Corporation shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 226(c)(iii).

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares submitted for conversion, the Company shall convert from each Holder electing to have Preferred Shares converted on such date a pro rata amount of such Holder’s Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2226.

Pro Rata Conversion; Disputes. In Subject to Section 10, in the event the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares submitted for conversionShares, the Company shall convert from each Holder electing to have Preferred Shares converted on at such date time a pro rata amount of such Holder’s 's Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 222(d)(iii).

Pro Rata Conversion; Disputes. In the event the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Series B Preferred Shares submitted for conversionShares, the Company shall convert from each Holder electing to have Series B Preferred Shares converted on at such date time a pro rata amount of such Holder’s Series B Preferred Shares submitted for conversion on such date based on the number of Series B Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Series B Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Series B Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 223(c)(iii).

Pro Rata Conversion; Disputes. In the event the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares submitted for conversionShares, the Company shall convert from each Holder electing to have Preferred Shares converted on at such date time a pro rata amount of such Holder’s Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2219.

Pro Rata Conversion; Disputes. In the event that the Company Corporation receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company Corporation can convert some, but not all, of such Preferred Shares Series B submitted for conversion, the Company Corporation shall convert from each Holder electing to have Preferred Shares Series B converted on such date a pro rata amount of such Holder’s Preferred Shares Series B submitted for conversion on such date based on the number of Preferred Shares Series B submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares Series B submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred SharesSeries B, the Company Corporation shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 22.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one Holder holder of Notes for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares portions of the Notes submitted for conversion, the Company shall convert from each Holder holder of Notes electing to have Preferred Shares Notes converted on such date a pro rata amount of such Holder’s Preferred Shares holder's portion of its Notes submitted for conversion on such date based on the number principal amount of Preferred Shares Notes submitted for conversion on such date by such Holder holder relative to the aggregate number principal amount of Preferred Shares all Notes submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a the Holder in connection with a conversion of Preferred Sharesthis Note, the Company shall issue to such the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2221.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares submitted for conversion, the Company shall convert from each Holder electing to have Preferred Shares converted on such date a pro rata amount of such Holder’s Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 22.

Pro Rata Conversion; Disputes. In Subject to Section 14, in the event the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares submitted for conversionShares, the Company shall convert from each Holder electing to have Preferred Shares converted on at such date time a pro rata amount of such Holder’s Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 222(d)(iii).

Pro Rata Conversion; Disputes. In the event that the Company Corporation receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company Corporation can convert some, but not all, of such Preferred Shares submitted for conversion, the Company Corporation shall convert from each Holder electing to have Preferred Shares converted on such date a pro rata amount of such Holder’s Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company Corporation shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 22.

Pro Rata Conversion; Disputes. In Subject to Section 12, in the event the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares submitted for conversionShares, the Company shall convert from each Holder electing to have Preferred Shares converted on at such date time a pro rata amount of such Holder’s 's Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 222(d)(iii).

Pro Rata Conversion; Disputes. In the event the Company receives a Conversion Notice from more than one Holder for the same Conversion Date and the Company can convert some, but not all, of such Preferred Shares submitted for conversion, the Company shall convert from each Holder electing to have Preferred Shares converted on such date a pro rata amount of such Holder’s Preferred Shares submitted for conversion on such date based on the number of Preferred Shares submitted for conversion on such date by such Holder relative to the aggregate number of Preferred Shares submitted for conversion on such date. In the event of a dispute as to the number of shares of Common Stock issuable to a Holder in connection with a conversion of Preferred Shares, the Company shall issue to such Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2221.