Common use of Quarterly Statements of Available Shares Clause in Contracts

Quarterly Statements of Available Shares. For each of the Company's fiscal quarters beginning in the quarter in which the registration statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement is declared effective and thereafter so long as this Debenture is outstanding, the Corporation shall deliver to Holder a written report notifying the Holder of any occurrence which prohibits the Corporation from issuing Common Stock upon any such conversion. The report shall also specify (i) the total principal amount of all outstanding Debentures as of the end of such quarter, (ii) the total number of shares of Common Stock issued upon all conversions of Debentures prior to the end of such quarter, (iii) the total number of shares of Common Stock which are reserved for issuance upon conversion of Debentures as of the end of such quarter and (iv) the total number of shares of Common Stock which may thereafter be issued by the Corporation upon conversion of Debentures before the Corporation would exceed the Reserved Amount. The Corporation shall deliver the report for each quarter to Holder by the 45th day following the quarter to which such report relates. In addition, the Corporation shall provide, within fifteen (15) days after delivery to the Corporation of a written request by Holder, any of the information enumerated in clauses (i) - (iv) of this Paragraph I as of the fiscal quarter immediately preceding the date of such request.

Quarterly Statements of Available Shares. For each of the Company's fiscal quarters calendar quarter beginning in the quarter in which the initial registration statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement is declared effective and thereafter so long as this Debenture is any Debentures are outstanding, the Corporation shall deliver (or cause its transfer agent to deliver) to each Holder a written report notifying the Holder Holders of any occurrence which prohibits the Corporation from issuing Common Stock upon any such conversion. The report shall also specify (i) the total outstanding principal amount amounts of all outstanding Debentures as of the end of such quarter, (ii) the total number of shares of Common Stock issued upon all conversions of Debentures prior to the end of such quarter, (iii) the total number of shares of Common Stock which are reserved for issuance upon conversion of the Debentures as of the end of such quarter and (iv) the total number of shares of Common Stock which may thereafter be issued by the Corporation upon conversion of the Debentures before the Corporation would exceed the Reserved Amount. The Corporation (or its transfer agent) shall deliver the report for each quarter to each Holder by prior to the 45th tenth day of the calendar month following the quarter to which such report relates. In addition, the Corporation (or its transfer agent) shall provide, within fifteen (15) 15 days after delivery to the Corporation of a written request by any Holder, any of the information enumerated in clauses (i) - (iv) of this Paragraph I as of the fiscal quarter immediately preceding the date of such request. Simultaneously with delivering such quarterly statements or responding to such written request, the Corporation shall issue a press release with substantially the same information.

Quarterly Statements of Available Shares. For each of the Company's fiscal quarters calendar quarter beginning in the quarter in which the initial registration statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement is declared effective and thereafter so long as this Debenture is any Notes are outstanding, the Corporation shall deliver (or cause its transfer agent to deliver) to each Holder a written report notifying the Holder Holders of any occurrence which prohibits the Corporation from issuing Common Stock upon any such conversion. The report shall also specify (i) the total outstanding principal amount amounts of all outstanding Debentures Notes as of the end of such quarter, (ii) the total number of shares of Common Stock issued upon all conversions of Debentures Notes prior to the end of such quarter, (iii) the total number of shares of Common Stock which are reserved for issuance upon conversion of Debentures the Notes as of the end of such quarter and (iv) the total number of shares of Common Stock which may thereafter be issued by the Corporation upon conversion of Debentures the Notes before the Corporation would exceed the Cap Amount and the Reserved Amount. The Corporation (or its transfer agent) shall deliver the report for each quarter to each Holder by prior to the 45th tenth day of the calendar month following the quarter to which such report relates. In addition, the Corporation (or its transfer agent) shall provide, within fifteen (15) 15 days after delivery to the Corporation of a written request by any Holder, any of the information enumerated in clauses (i) - (iv) of this Paragraph I as of the fiscal quarter immediately preceding the date of such request. Simultaneously with delivering such quarterly statements or responding to such written request, the Corporation shall issue a press release containing substantially the same information.

Quarterly Statements of Available Shares. For each of the Company's fiscal quarters calendar quarter beginning in the quarter in which the initial registration statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement is declared effective and thereafter for so long as this Debenture is any shares of Series A Preferred Stock are outstanding, the Corporation shall deliver (or cause its transfer agent to Holder deliver) to each holder a written report notifying the Holder holders of any occurrence which that prohibits the Corporation from issuing Common Stock upon any such conversion. The report shall also specify (i) the total principal amount number of all shares of Series A Preferred Stock outstanding Debentures as of the end of such quarter, (ii) the total number of shares of Common Stock issued upon all conversions of Debentures Series A Preferred Stock prior to the end of such quarter, (iii) the total number of shares of Common Stock which are reserved for issuance upon conversion of Debentures the Series A Preferred Stock as of the end of such quarter and (iv) the total number of shares of Common Stock which may thereafter be issued by the Corporation upon conversion of Debentures the Series A Preferred Stock before the Corporation would exceed the Cap Amount and the Reserved Amount. The Corporation (or its transfer agent) shall use its best efforts to deliver the report for each quarter to Holder by each holder prior to the 45th tenth day of the calendar month following the quarter to which such report relates. In addition, the Corporation (or its transfer agent) shall provide, within fifteen (15) days after as promptly as practicable following delivery to the Corporation of a written request by Holderany holder, any of the information enumerated in clauses (i) - (iv) of this Paragraph I D as of the fiscal quarter immediately preceding the date of such request.

Quarterly Statements of Available Shares. For each of the Company's fiscal quarters calendar quarter beginning in the quarter in which the initial registration statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement is declared effective and thereafter so long as this Debenture is any Notes are outstanding, the Corporation shall deliver (or cause its transfer agent to deliver) to each Holder a written report notifying the Holder Holders of any occurrence which prohibits the Corporation from issuing Common Stock upon any such conversion. The report shall also specify (i) the total outstanding principal amount amounts of all outstanding Debentures Notes as of the end of such quarter, (ii) the total number of shares of Common Stock issued upon all conversions of Debentures Notes prior to the end of such quarter, (iii) the total number of shares of Common Stock which are reserved for issuance upon conversion of Debentures the Notes as of the end of such quarter and (iv) the total number of shares of Common Stock which may thereafter be issued by the Corporation upon conversion of Debentures the Notes before the Corporation would exceed the Cap Amount and the Reserved Amount. The Corporation (or its transfer agent) shall deliver the report for each quarter to each Holder by prior to the 45th tenth day of the calendar month following the quarter to which such report relates. In addition, the Corporation (or its transfer agent) shall provide, within fifteen (15) 15 days after delivery to the Corporation of a written request by any Holder, any of the information enumerated in clauses (i) - (iv) of this Paragraph I as of the fiscal quarter immediately preceding the date of such request.

Quarterly Statements of Available Shares. For each of the Company's fiscal quarters beginning in the quarter in which the registration statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement is declared effective and thereafter so long as this Debenture is outstanding, the Corporation shall deliver to Holder a written report notifying the Holder of any occurrence which prohibits the Corporation from issuing Class A Common Stock upon any such conversion. The report shall also specify (i) the total principal amount of all outstanding Debentures as of the end of such quarter, (ii) the total number of shares of Class A Common Stock issued upon all conversions of Debentures prior to the end of such quarter, (iii) the total number of shares of Class A Common Stock which are reserved for issuance upon conversion of Debentures as of the end of such quarter and (iv) the total number of shares of Class A Common Stock which may thereafter be issued by the Corporation upon conversion of Debentures before the Corporation would exceed the Cap Amount and the Reserved Amount. The Corporation shall deliver the report for each quarter to Holder by the 45th day following the quarter to which such report relates. In addition, the Corporation shall provide, within fifteen (15) days after delivery to the Corporation of a written request by Holder, any of the information enumerated in clauses (i) - (iv) of this Paragraph I as of the fiscal quarter immediately preceding the date of such request.

Quarterly Statements of Available Shares. For each of the Company's fiscal quarters calendar quarter ---------------------------------------- beginning in the quarter in which the initial registration statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement is declared effective and thereafter so long as this Debenture is any Debentures are outstanding, the Corporation shall deliver (or cause its transfer agent to deliver) to each Holder a written report notifying the Holder holders of any occurrence which prohibits the Corporation from issuing Common Stock upon any such conversion. The report shall also specify (i) the total outstanding principal amount amounts of all outstanding Debentures as of the end of such quarter, (ii) the total number of shares of Common Stock issued upon all conversions of Debentures prior to the end of such quarter, (iii) the total number of shares of Common Stock which are reserved for issuance upon conversion of the Debentures as of the end of such quarter and (iv) the total number of shares of Common Stock which may thereafter be issued by the Corporation upon conversion of the Debentures before the Corporation would exceed the Cap Amount and the Reserved Amount. The Corporation (or its transfer agent) shall deliver the report for each quarter to each Holder by prior to the 45th tenth day of the calendar month following the quarter to which such report relates. In addition, the Corporation (or its transfer agent) shall provide, within fifteen (15) 15 days after delivery to the Corporation of a written request by Holderany holder, any of the information enumerated in clauses (i) - (iv) of this Paragraph I as of the fiscal quarter immediately preceding the date of such request. Simultaneously with delivering such quarterly statements or responding to such written request, the Corporation shall issue a press release with substantially the same information.

Quarterly Statements of Available Shares. For each of the Company's fiscal quarters calendar quarter beginning in the quarter in which the initial registration statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement is declared effective and thereafter for so long as this Debenture is any shares of Series B Preferred Stock are outstanding, the Corporation shall deliver (or cause its transfer agent to Holder deliver) to each holder a written report notifying the Holder holders of any occurrence which that prohibits the Corporation from issuing Common Stock upon any such conversion. The report shall also specify (i) the total principal amount number of all shares of Series B Preferred Stock outstanding Debentures as of the end of such quarter, (ii) the total number of shares of Common Stock issued upon all conversions of Debentures Series B Preferred Stock prior to the end of such quarter, (iii) the total number of shares of Common Stock which are reserved for issuance upon conversion of Debentures the Series B Preferred Stock as of the end of such quarter and (iv) the total number of shares of Common Stock which may thereafter be issued by the Corporation upon conversion of Debentures the Series B Preferred Stock before the Corporation would exceed the Cap Amount and the Reserved Amount. The Corporation (or its transfer agent) shall use its best efforts to deliver the report for each quarter to Holder by each holder prior to the 45th tenth day of the calendar month following the quarter to which such report relates. In addition, the Corporation (or its transfer agent) shall provide, within fifteen (15) days after as promptly as practicable following delivery to the Corporation of a written request by Holderany holder, any of the information enumerated in clauses (i) - — (iv) of this Paragraph I D as of the fiscal quarter immediately preceding the date of such request.

Quarterly Statements of Available Shares. For each of the Company's fiscal quarters calendar quarter beginning in the quarter in which the registration statement required to be filed pursuant to Section 2(a) of the Registration Rights Agreement is declared effective and thereafter so long as this Debenture is any Series B Preferred Shares are outstanding, the Corporation Company shall deliver (or cause its transfer agent to Holder deliver) to each holder a written report notifying the Holder holders of any occurrence which prohibits the Corporation Company from issuing Common Stock Ordinary Shares upon any such conversion. The report shall also specify (i) the total principal amount number of all Series B Preferred Shares outstanding Debentures as of the end of such quarter, (ii) the total number of shares of Common Stock Ordinary Shares issued upon all conversions of Debentures Series B Preferred Shares prior to the end of such quarter, (iii) the total number of shares of Common Stock Ordinary Shares which are reserved for issuance upon conversion of Debentures the Series B Preferred Shares as of the end of such quarter quarter, and (iv) the total number of shares of Common Stock Ordinary Shares which may thereafter be issued by the Corporation Company upon conversion of Debentures the Series B Preferred Shares before the Corporation Company would exceed the Reserved Amount. The Corporation Company (or its transfer agent) shall deliver the report for each quarter to Holder each holder by the 45th day following the quarter to which such report relates. In addition, the Corporation Company (or its transfer agent) shall provide, within fifteen (15) days after delivery to the Corporation Company of a written request by Holderany holder, any of the information enumerated in clauses (i) - (iv) of this Paragraph I D as of the fiscal quarter immediately preceding the date of such request.