Common use of Record Holder of Underlying Securities as of Conversion Date Clause in Contracts

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Common Stock and, to the extent applicable, cash, issuable upon conversion of Series A Preferred Stock on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Common Stock and/or cash as of the Close of Business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable holder with the relevant conversion procedures contained in Section 7(c) (and in any event no later than three Trading Days thereafter), the Corporation shall issue the number of whole shares of Common Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares). Such delivery of shares of Common Stock and, if applicable, cash, shall be made, at the option of the applicable holder, in certificated form or by book-entry. Any such certificate or certificates shall be delivered by the Corporation to the appropriate holder on a book-entry basis or by mailing certificates evidencing the shares to the holders at their respective addresses as set forth in the conversion notice. If fewer than all of the shares of Series A Preferred Stock held by any holder hereto are converted pursuant to Section 7(b), then a new certificate representing the unconverted shares of Series A Preferred Stock shall be issued to such holder concurrently with the issuance of the certificates (or book-entry shares) representing the applicable shares of Common Stock. In the event that a holder shall not by written notice designate the name in which shares of Common Stock and, to the extent applicable, cash to be delivered upon conversion of shares of Series A Preferred Stock should be registered or paid, or the manner in which such shares and, if applicable, cash should be delivered, the Corporation shall be entitled to register and deliver such shares and, if applicable, cash in the name of the holder and in the manner shown on the records of the Corporation.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Common Stock and, to the extent applicable, cash, Shares issuable upon conversion of Series A Preferred Stock on a Conversion Date Preference Shares shall be treated for all purposes as the record holder(s) of such shares of Common Stock and/or cash Shares as of the Close of Business on the Conversion Date for such Conversion Dateconversion. As promptly as practicable on or after the Conversion Date and compliance by the applicable holder with the relevant conversion procedures contained in Section 7(c) (and in any no event no later than three Trading Days thereafter), the Corporation Company shall issue the number of whole shares of Common Stock Shares issuable upon conversion (and deliver payment of cash in lieu of fractional shares). Such delivery of shares of Common Stock and, if applicable, cash, Shares shall be madeissued, at the option of the applicable holder, in certificated form or by book-entryuncertificated form. Any such certificate or certificates certificates, if applicable, shall be delivered by the Corporation Company to the appropriate holder on a book-entry basis or holder(s) by mailing certificates evidencing the shares to the holders such holder(s) at their respective addresses as set forth in the applicable conversion notice. Any such uncertificated Common Shares, if applicable, shall be registered in the name and delivered to the DTC or other applicable account directed by the applicable holder. If fewer than all of the shares of Series A Preferred Stock Preference Shares held by any holder hereto are converted pursuant to this Section 7(b)7, then a new certificate representing the unconverted shares of Series A Preferred Stock Preference Shares shall be issued to such holder concurrently with promptly following the issuance surrender by such holder to the Conversion Agent of the certificates (or book-entry sharescertificate(s) representing the applicable shares of Common StockSeries A Preference Shares to be converted. In the event that a holder shall not by written notice designate the name in which shares of Common Stock Shares and, to the extent applicable, cash to be delivered upon conversion of shares of Series A Preferred Stock Preference Shares should be registered or paid, or the manner in which such shares and, if applicable, cash should be delivered, the Corporation Company shall be entitled to register and deliver such shares and, if applicable, cash in the name of the holder and in the manner shown on in the records register of members of the CorporationCompany.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Common Stock and, to the extent applicable, cash, issuable upon conversion of Series A B Preferred Stock on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Common Stock and/or cash as of the Close of Business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable holder with the relevant conversion procedures contained in Section 7(c7(d) (and in any event no later than three Trading Days thereafter), the Corporation shall issue the number of whole shares of Common Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares)conversion. Such delivery of shares of Common Stock and, if applicable, cash, shall be made, at the option of the applicable holder, made in certificated form or by book-entryform. Any such certificate or certificates and any cash shall be delivered by the Corporation to the appropriate holder on a book-entry basis or by mailing certificates evidencing the shares to the holders at their respective addresses as set forth in the conversion notice. If fewer than all of the shares of Series A B Preferred Stock held by any holder hereto are converted pursuant to Section 7(b), then a new certificate representing the unconverted shares of Series A B Preferred Stock shall be issued to such holder concurrently with the issuance of the certificates (or book-entry shares) representing the applicable shares of Common Stock. In the event that a holder shall not by written notice designate the name in which shares of Common Stock and, to the extent applicable, cash to be delivered upon conversion of shares of Series A B Preferred Stock should be registered or paid, or the manner in which such shares and, if applicable, cash should be delivered, the Corporation shall be entitled to register and deliver such shares and, if applicable, cash in the name of the holder and in the manner shown on the records of the Corporation.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Common Series A Preferred Stock and, to the extent applicable, cash, issuable upon conversion of Series A B Preferred Stock on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Common Series A Preferred Stock and/or cash as of the Close of Business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable holder with the relevant conversion procedures contained in Section 7(c) (and in any event no later than three Trading Days thereafter), the Corporation shall issue the number of whole shares of Common Series A Preferred Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares)conversion. Such delivery of shares of Common Series A Preferred Stock and, if applicable, cash, shall be made, at the option of the applicable holder, made in certificated form or by book-entry. Any such certificate or certificates shall be delivered by the Corporation to the appropriate holder on a book-entry basis or by mailing certificates evidencing the shares to the holders at their respective addresses as set forth in the conversion notice. If fewer than all of the shares of Series A Preferred Stock held by any holder hereto are converted pursuant to Section 7(b), then a new certificate representing the unconverted shares of Series A Preferred Stock shall be issued to such holder concurrently with the issuance of the certificates (or book-entry shares) representing the applicable shares of Common Stock. In the event that a holder shall not by written notice designate the name in which shares of Common Series A Preferred Stock and, to the extent applicable, cash to be delivered upon conversion of shares of Series A B Preferred Stock should be registered or paid, or the manner in which such shares and, if applicable, cash cash, should be delivered, the Corporation shall be entitled to register and deliver such shares and, if applicable, cash cash, in the name of the holder and in the manner shown on the records of the Corporation.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Common Stock andor Series A Preferred Stock, to the extent as applicable, cash, issuable upon conversion of Series A Preferred Stock on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Common Stock and/or cash or Series A Preferred Stock, as applicable, as of the Close close of Business business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable holder Holder with the relevant conversion procedures contained in Section 7(c8(a) (and in any event no later than three (3) Trading Days thereafter), the Corporation shall issue the number of whole shares of Common Stock or Series A Preferred Stock, as applicable, issuable upon conversion (and deliver payment of cash in lieu of fractional shares)conversion. Such delivery of shares of Common Stock andor Series A Preferred Stock, if as applicable, cash, shall be made, at the option of the applicable holderCorporation, in certificated form or by book-entry. Any such certificate or certificates shall be delivered by the Corporation to the appropriate holder Holder on a book-entry basis or by mailing certificates evidencing the shares to the holders Holders at their respective addresses as set forth in the Conversion Notice (in the case of a conversion notice. If fewer than all of the shares of Series A Preferred Stock held by any holder hereto are converted pursuant to Section 7(b4(a), then a new certificate representing ) or in the unconverted shares of Series A Preferred Stock shall be issued to such holder concurrently with the issuance records of the certificates Corporation (in the case of a Mandatory Conversion or book-entry shares) representing the applicable shares of Common StockAutomatic Conversion). In the event that a holder Holder shall not by written notice designate the name in which shares of Common Stock andor Series A Preferred Stock, to the extent as applicable, cash to be delivered upon conversion of shares of Series A Preferred Stock should be registered or paidregistered, or the manner in which such shares and, if applicable, cash should be delivered, the Corporation shall be entitled to register and deliver such shares and, if applicable, cash in the name of the holder Holder and in the manner shown on the records of the Corporation.