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 Series A Preferred Stock and, to the extent applicable, cash, securities or other property issuable upon conversion of the Series B Preferred Stock on the Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Series A Preferred Stock and/or cash, securities or other property 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 procedures contained in Section 8(a) (and in any event no later than three (3) Business Days thereafter; the Company shall issue the number of whole shares of Series A Preferred Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 6(c)) and, to the extent applicable, any cash, securities or other property issuable thereon. Such delivery of shares of Series A Preferred Stock, securities or other property shall be made by book-entry or, at the request of the Holder, through the facilities of The Depositary Trust Company or in certificated form. Any such certificate or certificates shall be delivered by the Company to the appropriate Holder on a book-entry basis, through the facilities of The Depositary Trust Company, or by mailing certificates evidencing the shares to the Holders at their respective addresses as notified in writing by such Holders to the Conversion Agent. The Company shall be entitled to register and deliver such shares, securities or other property, and make such payment, in the name of the Holder and in the manner shown on the records of the Company.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Series A Preferred Common Stock and, to the extent applicable, shares of Series D Preferred Stock, cash, securities or other property issuable upon conversion of the Series B C Preferred Stock on the a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Series A Preferred Common Stock and/or shares of Series D Preferred Stock, cash, securities or other property 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 8(a7(a) (and in any event no later than three (3) Business Trading Days thereafter; ), the Company Corporation shall issue the number of whole shares of Series A Preferred Common Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 6(c10(j)) and, to the extent applicable, any cash, securities or other property issuable thereon. Such delivery of shares of Series A Preferred Common Stock, securities or other property shall be made by book-entry orentry. In the event that a Holder shall not by written notice designate the name in which shares of Common Stock (and payments of cash in lieu of fractional shares) and, at to the request of the Holderextent applicable, through the facilities of The Depositary Trust Company cash, securities or in certificated form. Any such certificate or certificates shall other property to be delivered by the Company to the appropriate Holder on a book-entry basis, through the facilities upon conversion of The Depositary Trust Companyshares of Series C Preferred Stock should be registered or paid, or by mailing certificates evidencing the shares to manner in which such shares, cash, securities or other property should be delivered, the Holders at their respective addresses as notified in writing by such Holders to the Conversion Agent. The Company Corporation shall be entitled to register and deliver such shares, securities or other property, and make such payment, in the name of the Holder and in the manner shown on the records of the CompanyCorporation.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Series A Preferred Stock and, to the extent applicable, cash, securities or other property issuable upon conversion of the Series B Preferred Stock on the a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Series A Preferred Stock and/or cash, securities or other property cash 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 with the relevant procedures contained in Section 8(a) (and in any event no later than three (3) Business Trading Days thereafter; ), the Company Corporation shall issue the number of whole shares of Series A Preferred Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 6(c)) and, to the extent applicable, any cash, securities or other property issuable thereonconversion. Such delivery of shares of Series A Preferred StockStock and, securities or other property if applicable, cash, shall be made in certificated form or by book-entry or, at the request of the Holder, through the facilities of The Depositary Trust Company or in certificated formentry. Any such certificate or certificates shall be delivered by the Company Corporation to the appropriate Holder holder on a book-entry basis, through the facilities of The Depositary Trust Company, basis or by mailing certificates evidencing the shares to the Holders holders at their respective addresses as notified set forth in writing the conversion notice. In the event that a holder shall not by written notice designate the name in which shares of Series A Preferred Stock to be delivered upon conversion of shares of Series B Preferred Stock should be registered or paid, or the manner in which such Holders to shares and, if applicable, cash, should be delivered, the Conversion Agent. The Company Corporation shall be entitled to register and deliver such sharesshares and, securities or other propertyif applicable, and make such paymentcash, in the name of the Holder holder and in the manner shown on the records of the CompanyCorporation.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Common Stock or Series A Preferred Stock andStock, to the extent as applicable, cash, securities or other property issuable upon conversion of the Series B Preferred Stock on the a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Common Stock or Series A Preferred Stock and/or cashStock, securities or other property as applicable, 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 procedures contained in Section 8(a) (and in any event no later than three (3) Business Trading Days thereafter; ), the Company Corporation shall issue the number of whole shares of Common Stock or Series A Preferred Stock Stock, as applicable, issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 6(c)) and, to the extent applicable, any cash, securities or other property issuable thereonconversion. Such delivery of shares of Common Stock or Series A Preferred Stock, securities or other property as applicable, shall be made made, at the option of the Corporation, in certificated form or by book-entry or, at the request of the Holder, through the facilities of The Depositary Trust Company or in certificated formentry. Any such certificate or certificates shall be delivered by the Company Corporation to the appropriate Holder on a book-entry basis, through the facilities of The Depositary Trust Company, basis or by mailing certificates evidencing the shares to the Holders at their respective addresses as notified set forth in writing by such Holders to the Conversion AgentNotice (in the case of a conversion pursuant to Section 4(a)) or in the records of the Corporation (in the case of a Mandatory Conversion or Automatic Conversion). The Company In the event that a Holder shall not by written notice designate the name in which shares of Common Stock or Series A Preferred Stock, as applicable, to be delivered upon conversion of shares of Preferred Stock should be registered, or the manner in which such shares should be delivered, the Corporation shall be entitled to register and deliver such shares, securities or other property, and make such payment, shares in the name of the Holder and in the manner shown on the records of the CompanyCorporation.