Common use of Right of the Holders to Convert Clause in Contracts

Right of the Holders to Convert. (a) Subject to the terms of Section 8(f), each Holder shall have the right, at such Holder’s option, subject to the conversion procedures set forth in Section 8, to convert (an “Optional Conversion”) each share of such Holder’s Series A Preferred Stock at any time into (i) the number of shares of Common Stock equal to the quotient of (A) the sum of the Liquidation Preference and the Accrued Dividends with respect to such share of Series A Preferred Stock as of the applicable Conversion Date divided by (B) the Conversion Price as of the applicable Conversion Date plus (ii) cash in lieu of fractional shares as set out in Section 8(e). The right of Optional Conversion may be exercised as to all or any portion of such Holder’s Series A Preferred Stock from time to time; provided, however, that, in each case, no right of Optional Conversion may be exercised by a Holder in respect of fewer than 5,000 shares of Series A Preferred Stock (unless such conversion relates to all shares of Series A Preferred Stock held by such Holder).

Right of the Holders to Convert. (a) Subject to the terms of Section 8(f), each Each Holder shall have the right, at such Holder’s option, subject to the conversion procedures set forth in Section 8, to convert (an “Optional Conversion”) each share of such Holder’s Series A Preferred Stock at any time into (i) the number of shares of Common Stock equal to the quotient of (A) the sum of the Liquidation Preference and the Accrued Dividends with respect to such share of Series A Preferred Stock as of the applicable Conversion Date divided by (B) the Conversion Price as of the applicable Conversion Date plus (ii) cash in lieu of fractional shares as set out in Section 8(e11(h); provided that no such conversion shall be permitted until the expiration or early termination of the applicable waiting period under the HSR Act with respect to any conversion of the Series A Preferred Stock. The right of Optional Conversion conversion may be exercised as to all or any portion of such Holder’s Series A Preferred Stock from time to time; provided, however, provided that, in each case, no right of Optional Conversion conversion may be exercised by a Holder in respect of fewer than 5,000 1,000 shares of Series A Preferred Stock (unless such conversion relates to all shares of Series A Preferred Stock held by such Holder).

Right of the Holders to Convert. (a) Subject to the terms of Section 8(f7(f), each Holder shall have the right, at such Holder’s option, subject to the conversion procedures set forth in Section 87, to convert (an “Optional Conversion”) each share of such Holder’s Series Class A Preferred Stock at any time into (i) the number of shares of Class A Common Stock equal to the quotient of (A) the sum of the Liquidation Preference and the Accrued Dividends with respect to such share of Series Class A Preferred Stock as of the applicable Conversion Date divided by (B) the Conversion Price as of the applicable Conversion Date plus (ii) cash in lieu of fractional shares as set out in Section 8(e7(e) (if any). The right of Optional Conversion may be exercised as to all or any portion of such Holder’s Series Class A Preferred Stock from time to time; provided, however, that, in each case, no right of Optional Conversion may be exercised by a Holder in respect of fewer than 5,000 shares of Series Class A Preferred Stock (unless such conversion relates to all shares of Series Class A Preferred Stock held by such Holder).

Right of the Holders to Convert. (a) Subject to the terms of Section 8(f), each Each Holder shall have the right, at such Holder’s option, subject to the conversion procedures set forth in Section 8, to convert (an “Optional Conversion”) each share of such Holder’s Series A B Preferred Stock at any time into (i) the number of shares of Class A Common Stock equal to the quotient of (A) the sum of the Liquidation Preference and the Accrued Dividends with respect to such share of Series A B Preferred Stock as of the applicable Conversion Date divided by (B) the Conversion Price as of the applicable Conversion Date plus (ii) cash in lieu of fractional shares as set out in Section 8(e11(h); provided that no such conversion shall be permitted until the expiration or early termination of the applicable waiting period under the HSR Act with respect to any conversion of the Series B Preferred Stock. The right of Optional Conversion conversion may be exercised as to all or any portion of such Holder’s Series A B Preferred Stock from time to time; provided, however, provided that, in each case, no right of Optional Conversion conversion may be exercised by a Holder in respect of fewer than 5,000 1,000 shares of Series A B Preferred Stock (unless such conversion relates to all shares of Series A B Preferred Stock held by such Holder).

Right of the Holders to Convert. (a) Subject At any time prior to the terms occurrence of Section 8(f)a Change of Control effected pursuant to clause (b) of the definition of Change of Control, each Holder shall have the right, at such Holder’s option, subject to the conversion procedures set forth in Section 8, to convert (an “Optional Conversion”) each share of such Holder’s Series A B Preferred Stock at such time (including following the delivery of any time Notice of Company Redemption) into (i) the number of shares of Common Stock equal to the quotient of (A) the sum of (I) the Liquidation Preference and (for the avoidance of doubt, reflecting increases in the amount of Compounded Dividends) plus (II) the Accrued Dividends with respect to such share of Series A B Preferred Stock as of the applicable Conversion Date divided by (B) the Conversion Price as of the applicable Conversion Date plus (ii) cash in lieu of fractional shares as set out in Section 8(e11(h) (an “Optional Conversion”); provided that no such conversion by any Holder shall be permitted until the expiration or early termination of the applicable waiting period, if any, under the HSR Act (if required in the reasonable determination of the applicable Holder) with respect to any conversion of the Series B Preferred Stock by such Xxxxxx. The right of Optional Conversion conversion may be exercised as to all or any portion of such Holder’s Series A B Preferred Stock from time to timetime in accordance with this Section 6; provided, however, provided that, in each case, no right of Optional Conversion conversion may be exercised by a Holder in respect of fewer than 5,000 1,000 shares of Series A B Preferred Stock (unless such conversion relates to all shares of Series A B Preferred Stock held by such Holder).