Common use of Status as Stockholder Clause in Contracts

Status as Stockholder. Upon each Conversion Date and Mandatory Conversion Date: (i) the shares of Series B Preferred Stock being converted shall be deemed converted into shares of Common Stock; and (ii) the Holder’s rights as a holder of such converted shares of Series B Preferred Stock shall cease and terminate, excepting only the right to receive book entry notations for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to such Holder because of a failure by the Corporation to comply with the terms of this Certificate of Designation. In all cases, the Holder shall retain all of its rights and remedies for the Corporation’s failure to convert Series B Preferred Stock.

Status as Stockholder. Upon each Conversion Date and Mandatory Conversion Date: (i) the shares of Series B Class X Preferred Stock being converted shall be deemed converted into shares of Common Stock; and (ii) the Holder’s rights as a holder of such converted shares of Series B Class X Preferred Stock shall cease and terminate, excepting only the right to receive certificates (or book entry notations notations) for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to such Holder because of a failure by the Corporation to comply with the terms of this Certificate of Designation. In all cases, the Holder holder shall retain all of its rights and remedies for the Corporation’s failure to convert Series B Class X Preferred Stock.

Status as Stockholder. Upon each Conversion Date and Mandatory Conversion Date: (i) the shares of Series B Class A-[•] Preferred Stock being converted shall be deemed converted into shares of Common Stock; and (ii) the Holder’s rights as a holder of such converted shares of Series B Class A-[•] Preferred Stock shall cease and terminate, excepting only the right to receive certificates (or book entry notations notations) for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to such Holder because of a failure by the Corporation to comply with the terms of this Certificate of Designation. In all cases, the Holder shall retain all of its rights and remedies for the Corporation’s failure to convert Series B Class A-[•] Preferred Stock.

Status as Stockholder. Upon each Conversion Date and Mandatory Conversion Date: (i) the shares of Series B Class A Preferred Stock being converted shall be deemed converted into shares of Common Stock; and (ii) the Holder’s rights as a holder of such converted shares of Series B Class A Preferred Stock shall cease and terminate, excepting only the right to receive certificates (or book entry notations notations) for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to such Holder because of a failure by the Corporation to comply with the terms of this Certificate of Designation. In all cases, the Holder holder shall retain all of its rights and remedies for the Corporation’s failure to convert Series B Class A Preferred Stock.

Status as Stockholder. Upon each Conversion Date and Mandatory Conversion Date: (i) the shares of Series B X Preferred Stock being converted shall be deemed converted into shares of Common Stock; and (ii) the Holder’s rights as a holder of such converted shares of Series B X Preferred Stock shall cease and terminate, excepting only the right to receive book book-entry notations (or certificates, if requested) for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to such Holder because of a failure by the Corporation to comply with the terms of this Certificate of Designation. In all cases, the Holder holder shall retain all of its rights and remedies for the Corporation’s failure to convert Series B X Preferred Stock.