Common use of The Company and BSTI Response Clause in Contracts

The Company and BSTI Response. Upon receipt by the Company and BSTI of a facsimile copy of the Exchange Notice, the Company and BSTI shall send via facsimile, a confirmation of receipt of such Exchange Notice to such holder. Upon receipt by the Company of the Common Stock Certificates to be exchanged pursuant to an Exchange Notice, together with the originally executed Exchange Notice, BSTI or the transfer agent (as applicable) shall, within three (3) business days of each Closing Date (A) issue and surrender to a common carrier for overnight delivery to the address as specified in the Exchange Notice, a certificate, registered in the name of the holder or its designee, for the number of Conversion Shares to which the holder shall be entitled. In lieu of delivering physical certificates representing the Conversion Shares issuable in accordance with this Section 8(e) and provided that the transfer agent then is participating in the Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of a holder, BSTI shall use its commercially reasonable efforts to cause the transfer agent to electronically transmit the applicable number of Conversion Shares by crediting the account of the holder's prime broker with DTC through its Deposit Withdrawal Agent Commission ("DWAC") system. In addition, on or prior to such Closing Date, each of BSTI, the Company, and the holder shall deliver to the others all documents, instruments, and writings required to be delivered or reasonably requested by any of them pursuant to this Agreement in order to implement and effect the transactions contemplated herein.