Common use of Timing of Issuance of Additional Common Stock Upon Certain Adjustments Clause in Contracts

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 5.1.5 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the holder of the Note converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such holder any amount of cash in lieu of a fractional share of Common Stock pursuant to Section 5.1.4; provided that the Company upon request shall deliver to such holder a due bill or other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 5.1.5 shall 4(g) require that an adjustment shall become effective immediately after a record date for an event, the Company Corporation may defer until the occurrence of such event (iA) issuing to the holder of the Note any Series A Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment adjustment, and (iiB) paying to such holder any amount of cash in lieu of a fractional share of Common Stock Share pursuant to paragraph (h) of this Section 5.1.44; provided that the Company Corporation upon request shall deliver to such holder a due bill xxxx or other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 5.1.5 subparagraph 4 shall require that an any adjustment shall become effective immediately after a record date for an event, the Company corporation may defer until the occurrence of such event (iA) issuing to the holder of the Note any share of Series A Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (iiB) paying to such holder any amount of cash in lieu of a fractional share of Common Stock pursuant to Section 5.1.4; provided that the Company corporation upon request shall deliver to such holder a due bill or xx other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 5.1.5 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the holder of the Note converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such holder any amount of cash in lieu of a fractional share of Common Stock pursuant to Section 5.1.4; provided PROVIDED that the Company upon request shall deliver to such holder a due bill or other appropriate instrument evidencing such holdersucx xxlder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.