Common use of Voluntary Conversion at the Lender’s Option Clause in Contracts

Voluntary Conversion at the Lender’s Option. Commencing on the date that is ten (10) Business Days prior to the Maturity Date until the date that is five (5) Business Days prior to the Maturity Date, the Lender shall have the right, but not the obligation (the “Conversion Right”), to deliver a written notice to the Borrower (the “Conversion Notice”) and the Investment Representation Statement attached hereto as Exhibit B requesting the conversion of Eleven Million Three Hundred Thousand and 00/100 Dollars ($11,300,000.00) of the then outstanding principal amount of the Loan into shares of Common Stock at the Conversion Price (“Conversion” and such shares of Common Stock issued as a result of the Conversion, hereinafter, for purposes of this Section 3.3, the “Shares”).

Appears in 2 contracts

Samples: Convertible Loan Agreement (Biovest International Inc), Convertible Loan Agreement (Accentia Biopharmaceuticals Inc)

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Voluntary Conversion at the Lender’s Option. (a) Commencing on the date that is ten (10) Business Days prior to the Maturity Date until the date that is five (5) Business Days prior to the Maturity Date, the Lender shall have the right, but not the obligation (the “Conversion Right”), to deliver a written notice to the Borrower (the “Conversion Notice”) and the Investment Representation Statement attached hereto as Exhibit B requesting the conversion of Eleven Million Three Hundred Thousand and 00/100 Dollars ($11,300,000.00) of the then outstanding principal amount of the Loan into shares of Common Stock at the Conversion Price (“Conversion” and such shares of Common Stock issued as a result of the Conversion, hereinafter, for purposes of this Section 3.34, the “Shares”).

Appears in 2 contracts

Samples: Accentia Biopharmaceuticals Inc, Biovest International Inc

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