Examples of Conversion Share Delivery Date in a sentence
If the Company fails to cause the Transfer Agent to transmit to the Holder the Conversion Shares pursuant to Section 4(c)(i) by the Conversion Share Delivery Date, then the Holder will have the right to rescind such conversion.
On the Conversion Share Delivery Date or the date of payment of the Cash Settlement Amount, as applicable, the Company shall deliver a statement to the converting Holder, the Trustee and the Conversion Agent stating in reasonable detail a calculation of the amounts payable in connection with such conversion, and shall include a written authorization for the Trustee to approve the cancellation or reduction of Physical Notes or DWAC withdrawal of interests in the Global Notes, as applicable.
In addition to any other remedies of the Holder hereunder, in connection with any Notice of Conversion, if the Company does not deliver the applicable Conversion Shares by the applicable Conversion Share Delivery Date, the Holder may, at its option, in connection with any conversion of this Note pursuant to Section 4(b), apply any Interest Advance Shares to the satisfaction of the Company’s obligation to deliver the applicable Conversion Shares on the applicable Conversion Share Delivery Date.
The Company understands that a delay in the delivery of the Conversion Shares after the Conversion Share Delivery Date could result in economic loss to the Holder.
As compensation to the Holder for such loss, the Company agrees to pay (as liquidated damages and not as a penalty) to the Holder for late issuance of Conversion Shares upon conversion of this Note the proportionate amount of $100 per business day after the Conversion Share Delivery Date for each $10,000 of Conversion Price of Conversion Shares for which this Note is converted which are not timely delivered.
If the Company fails to cause the Transfer Agent to transmit to the Holder the Conversion Shares pursuant to Section 5(c)(i) by the Conversion Share Delivery Date, then the Holder will have the right to rescind such conversion.
If the Company is able to deliver Conversion Shares through DWAC Delivery but fails to deliver such Conversion Shares by the Conversion Share Delivery Date, the Company shall pay to Holder, in cash as liquidated damages and not as a penalty, $20 per Trading Day for each $1,000 of Conversion Shares subject to such delay.
In addition to any other remedies of the Holder hereunder, in connection with any Notice of Conversion, if the Company does not deliver the applicable Conversion Shares by the applicable Conversion Share Delivery Date, the Holder may, at its option, in connection with any conversion of this Debenture pursuant to Section 4(b), apply any Available Advance Shares to the satisfaction of the Company’s obligation to deliver the applicable Conversion Shares on the applicable Conversion Share Delivery Date.
If the Issuer fails to, or fails to cause its transfer agent to, transmit to the Holder a certificate or certificates representing the Conversion Shares pursuant to this Section 4(d) by the Conversion Share Delivery Date, then the Holder will have the right to rescind its exercise of a Conversion under Section 4(a).
In addition to any other remedies of the Holder hereunder, in connection with any Notice of Conversion, if the Company does not deliver the applicable Conversion Shares by the applicable Conversion Share Delivery Date, the Holder may, at its option, in connection with any conversion of this Note pursuant to Section 4(b), apply any Available Advance Shares to the satisfaction of the Company’s obligation to deliver the applicable Conversion Shares on the applicable Conversion Share Delivery Date.