Make-Whole Fundamental Change Conversion Period has the following meaning:
Fundamental Change Company Notice shall have the meaning specified in Section 15.02(c).
Mandatory Conversion Notice has the meaning set forth in Section 4.7.C hereof.
Forced Conversion Notice has the meaning set forth in Section 4.05(c) hereof.
Fundamental Change Notice has the meaning specified in Section 8.02(a).
Fundamental Change Purchase Notice has the meaning specified in Section 3.01(a)(i).
Forced Conversion Notice Date shall have the meaning set forth in Section 6(d).
Form of Fundamental Change Purchase Notice means the “Form of Fundamental Change Purchase Notice” attached as Attachment 2 to the Form of Note attached hereto as Exhibit A.
Fundamental Change Repurchase Notice shall have the meaning specified in Section 15.02(b)(i).
Conversion Notice has the meaning specified in Section 4.02(b).
Form of Fundamental Change Repurchase Notice means the “Form of Fundamental Change Repurchase Notice” attached as Attachment 2 to the Form of Note attached hereto as Exhibit A.
Fundamental Change shall be deemed to have occurred at the time after the Notes are originally issued if any of the following occurs:
Optional Conversion Date means, with respect to the Optional Conversion of any Convertible Preferred Stock, the first Business Day on which the requirements set forth in Section 10(d)(ii) for such conversion are satisfied.
Optional Conversion has the meaning set forth in Section 6(a).
Continuation/Conversion Notice means a notice of continuation or conversion and certificate duly executed by an Authorized Officer of the Borrower, substantially in the form of Exhibit C hereto.
Fundamental Change Purchase Date has the meaning specified in Section 8.01(a).
Mandatory Conversion Date has the meaning set forth in Section 7(a).
Fundamental Change Repurchase Date shall have the meaning specified in Section 15.02(a).
Change of Control Conversion Date shall have the meaning provided in the Articles Supplementary.
Fundamental Change Effective Date means the date on which any Fundamental Change becomes effective.
Common Stock Fundamental Change means any Fundamental Change in which more than 50% of the value (as determined in good faith by the Board of Directors of the Company) of the consideration received by holders of Common Stock consists of common stock that, for the 10 Trading Days immediately prior to such Fundamental Change, has been admitted for listing or admitted for listing subject to notice of issuance on a national securities exchange or quoted on Nasdaq National Market, provided, however, that a Fundamental Change shall not be a Common Stock Fundamental Change unless either (i) the Company continues to exist after the occurrence of such Fundamental Change and the outstanding Preferred Stock continues to exist as outstanding Preferred Stock, or (ii) not later than the occurrence of such Fundamental Change, the outstanding Preferred Stock is converted into or exchanged for shares of convertible preferred stock, which convertible preferred stock has powers, preferences and relative, participating optional or other rights, and qualifications, limitations and restrictions substantially similar (but no less favorable) to those of the Preferred Stock.
Fundamental Change Expiration Time shall have the meaning specified in Section 16.02(b)(ix).
Fundamental Change Purchase Price has the meaning specified in Section 5.01(a).
Mandatory Conversion shall have the meaning set forth in Section 6.
Forced Conversion Date shall have the meaning set forth in Section 6(d).