Conversion of Convertible Note. The Holder shall have the right, at its option, at any time and from time to time, after the date hereof to convert the principal amount of this Convertible Note, or any portion of such principal amount in the minimum amount of $1,000 or any integral multiple thereof, into that number of fully paid and nonassessable shares of Common Stock (as such shares shall then be constituted) determined pursuant to this Section 4. 1. The number of shares of Common Stock to be issued upon each conversion of this Convertible Note shall be determined by dividing the Conversion Amount (as defined below) by the Conversion Price in effect on the date (the "Conversion Date") a Notice of Conversion is delivered to the Company by the Holder by facsimile or other reasonable means of communication dispatched prior to 11:00 p.m., Eastern Standard Time PROVIDED, HOWEVER, the aggregate number of shares to be issued pursuant to the conversion of this Convertible Note and all other of the Convertible Notes shall never exceed the Maximum Number of Shares. The term "Conversion Amount" means, with respect to any conversion of this Convertible Note, the sum of (i) the principal amount of this Convertible Note to be converted in such conversion (including any premium thereon pursuant to the Purchase Agreement) plus (ii) accrued and unpaid interest, if any, on such principal amount at the interest rates provided in this Convertible Note to the Conversion Date plus (iii) Default Interest, if any, on the interest referred to in the immediately preceding clause (ii).
Appears in 1 contract
Sources: Convertible Note (Aht Corp)
Conversion of Convertible Note. The Subject to Section 5 hereof, the Holder shall have the right, at its option, at any time from and from time to time, after the date hereof of issuance of this Convertible Note, to convert up to $500,000 the principal amount of this Convertible Note, or any portion of such principal amount in the minimum amount of $1,000 or any integral multiple thereofamount, into that number of fully paid and nonassessable shares of Common Stock (as such shares shall then be constituted) determined pursuant to this Section 4.
1. The Holder shall have the right to convert the remaining $500,000 principal amount of this Convertible Note at any time following the 90th day following the date of issuance of this Convertible Note. The number of shares of Common Stock to be issued upon each conversion of this Convertible Note shall be determined by dividing the Conversion Amount (as defined below) by the Conversion Price in effect on the date (the "Conversion Date") a Notice of Conversion is delivered to the Company Company, as applicable, by the Holder by facsimile or other reasonable means of communication dispatched prior to 11:00 5:00 p.m., Eastern Standard Time PROVIDED, HOWEVER, the aggregate number of shares to be issued pursuant to the conversion of this Convertible Note and all other of the Convertible Notes shall never exceed the Maximum Number of Shares. E.S.T. The term "Conversion Amount" means, with respect to any conversion of this Convertible Note, the sum of (i1) the principal amount of this Convertible Note to be converted in such conversion (including any premium thereon pursuant to the Purchase Agreement) plus (ii2) accrued and unpaid interest, if any, on such principal amount at the interest rates provided in this Convertible Note to the Conversion Date plus (iii3) Default Interest, if any, on the interest referred to in the immediately preceding clause (ii)2) plus (4) at the Holder's option, any amounts owed to the Holder pursuant to Section 4.3 hereof, Section 10.1 of the Agreement or Section 10.4 of the Agreement.
Appears in 1 contract
Sources: Securities Purchase Agreement (Smartserv Online Inc)