Common use of Conversion upon Event of Default Clause in Contracts

Conversion upon Event of Default. (i) If (x) an Event of Default occurs and, (y) on any Business Day during the period beginning on, and including, the date such Event of Default occurs and ending on the later of (A) the twentieth (20th) Trading Day after the Holder’s receipt of an Event of Default Notice and (B) the fifth (5th) Trading Date after the Holder has received notice that such Event of Default has been cured, the Holder delivers a notice (the “Event of Default Conversion Trigger Notice”) to the Company stating that it has elected the provisions of this Section 10(D) to apply to this Note (or any portion of this Note) during the related Event of Default Conversion Period; then the Holder may convert this Note, in whole or in part, during an Event of Default Conversion Period. For purposes of this Section 10(D), “Event of Default Conversion Period” means the period from, and including, the fifth (5th) Business Day after the date such Event of Default Conversion Trigger Notice is delivered and ending on the date such Event of Default is waived (if at all) by the Holder; provided, however, that if the Company pays the Holder cash in an amount equal to the Event of Default Acceleration Amount plus all accrued and unpaid Default Interest on this Note, then (for the avoidance of doubt, regardless of whether a notice has been delivered by the Holder pursuant to Section 10(B)(ii)) the Event of Default Conversion Period will instead end on the date of such payment (and, for the avoidance of doubt, if such payment is made before the fifth (5th) Business Day after the date such Event of Default Conversion Trigger Notice is delivered, then the Event of Default Conversion Period will not begin). Upon payment of such Event of Default Acceleration Amount in full, this Note will cease to be outstanding and notice thereof shall be provided to the Trustee.

Conversion upon Event of Default. (i) If (x) This Debenture shall convert into shares of Common Stock upon an Event of Default occurs and(subject to the conversion limitations set forth in Section 4(d) hereof), (y) on any Business Day during at the period beginning on, and includingoption of the Holder. The Holder shall effect conversions by delivering to the Company a Notice of Conversion, the form of which is attached hereto as Annex A (each, a “Notice of Conversion”), specifying therein the amount to be converted and the date on which such Event conversion shall be effected. If no Conversion Date is specified in a Notice of Default occurs and ending on Conversion, the later of (A) Conversion Date shall be the twentieth (20th) Trading Day after the Holder’s receipt of an Event of Default Notice and (B) the fifth (5th) Trading Date after the Holder has received notice date that such Event Notice of Default has been curedConversion is deemed delivered hereunder. No ink-original Notice of Conversion shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Conversion form be required. To effect conversions hereunder, the Holder delivers a notice (the “Event of Default Conversion Trigger Notice”) shall not be required to physically surrender this Debenture to the Company stating that it has elected unless the provisions entire principal amount of this Section 10(D) Debenture, plus all accrued and unpaid interest thereon and any other amounts owing, has been so converted in which case the Holder shall surrender this Debenture as promptly as is reasonably practicable after such conversion without delaying the Company’s obligation to apply to this Note (or any portion deliver the shares on the Share Delivery Date. Any conversion hereunder shall have the effect of lowering the outstanding principal amount of this Note) during the related Event of Default Conversion Period; then the Holder may convert this Note, in whole or in part, during an Event of Default Conversion Period. For purposes of this Section 10(D), “Event of Default Conversion Period” means the period from, and including, the fifth (5th) Business Day after the date such Event of Default Conversion Trigger Notice is delivered and ending on the date such Event of Default is waived (if at all) by the Holder; provided, however, that if the Company pays the Holder cash Debenture in an amount equal to the Event of Default Acceleration applicable principal amount being converted provided that the Company delivers the Conversion Shares and pays the applicable Floor Price Spread Amount plus all accrued with respect to such conversion, if any, in accordance with this Section 4. The Holder and unpaid Default Interest on this Note, then (for the avoidance of doubt, regardless of whether a notice has been delivered by Company shall maintain records showing the Holder pursuant to Section 10(B)(ii)principal amount(s) the Event of Default Conversion Period will instead end on converted and the date of such payment conversion(s). The Company may deliver an objection to any Notice of Conversion within one (and, for the avoidance of doubt, if such payment is made before the fifth (5th1) Business Day after the date such Event of Default Conversion Trigger Notice is delivered, then the Event of Default Conversion Period will not begin). Upon payment delivery of such Event Notice of Default Acceleration Amount in fullConversion. In the event of any dispute or discrepancy, this Note will cease to be outstanding and notice thereof the records of the Holder shall be provided to controlling and determinative in the Trusteeabsence of manifest error. The Holder, and any assignee by acceptance of this Debenture, acknowledge and agree that, by reason of the provisions of this paragraph, following conversion of a portion of this Debenture, the unpaid and unconverted principal amount of this Debenture may be less than the amount stated on the face hereof.