Increases to Reserved Amount. Without limiting any other provision of this Section 1.6, if at any time prior to the Nine Month Anniversary Date the Company is notified by a Holder that the Reserved Amount, based upon the average of the 5 lowest Five Day Average Prices (as defined below) during any 30 consecutive trading days prior to the providing of such notice shall be less than One Hundred Fifty percent (150%) of the number of shares of Common Stock that would be issuable to such Holder if the date of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise of the Class II Warrant with respect to additional Units in connection with such Reset Date) (a "Share Reservation Failure"), the Company shall within five (5) business days notify all Holders of such occurrence and shall take action as soon as possible, but in any event within five (5) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, to increase the Reserved Amount for each Holder to Two Hundred percent (200%) of the number of shares of Common Stock then issuable to such Holder if the date of such notice by the Holder were a Reset Date (without regard to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise of the Class II Warrant with respect to additional Units in connection with such Reset Date). Any notice with respect to a particular Share Reservation Failure by a Holder shall be given within ten (10) business days of such particular Share Reservation Failure. For purposes hereof, "Five Day Average Price" means the average Closing Bid Price for the 5 trading days ending on the date in question.
Appears in 1 contract
Sources: Regulation D Subscription Agreement (Hartcourt Companies Inc)
Increases to Reserved Amount. Without limiting any other provision of this Section 1.6If, if at any time prior to after the Nine Month Anniversary Date the Company is notified by a Holder that date hereof, the Reserved Amount, based upon the average of the 5 lowest Five Day Average Prices Amount for any three (as defined below3) during any 30 consecutive trading days prior to (the providing last of such notice three (3) trading days being the "Authorization Trigger Date") shall be less than One Hundred Fifty percent (150%) 135% of the number of shares of Common Stock that would be issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise of the Class II Warrant with respect to additional Units in connection with such Reset Date) (a "Share Reservation Failure")Securities Purchase Agreement, the Company Corporation shall within five (5) business days immediately notify all Holders the holders of Prepaid Warrants of such occurrence and shall take immediate action as soon as possible(including, but in any event within five (5if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock provided the Company shall not be obligated to hold a meeting with respect to such stockholder approval prior to June 15, 1999) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, to increase the Reserved Amount for each Holder to Two Hundred percent (200%) % of the number of shares of Common Stock then issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to such Holder if the date of such notice by Securities Purchase Agreement. In the Holder were a Reset event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date (without regard or on or prior to the conversion limitations contained hereinJune 15, 1999 if stockholder approval is required), and including thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock issuable authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Class II Default Amount, this Warrant with respect shall be null and void. If the Corporation fails to additional Units in connection with deliver the Default Amount to Holder within five (5) business days after its receipt of such Reset Date). Any notice with respect to a particular Share Reservation Failure by a Default Notice, then Holder shall be given within ten (10) business days of such particular Share Reservation Failure. For purposes hereof, "Five Day Average Price" means entitled to the average Closing Bid Price for the 5 trading days ending on the date remedies provided in question.Article VI.C.
Appears in 1 contract
Increases to Reserved Amount. Without limiting any other provision of this Section 1.6If, if at any time prior to after the Nine Month Anniversary Date the Company is notified by a Holder that date hereof, the Reserved Amount, based upon the average of the 5 lowest Five Day Average Prices Amount for any three (as defined below3) during any 30 consecutive trading days prior to (the providing last of such notice three (3) trading days being the "Authorization Trigger Date") shall be less than One Hundred Fifty percent (150%) 135% of the number of shares of Common Stock that would be issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise of the Class II Warrant with respect to additional Units in connection with such Reset Date) (a "Share Reservation Failure")Securities Purchase Agreement, the Company Corporation shall within five (5) business days immediately notify all Holders the holders of Prepaid Warrants of such occurrence and shall take immediate action as soon as possible(including, but in any event within five (5if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, to increase the Reserved Amount for each Holder to Two Hundred percent (200%) % of the number of shares of Common Stock then issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained hereinSecurities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and including thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock issuable authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Class II Default Amount, this Warrant with respect shall be null and void. If the Corporation fails to additional Units in connection with deliver the Default Amount to Holder within five (5) business days after its receipt of such Reset Date). Any notice with respect to a particular Share Reservation Failure by a Default Notice, then Holder shall be given within ten (10) business days of such particular Share Reservation Failure. For purposes hereof, "Five Day Average Price" means entitled to the average Closing Bid Price for the 5 trading days ending on the date remedies provided in question.Article VI.C.
Appears in 1 contract
Increases to Reserved Amount. Without limiting any other provision of this Section 1.6, if at any time prior to the Nine Month Anniversary Date the Company is notified by a Holder that If the Reserved Amount, based upon the average of the 5 lowest Five Day Average Prices (as defined below) during Amount for any 30 five consecutive trading days prior to (the providing last of such notice five trading days being the "Authorization Trigger Date") shall be less than One Hundred Fifty one hundred percent (150100%) of the number of Common Shares issuable upon full conversion of the then outstanding shares of Common Stock that would be issuable to such Holder if the date of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise of the Class II Warrant with respect to additional Units in connection with such Reset Date) (a Series "Share Reservation Failure")A" Preferred Share, the Company Corporation shall within five (5) business days immediately notify all Holders the holders of Series "A" Preferred Share of such occurrence and shall take immediate action as soon as possible(including, but in any event within five (5if necessary, seeking stockholder approval to authorize the issuance of additional Common Shares) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, to increase the Reserved Amount for each Holder to Two Hundred one hundred percent (200100%) of the number of Common Shares then issuable upon full conversion (including any Dividend payable thereon) of all of the outstanding Series "A" Preferred Share at the then current Conversion Price. In the event the Corporation fails to so increase the Reserved Amount within one hundred twenty (120) days after an Authorization Trigger Date, each holder of Series "A" Preferred Shares shall thereafter have the option, exercisable in whole or in part at any time and from time to time, by delivery of a Redemption Notice to the Corporation, to require the Corporation to redeem for cash, at an amount per share equal to the Redemption Amount (as set out in Section 9(d) hereof), a number of the holder's shares of Common Stock then issuable Series "A" Preferred Share such that, after giving effect to such Holder if redemption, the date then unissued portion of such notice by holder's Reserved Amount is at least equal to one hundred percent (100%) of the Holder were a Reset Date total number of Common Shares issuable upon conversion (without regard including any Dividend payable thereon) of such holder's shares of Series "A" Preferred Share. If the Corporation fails to redeem any of such shares within five business days after its receipt of such Redemption Notice, then such holder shall be entitled to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise of the Class II Warrant with respect to additional Units remedies provided in connection with such Reset Date). Any notice with respect to a particular Share Reservation Failure by a Holder shall be given within ten (10) business days of such particular Share Reservation Failure. For purposes hereof, "Five Day Average Price" means the average Closing Bid Price for the 5 trading days ending on the date in questionSection 9.
Appears in 1 contract
Increases to Reserved Amount. Without limiting any other provision of this Section 1.6If, if at any time prior to after the Nine Month Anniversary Date the Company is notified by a Holder that date hereof, the Reserved Amount, based upon the average of the 5 lowest Five Day Average Prices Amount for any three (as defined below3) during any 30 consecutive trading days prior to (the providing last of such notice three (3) trading days being the "AUTHORIZATION TRIGGER DATE") shall be less than One Hundred Fifty percent (150%) 135% of the number of shares of Common Stock that would be issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise of the Class II Warrant with respect to additional Units in connection with such Reset Date) (a "Share Reservation Failure")Securities Purchase Agreement, the Company Corporation shall within five (5) business days immediately notify all Holders the holders of Prepaid Warrants of such occurrence and shall take immediate action as soon as possible(including, but in any event within five (5if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, to increase the Reserved Amount for each Holder to Two Hundred percent (200%) % of the number of shares of Common Stock then issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained hereinSecurities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and including thereafter Hold▇▇ ▇▇ unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock issuable authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Class II Default Amount, this Warrant with respect shall be null and void. If the Corporation fails to additional Units in connection with deliver the Default Amount to Holder within five (5) business days after its receipt of such Reset Date). Any notice with respect to a particular Share Reservation Failure by a Default Notice, then Holder shall be given within ten (10) business days of such particular Share Reservation Failure. For purposes hereof, "Five Day Average Price" means entitled to the average Closing Bid Price for the 5 trading days ending on the date remedies provided in question.Article VI.C.
Appears in 1 contract
Increases to Reserved Amount. Without limiting any other provision of this Section 1.6If, if at any time prior to after the Nine Month Anniversary Date the Company is notified by a Holder that date hereof, the Reserved Amount, based upon the average of the 5 lowest Five Day Average Prices Amount for any three (as defined below3) during any 30 consecutive trading days prior to (the providing last of such notice three (3) trading days being the "AUTHORIZATION TRIGGER DATE") shall be less than One Hundred Fifty percent (150%) 135% of the number of shares of Common Stock that would be issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise of the Class II Warrant with respect to additional Units in connection with such Reset Date) (a "Share Reservation Failure")Securities Purchase Agreement, the Company Corporation shall within five (5) business days immediately notify all Holders the holders of Prepaid Warrants of such occurrence and shall take immediate action as soon as possible(including, but in any event within five (5if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, to increase the Reserved Amount for each Holder to Two Hundred percent (200%) % of the number of shares of Common Stock then issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained hereinSecurities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and including thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock issuable authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Class II Default Amount, this Warrant with respect shall be null and void. If the Corporation fails to additional Units in connection with deliver the Default Amount to Holder within five (5) business days after its receipt of such Reset Date). Any notice with respect to a particular Share Reservation Failure by a Default Notice, then Holder shall be given within ten (10) business days of such particular Share Reservation Failure. For purposes hereof, "Five Day Average Price" means entitled to the average Closing Bid Price for the 5 trading days ending on the date remedies provided in question.Article VI.C.
Appears in 1 contract
Increases to Reserved Amount. Without limiting any other provision of this Section 1.6, if at any time prior to the Nine Month Anniversary Date the Company is notified by a Holder that If the Reserved Amount, based upon the average of the 5 lowest Five Day Average Prices (as defined below) during Amount for any 30 three consecutive trading days prior to (the providing last of such notice three trading days being the "Authorization Trigger Date") shall be less than One Hundred Fifty percent (150%) of the number of shares of Common Stock that would be issuable to such Holder if the date of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise conversion of the Class II Warrant with respect to additional Units in connection with such Reset Date) (a "Share Reservation Failure")Notes, the Company Corporation shall within five (5) business days immediately notify all the Holders of the Notes of such occurrence and shall take immediate action as soon as possible(including, but in any event within five (5if necessary, seeking shareholder approval to authorize the issuance of additional shares of Common Stock) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, to increase the Reserved Amount for each Holder to Two Hundred percent (200%) 135% of the number of shares of Common Stock then issuable upon conversion of the Notes. In the event the Corporation fails to so increase the Reserved Amount within, in the event shareholder approval is required ninety (90) days, or, in the event only approval of the Corporation's Board of Directors is required, ten (10) days after an Authorization Trigger Date, each Holder of the Notes shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Notice (as defined in Article VII.C) to the Corporation, to require the Corporation to prepay for cash, at the Default Amount (as defined in Article VII.B), a portion of the Holder's principal amount outstanding of the Notes (plus accrued interest thereon) such that, after giving effect to such Holder if prepayment, the date Holder's allocated portion of such notice by the Holder were a Reset Date (without regard to Reserved Amount equals the conversion limitations contained herein, and including total number of shares of Common Stock issuable to such Holder upon exercise conversion of its Note. If the Class II Warrant with respect Corporation fails to additional Units in connection with pay the Default Amount within five (5) business days after its receipt of such Reset Date). Any notice with respect to a particular Share Reservation Failure by a Default Notice, then such Holder shall be given within ten (10) business days entitled to the remedies provided in Article VII.C. Notwithstanding anything else contained herein, if the Corporation has a sufficient number of authorized shares of Common Stock, the Corporation shall immediately issue additional shares of Common Stock to any Holder who has exceeded its allocated portion of the Reserved Amount upon conversions by such particular Share Reservation Failure. For purposes hereof, "Five Day Average Price" means the average Closing Bid Price for the 5 trading days ending on the date in questionHolder of its Notes.
Appears in 1 contract
Sources: Convertible Note Agreement (Merlin Software Technologies International Inc)
Increases to Reserved Amount. Without limiting any other provision of this Section 1.6If, if at any time prior to after the Nine Month Anniversary Date the Company is notified by a Holder that date hereof, the Reserved Amount, based upon the average of the 5 lowest Five Day Average Prices Amount for any three (as defined below3) during any 30 consecutive trading days prior to (the providing last of such notice three (3) trading days being the "AUTHORIZATION TRIGGER DATE") shall be less than One Hundred Fifty percent (150%) 135% of the number of shares of Common Stock that would be issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise of the Class II Warrant with respect to additional Units in connection with such Reset Date) (a "Share Reservation Failure")Securities Purchase Agreement, the Company Corporation shall within five (5) business days immediately notify all Holders the holders of Prepaid Warrants of such occurrence and shall take immediate action as soon as possible(including, but in any event within five (5if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, to increase the Reserved Amount for each Holder to Two Hundred percent (200%) 165% of the number of shares of Common Stock then issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained hereinSecurities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and including thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock issuable authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount 10 in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Class II Default Amount, this Warrant with respect shall be null and void. If the Corporation fails to additional Units in connection with deliver the Default Amount to Holder within five (5) business days after its receipt of such Reset Date). Any notice with respect to a particular Share Reservation Failure by a Default Notice, then Holder shall be given within ten (10) business days of such particular Share Reservation Failure. For purposes hereof, "Five Day Average Price" means entitled to the average Closing Bid Price for the 5 trading days ending on the date remedies provided in question.Article VI.C.
Appears in 1 contract
Increases to Reserved Amount. Without limiting any other provision of this Section 1.6If, if at any time prior to the Nine Month Anniversary Date the Company is notified by a Holder that after July 31, 1998, the Reserved Amount, based upon the average of the 5 lowest Five Day Average Prices Amount for any three (as defined below3) during any 30 consecutive trading days prior to (the providing last of such notice three (3) trading days being the "Authorization Trigger Date") shall be less than One Hundred Fifty percent (150%) 135% of the number of shares of Common Stock that would be issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained herein, and including shares of Common Stock issuable upon exercise of the Class II Warrant with respect to additional Units in connection with such Reset Date) (a "Share Reservation Failure")Securities Purchase Agreement, the Company Corporation shall within five (5) business days immediately notify all Holders the holders of Prepaid Warrants of such occurrence and shall take immediate action as soon as possible(including, but in any event within five (5if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, to increase the Reserved Amount for each Holder to Two Hundred percent (200%) % of the number of shares of Common Stock then issuable to such Holder if upon the date full exercise of such notice by the Holder were a Reset Date (without regard all Prepaid Warrants issued or issuable pursuant to the conversion limitations contained hereinSecurities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and including thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock issuable authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Class II Default Amount, this Warrant with respect shall be null and void. If the Corporation fails to additional Units in connection with deliver the Default Amount to Holder within five (5) business days after its receipt of such Reset Date). Any notice with respect to a particular Share Reservation Failure by a Default Notice, then Holder shall be given within ten (10) business days of such particular Share Reservation Failure. For purposes hereof, "Five Day Average Price" means entitled to the average Closing Bid Price for the 5 trading days ending on the date remedies provided in question.Article VI.C.
Appears in 1 contract
Increases to Reserved Amount. Without limiting any other provision of this Section 1.6, if at any time prior to the Nine Month Anniversary Date the Company is notified by a Holder that If the Reserved Amount, based upon the average of the 5 lowest Five Day Average Prices Amount for any three (as defined below3) during any 30 consecutive trading days prior to (the providing last of such notice three (3) trading days being the "Authorization Trigger Date") shall be less than One Hundred Fifty percent (150%) 135% of the number of shares of Common Stock that would be issuable to such Holder if the date of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard to the conversion limitations contained herein, and including shares of Common Stock issuable upon conversion of this Debenture and exercise of the Class II Warrant with respect to additional Units in connection with Warrants issuable upon conversion hereof on such Reset Date) (a "Share Reservation Failure")trading days, the Company Corporation shall within five (5) business days immediately notify all Holders Holder of such occurrence and shall take immediate action as soon as possible(including, but in any event within five (5if necessary, seeking shareholder approval to authorize the issuance of additional shares of Common Stock) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, to increase the Reserved Amount for each Holder to Two Hundred percent (200%) % of the number of shares of Common Stock then issuable upon conversion of this Debenture and exercise of the Warrants issuable upon conversion hereof. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, Holder shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Notice (as defined in Article VIII.C) to the Corporation, to require the Corporation to prepay for cash, at the Default Amount (as defined in Article VIII.B), a portion of the principal amount of this Debenture (plus accrued interest thereon) such that, after giving effect to such Holder if prepayment, the date Reserved Amount exceeds 135% of such notice by the Holder were a Reset Date (without regard to the conversion limitations contained herein, and including total number of shares of Common Stock issuable to Holder upon conversion of this Debenture (and exercise of the Class II Warrant with respect Warrants issuable upon conversion hereof) on the date of the Default Notice. If the Corporation fails to additional Units in connection with pay such Reset Date). Any notice with respect to Default Amount within five (5) business days after its receipt of a particular Share Reservation Failure by a Default Notice, then Holder shall be given within ten (10) business days of such particular Share Reservation Failure. For purposes hereof, "Five Day Average Price" means entitled to the average Closing Bid Price for the 5 trading days ending on the date remedies provided in question.Article VIII.C.
Appears in 1 contract
Sources: Convertible Term Debenture (Fastcomm Communications Corp)