Common use of Record Holder of Underlying Securities as of Conversion Date Clause in Contracts

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Class A Common Stock and, to the extent applicable, cash on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Class A Common Stock and, to the extent applicable, cash as of the close of business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable Holder with the relevant procedures contained in this Section 7, the Company shall issue the number of whole shares of Class A Common Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 7(e) (if any)). Such delivery of shares of Class A Common Stock shall be made, at the option of the Company, in certificated form or by book-entry. Any such certificate or certificates shall be delivered by the Company to the appropriate Holder on a book-entry basis or by mailing certificates evidencing the shares to the Holders at their respective addresses as set forth in the Conversion Notice. In the event that a Holder shall not by written notice designate the name in which shares of Class A Common Stock (and payments of cash in lieu of fractional shares (if any)) and, to the extent applicable, cash, securities or other property to be delivered upon conversion of shares of Class A Preferred Stock should be registered or paid, or the manner in which such shares and cash, securities or other property should be delivered, the Company shall be entitled to register and deliver such shares, securities and other property, and make such payment, in the name of the Holder and in the manner shown on the records of the Company.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Class A Common Stock and, to the extent applicable, cash shares of Series D Preferred Stock, cash, securities or other property issuable upon conversion of Series C Preferred Stock on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Class A Common Stock andand/or shares of Series D Preferred Stock, to the extent applicablecash, cash securities or other property as of the close of business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable Holder with the relevant conversion procedures contained in this Section 77(a) (and in any event no later than three (3) Trading Days thereafter), the Company Corporation shall issue the number of whole shares of Class A Common Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 7(e10(j)) (if any))and, to the extent applicable, any cash, securities or other property issuable thereon. Such delivery of shares of Class A Common Stock Stock, securities or other property shall be made, at the option of the Company, in certificated form or made by book-entry. Any such certificate or certificates shall be delivered by the Company to the appropriate Holder on a book-entry basis or by mailing certificates evidencing the shares to the Holders at their respective addresses as set forth in the Conversion Notice. In the event that a Holder shall not by written notice designate the name in which shares of Class A Common Stock (and payments of cash in lieu of fractional shares (if any)shares) and, to the extent applicable, cash, securities or other property to be delivered upon conversion of shares of Class A Series C Preferred Stock should be registered or paid, or the manner in which such shares and shares, cash, securities or other property should be delivered, the Company Corporation shall be entitled to register and deliver such shares, securities and or other property, and make such payment, in the name of the Holder and in the manner shown on the records of the CompanyCorporation.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Class A Common Stock andor Series A Preferred Stock, to the extent as applicable, cash issuable upon conversion of Preferred Stock on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Class A Common Stock andor Series A Preferred Stock, to the extent as applicable, cash as of the close of business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable Holder with the relevant procedures contained in this Section 78(a) (and in any event no later than three (3) Trading Days thereafter), the Company Corporation shall issue the number of whole shares of Class A Common Stock or Series A Preferred Stock, as applicable, issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 7(e) (if any))conversion. Such delivery of shares of Class A Common Stock or Series A Preferred Stock, as applicable, shall be made, at the option of the CompanyCorporation, in certificated form or by book-entry. Any such certificate or certificates shall be delivered by the Company Corporation to the appropriate Holder on a book-entry basis or by mailing certificates evidencing the shares to the Holders at their respective addresses as set forth in the Conversion NoticeNotice (in the case of a conversion pursuant to Section 4(a)) or in the records of the Corporation (in the case of a Mandatory Conversion or Automatic Conversion). In the event that a Holder shall not by written notice designate the name in which shares of Class A Common Stock (and payments of cash in lieu of fractional shares (if any)) andor Series A Preferred Stock, to the extent as applicable, cash, securities or other property to be delivered upon conversion of shares of Class A Preferred Stock should be registered or paidregistered, or the manner in which such shares and cash, securities or other property should be delivered, the Company Corporation shall be entitled to register and deliver such shares, securities and other property, and make such payment, shares in the name of the Holder and in the manner shown on the records of the CompanyCorporation.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Class A Common Stock and, to upon conversion of the extent applicable, cash Series A Preferred Shares on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Class A Common Stock and, to the extent applicable, cash as of the close Close of business Business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable Holder with the relevant procedures contained in this Section 7, the Company shall issue the number of whole shares of Class A Common Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 7(e) (if any)). Such delivery of shares of Class A Common Stock shall be made, at the option of the Company, in certificated form or by book-entry. Any such certificate or certificates shall be delivered by the Company to the appropriate Holder on a book-entry basis or by mailing certificates evidencing the shares to the Holders at their respective addresses as set forth in the Conversion Notice. In the event that a case of an Optional Conversion as to which such Holder shall not by written notice designate in its Conversion Notice have designated the name in which shares of Class A Common Stock (and payments of cash in lieu of fractional shares (if any)) and, to the extent applicable, cash, securities or other property to be delivered upon conversion of shares of Class the Series A Preferred Stock Shares should be registered or paidregistered, or the manner in which such shares and cash, securities or other property should be delivered, the Company shall be entitled to register and deliver such shares, securities and other property, and make such payment, shares in the name of the Holder and in the manner shown on the records of the Company. The Company may, in its sole and absolute discretion, deliver shares of Common Stock deliverable in any Optional Conversion or Forced Conversion either, to the extent feasible, in book entry form through the facilities of The Depositary Trust Company (including, without limitation, the Direct Registration System service of the Depository Trust Company) or, otherwise, in the form of physical stock certificates or in book-entry form with the Company’s transfer agent for the Common Stock. Unless otherwise agreed to by the Company and the applicable Holder, each certificate or book-entry position representing shares of Common Stock issuable upon conversion shall bear a restrictive legend substantially in the form set forth in Appendix I hereto, which is hereby incorporated in and expressly made a part of this Certificate of Designation, and will be subject to the restrictions set forth therein. In addition, each such certificate or book-entry position may have notations, additional legends or endorsements required by Applicable Law, applicable stock exchange rules, and any agreements to which the Company and the Holders in their capacity as Holders are subject, if any.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Class A Common Stock and, to the extent applicable, cash upon conversion of Series A Preferred Shares on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Class A Common Stock and, to the extent applicable, cash as of the close of business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable Holder with the relevant procedures contained in this Section 7, the Company shall issue the number of whole shares of Class A Common Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 7(e) (if any)). Such delivery of shares of Class A Common Stock shall be made, at the option of the Company, in certificated form or by book-entry. Any such certificate or certificates shall be delivered by the Company to the appropriate Holder on a book-entry basis or by mailing certificates evidencing the shares to the Holders at their respective addresses as set forth in the Conversion Notice. In the event that a case of an Optional Conversion as to which such Holder shall not by written notice designate in its Conversion Notice have designated the name in which shares of Class A Common Stock (and payments of cash in lieu of fractional shares (if any)) and, to the extent applicable, cash, securities or other property to be delivered upon conversion of shares of Class Series A Preferred Stock Shares should be registered or paidregistered, or the manner in which such shares and cash, securities or other property should be delivered, the Company shall be entitled to register and deliver such shares, securities and other property, and make such payment, shares in the name of the Holder and in the manner shown on the records of the Company. The Company may, in its sole and absolute discretion, deliver shares of Class A Common Stock deliverable in any Optional Conversion either in book-entry form through the facilities of The Depositary Trust Company (including, without limitation, the Direct Registration System service of The Depository Trust Company) or in the form of physical stock certificates or in book-entry form with the transfer agent for the Class A Common Stock. Unless otherwise agreed to by the Company and the applicable Holder, each certificate or book-entry position representing shares of Class A Common Stock issuable upon conversion shall bear such a restrictive legend substantially in the form set forth in Appendix I hereto, which is hereby incorporated in and expressly made a part of this Certificate of Designation, and will be subject to the restrictions set forth therein. In addition, each such certificate or book-entry position may have notations, additional legends or endorsements required by Applicable Law, stock exchange rules, and agreements to which the Company and all of the Holders in their capacity as Holders are subject, if any.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Class A Common Stock and, to the extent applicable, cash cash, issuable upon conversion of Series A Preferred Stock on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Class A Common Stock and, to the extent applicable, and/or cash as of the close Close of business Business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable Holder holder with the relevant conversion procedures contained in this Section 77(c) (and in any event no later than three Trading Days thereafter), the Company Corporation shall issue the number of whole shares of Class A Common Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 7(e) (if any)shares). Such delivery of shares of Class A Common Stock and, if applicable, cash, shall be made, at the option of the Companyapplicable holder, in certificated form or by book-entry. Any such certificate or certificates shall be delivered by the Company Corporation to the appropriate Holder holder on a book-entry basis or by mailing certificates evidencing the shares to the Holders holders at their respective addresses as set forth in the Conversion Noticeconversion notice. If fewer than all of the shares of Series A Preferred Stock held by any holder hereto are converted pursuant to Section 7(b), then a new certificate representing the unconverted shares of Series A Preferred Stock shall be issued to such holder concurrently with the issuance of the certificates (or book-entry shares) representing the applicable shares of Common Stock. In the event that a Holder holder shall not by written notice designate the name in which shares of Class A Common Stock (and payments of cash in lieu of fractional shares (if any)) and, to the extent applicable, cash, securities or other property cash to be delivered upon conversion of shares of Class Series A Preferred Stock should be registered or paid, or the manner in which such shares and cashand, securities or other property if applicable, cash should be delivered, the Company Corporation shall be entitled to register and deliver such sharesshares and, securities and other propertyif applicable, and make such payment, cash in the name of the Holder holder and in the manner shown on the records of the CompanyCorporation.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Class A Common Stock and, to the extent applicable, cash cash, issuable upon conversion of Series B Preferred Stock on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Class A Common Stock and, to the extent applicable, and/or cash as of the close Close of business Business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable Holder holder with the relevant conversion procedures contained in this Section 77(d) (and in any event no later than three Trading Days thereafter), the Company Corporation shall issue the number of whole shares of Class A Common Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 7(e) (if any))conversion. Such delivery of shares of Class A Common Stock shall be made, at the option of the Company, made in certificated form or by book-entryform. Any such certificate or certificates and any cash shall be delivered by the Company Corporation to the appropriate Holder on a book-entry basis or holder by mailing certificates evidencing the shares to the Holders holders at their respective addresses as set forth in the Conversion Noticeconversion notice. If fewer than all of the shares of Series B Preferred Stock held by any holder are converted pursuant to Section 7(b), then a new certificate representing the unconverted shares of Series B Preferred Stock shall be issued to such holder concurrently with the issuance of the certificates representing the applicable shares of Common Stock. In the event that a Holder holder shall not by written notice designate the name in which shares of Class A Common Stock (and payments of cash in lieu of fractional shares (if any)) and, to the extent applicable, cash, securities or other property cash to be delivered upon conversion of shares of Class A Series B Preferred Stock should be registered or paid, or the manner in which such shares and cashand, securities or other property if applicable, cash should be delivered, the Company Corporation shall be entitled to register and deliver such sharesshares and, securities and other propertyif applicable, and make such payment, cash in the name of the Holder holder and in the manner shown on the records of the CompanyCorporation.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Class Series A Common Preferred Stock and, to the extent applicable, cash cash, issuable upon conversion of Series B Preferred Stock on a Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Class Series A Common Preferred Stock and, to the extent applicable, and/or cash as of the close Close of business Business on such Conversion Date. As promptly as practicable on or after the Conversion Date (and compliance by the applicable Holder with the relevant procedures contained in this Section 7any event no later than three Trading Days thereafter), the Company Corporation shall issue the number of whole shares of Class Series A Common Preferred Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 7(e) (if any))conversion. Such delivery of shares of Class Series A Common Preferred Stock and, if applicable, cash, shall be made, at the option of the Company, made in certificated form or by book-entry. Any such certificate or certificates shall be delivered by the Company Corporation to the appropriate Holder holder on a book-entry basis or by mailing certificates evidencing the shares to the Holders holders at their respective addresses as set forth in the Conversion Noticeconversion notice. In the event that a Holder holder shall not by written notice designate the name in which shares of Class Series A Common Preferred Stock (and payments of cash in lieu of fractional shares (if any)) and, to the extent applicable, cash, securities or other property to be delivered upon conversion of shares of Class A Series B Preferred Stock should be registered or paid, or the manner in which such shares and and, if applicable, cash, securities or other property should be delivered, the Company Corporation shall be entitled to register and deliver such sharesshares and, securities and other propertyif applicable, and make such paymentcash, in the name of the Holder holder and in the manner shown on the records of the CompanyCorporation.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Class Common Shares issuable upon conversion of Series A Common Stock and, to the extent applicable, cash on a Conversion Date Preference Shares shall be treated for all purposes as the record holder(s) of such shares of Class A Common Stock and, to the extent applicable, cash Shares as of the close Close of business Business on the Conversion Date for such Conversion Dateconversion. As promptly as practicable on or after the Conversion Date (and compliance by the applicable Holder with the relevant procedures contained in this Section 7no event later than three Trading Days thereafter), the Company shall issue the number of whole shares of Class A Common Stock Shares issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 7(e) (if any)shares). Such delivery of shares of Class A Common Stock Shares shall be madeissued, at the option of the Companyapplicable holder, in certificated form or by book-entryuncertificated form. Any such certificate or certificates certificates, if applicable, shall be delivered by the Company to the appropriate Holder on a book-entry basis or holder(s) by mailing certificates evidencing the shares to the Holders such holder(s) at their respective addresses as set forth in the applicable conversion notice. Any such uncertificated Common Shares, if applicable, shall be registered in the name and delivered to the DTC or other applicable account directed by the applicable holder. If fewer than all of the Series A Preference Shares held by any holder are converted pursuant to this Section 7, then a new certificate representing the unconverted Series A Preference Shares shall be issued to such holder promptly following the surrender by such holder to the Conversion NoticeAgent of the certificate(s) representing the Series A Preference Shares to be converted. In the event that a Holder holder shall not by written notice designate the name in which shares of Class A Common Stock (and payments of cash in lieu of fractional shares (if any)) Shares and, to the extent applicable, cash, securities or other property cash to be delivered upon conversion of shares of Class Series A Preferred Stock Preference Shares should be registered or paid, or the manner in which such shares and cashand, securities or other property if applicable, cash should be delivered, the Company shall be entitled to register and deliver such sharesshares and, securities and other propertyif applicable, and make such payment, cash in the name of the Holder holder and in the manner shown on in the records register of members of the Company.

Record Holder of Underlying Securities as of Conversion Date. The Person or Persons entitled to receive the Class Series A Common Preferred Stock and, to the extent applicable, cash cash, securities or other property issuable upon conversion of the Series B Preferred Stock on a the Conversion Date shall be treated for all purposes as the record holder(s) of such shares of Class Series A Common Preferred Stock andand/or cash, to the extent applicable, cash securities or other property as of the close of business on such Conversion Date. As promptly as practicable on or after the Conversion Date and compliance by the applicable Holder with the relevant procedures contained in this Section 7, 8(a) (and in any event no later than three (3) Business Days thereafter; the Company shall issue the number of whole shares of Class Series A Common Preferred Stock issuable upon conversion (and deliver payment of cash in lieu of fractional shares as set out in Section 7(e6(c)) (if any))and, to the extent applicable, any cash, securities or other property issuable thereon. Such delivery of shares of Class Series A Common Stock Preferred Stock, securities or other property shall be mademade by book-entry or, at the option request of the CompanyHolder, through the facilities of The Depositary Trust Company or in certificated form or by book-entryform. Any such certificate or certificates shall be delivered by the Company to the appropriate Holder on a book-entry basis basis, through the facilities of The Depositary Trust Company, or by mailing certificates evidencing the shares to the Holders at their respective addresses as set forth notified in writing by such Holders to the Conversion NoticeAgent. In the event that a Holder shall not by written notice designate the name in which shares of Class A Common Stock (and payments of cash in lieu of fractional shares (if any)) and, to the extent applicable, cash, securities or other property to be delivered upon conversion of shares of Class A Preferred Stock should be registered or paid, or the manner in which such shares and cash, securities or other property should be delivered, the The Company shall be entitled to register and deliver such shares, securities and or other property, and make such payment, in the name of the Holder and in the manner shown on the records of the Company.