Fundamental Change Option definition
Examples of Fundamental Change Option in a sentence
If the Holder does not elect the Fundamental Change Option in connection with the Fundamental Change, the provisions of Section 6(h) shall apply.
The Fundamental Change Option shall be exercisable at any time during the 35-day period following the effective date of the Fundamental Change (the “Fundamental Change Option Period”).
In addition, if the conversion is being made pursuant to the exercise of the Fundamental Change Option, the conversion notice shall so state.
For purposes of clarity, the provisions of paragraph 4.3 shall not apply upon exercise of the Fundamental Change Option.
If the Purchaser does not elect the Fundamental Change Option in connection with the Fundamental Change, the provisions of paragraph 6.6.7 below shall apply.
Provided there is no Default, the entire unpaid principal balance of each Convertible Note and all accrued and unpaid interest thereon will be due and payable in immediately available funds on the earliest of: (a) the Maturity Date; or (b) if the Purchaser elects the Fundamental Change Option, within five (5) business days of the Effective Date.