Common use of Company’s Response Clause in Contracts

Company’s Response. Upon receipt by the Company of copy of a Conversion Notice, the Company shall as soon as practicable, but in any event within two (2) Business Days, send, via facsimile, a confirmation of receipt of such Conversion Notice to such Holder and the Transfer Agent, which confirmation shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein. On or before the third (3rd) Business Day following the date of receipt by the Company of such Conversion Notice (the “Share Delivery Date”), the Company shall (A) provided the Transfer Agent is participating in DTC Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the Holder shall be entitled to the Holder’s or its designee’s balance account with DTC through its Deposit Withdrawal Agent Commission system, or (B) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, issue and deliver to the address as specified in the Conversion Notice, a certificate, registered in the name of the Holder or its designee, for the number of shares of Common Stock to which the Holder shall be entitled. If the number of Preferred Shares represented by the Preferred Share Certificate(s) submitted for conversion, as may be required pursuant to Section 2(d)(viii), is greater than the number of Preferred Shares being converted, then the Company shall, as soon as practicable and in no event later than fifth (5) Business Days after receipt of the Preferred Share Certificate(s) (the “Preferred Share Delivery Date”) and at its own expense, issue and deliver to the Holder a new Preferred Share Certificate representing the number of Preferred Shares not converted.

Company’s Response. Upon receipt by the Company of a copy of the fully executed Conversion Notice or upon giving a Mandatory Conversion Notice, the Company shall as soon as practicable, but in any event within two or its designated transfer agent (2) Business Days, send, via facsimile, a confirmation of receipt of such Conversion Notice to such Holder and the “Transfer Agent”), which confirmation as applicable, shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein. On or before the third within five (3rd5) Business Day business days following the date of receipt by the Company of such a copy of the fully executed Conversion Notice (or the “Share Delivery Mandatory Conversion Date”), as the Company shall (A) provided the Transfer Agent is participating in DTC Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the Holder shall be entitled to the Holder’s or its designee’s balance account with DTC through its Deposit Withdrawal Agent Commission system, or (B) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Programcase may be, issue and deliver to the address Depository Trust Company (“DTC”) account on each applicable holder's behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) as specified in the Conversion Notice, a certificate, registered in the name of the Holder each such holder or its designee, for the number of shares of Common Stock Conversion Shares to which the Holder such holder shall be entitled. Notwithstanding the foregoing to the contrary, the Company or its Transfer Agent shall only be required to issue and deliver the Conversion Shares to DTC on a holder's behalf via DWAC if (i) the Conversion Shares may be issued without restrictive legends and (ii) the Company and the Transfer Agent are participating in DTC through the DWAC system. If all of the conditions set forth in clauses (i) and (ii) above are not satisfied, the Company shall deliver physical certificates to each such holder or its designee. If the number of shares of Series A Preferred Shares represented by the Preferred Share Stock Certificate(s) submitted for conversion, as may be required pursuant to Section 2(d)(viii), conversion is greater than the number of shares of Series A-1 Preferred Shares being converted, then the Company shall, as soon as practicable and in no event later than fifth five (5) Business Days business days after receipt of the Preferred Share Stock Certificate(s) (the “Preferred Share Delivery Date”) and at its own the Company's expense, issue and deliver to the Holder applicable holder a new Preferred Share Stock Certificate representing the number of shares of Series A-1 Preferred Shares not converted.

Company’s Response. Upon receipt by the Company of copy of a Conversion Notice, the Company shall (I) as soon as practicable, but in any event within two one (21) Business DaysDay, send, via facsimile, a confirmation of receipt of such Conversion Notice to such Holder and the Transfer Agent, which confirmation shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein. On herein and (II) on or before the third (3rd) Business Trading Day following the date of receipt by the Company of such Conversion Notice Notice, (the “Share Delivery Date”), the Company shall (A) provided the Transfer Agent is participating in the DTC Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the Holder shall be entitled to the Holder’s or its designee’s balance account with DTC through its Deposit Withdrawal Agent Commission system, or (B) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer Program, issue and deliver to the address as specified in the Conversion Notice, a certificate, registered in the name of the Holder or its designee, for the number of shares of Common Stock to which the Holder shall be entitled. If the number of Preferred Shares represented by the Preferred Share Stock Certificate(s) submitted for conversion, as may be required pursuant to Section 2(d)(viii3(c)(vii), is greater than the number of Preferred Shares being converted, then the Company shall, as soon as practicable and in no event later than fifth three (53) Business Days after receipt of the Preferred Share Stock Certificate(s) (the “Preferred Share Stock Delivery Date”) and at its own expense, issue and deliver to the Holder a new Preferred Share Stock Certificate representing the number of Preferred Shares not converted.

Company’s Response. Upon receipt by the Company of a copy of a the fully executed Voluntary Conversion Notice, the Company shall as soon as practicable, but in any event within two or its designated transfer agent (2) Business Days, send, via facsimile, a confirmation of receipt of such Conversion Notice to such Holder and the “Transfer Agent”), which confirmation as applicable, shall constitute an instruction to the Transfer Agent to process such Conversion Notice in accordance with the terms herein. On or before the third within three (3rd3) Business Day business days following the date of receipt by the Company of such a copy of the fully executed Voluntary Conversion Notice (the “Share Delivery Date”), the Company shall (A) provided the Transfer Agent is participating in DTC Fast Automated Securities Transfer Program, credit such aggregate number of shares of Common Stock to which the Holder shall be entitled to the Holder’s or its designee’s balance account with DTC through its Deposit Withdrawal Agent Commission system, or (B) if the Transfer Agent is not participating in the DTC Fast Automated Securities Transfer ProgramNotice, issue and deliver to the address Depository Trust Company (“DTC”) account on the holder's behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) as specified in the Voluntary Conversion Notice, a certificate, registered in the name of the Holder holder or its designee, for the number of shares of Common Stock Conversion Shares to which the Holder holder shall be entitled. Notwithstanding the foregoing to the contrary, the Company or its Transfer Agent shall only be required to issue and deliver the shares to the DTC on a holder's behalf via DWAC if (i) the Conversion Shares may be issued without restrictive legends and (ii) the Company and the Transfer Agent are participating in DTC through the DWAC system. If all of the conditions set forth in clauses (i) and (ii) above are not satisfied, the Company shall deliver physical certificates to the holder or its designee. If the number of shares of Preferred Shares Stock represented by the Preferred Share Stock Certificate(s) submitted for conversion, as may be required pursuant to Section 2(d)(viii), conversion is greater than the number of shares of Series A Preferred Shares being converted, then the Company shall, as soon as practicable and in no event later than fifth three (53) Business Days business days after receipt of the Preferred Share Stock Certificate(s) (the “Preferred Share Delivery Date”) and at its own the Company's expense, issue and deliver to the Holder holder a new Preferred Share Stock Certificate representing the number of shares of Series A Preferred Shares not converted.