Holder’s Conversion. To convert a Preferred Share into validly issued, fully paid and non-assessable share of Common Stock, on any date (a “Conversion Date”), a Holder shall deliver (whether via email or otherwise), for receipt on or prior to 11:59 p.m., New York, N.Y. time, on such date, a copy of an executed notice of conversion of the share(s) of Preferred Shares subject to such conversion in the form attached hereto as Exhibit I (the “Conversion Notice”) to the Company. 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. The calculations and entries set forth in the Notice of Conversion shall control in the absence of manifest or mathematical error. To effect conversions of Preferred Shares, a Holder shall not be required to surrender the certificate(s) representing the Preferred Shares to the Company unless all of the Preferred Shares represented thereby are so converted, in which case, such Holder shall surrender to a nationally recognized overnight delivery service for delivery to the Company the original certificates representing the share(s) of Preferred Shares (the “Preferred Share Certificates”) so converted as aforesaid.
Appears in 2 contracts
Sources: Certificate of Designations, Preferences and Rights of the Series F 1 Convertible Preferred Stock (Eastside Distilling, Inc.), Certificate of Designations, Preferences and Rights of the Series F Convertible Preferred Stock (Eastside Distilling, Inc.)
Holder’s Conversion. To convert a Preferred Share share of Series C into validly issued, fully paid and non-assessable share of Common Stock, on any date (a “Conversion Date”), a Holder shall deliver (whether via email or otherwise), for receipt on or prior to 11:59 p.m., New York, N.Y. time, on such date, a copy of an executed notice of conversion of the share(s) of Preferred Shares Series C subject to such conversion in the form attached hereto as Exhibit I (the “Conversion Notice”) to the Company. No ink-original Conversion Notice of Conversion shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Conversion Notice of Conversion form be required. The calculations and entries set forth in the Conversion Notice of Conversion shall control in the absence of manifest or mathematical error. To effect conversions of Preferred SharesSeries C, a Holder shall not be required to physically surrender the certificate(s) representing the Preferred Shares Series C to the Company unless all of the Preferred Shares Series C represented thereby are so converted, in which case, such Holder shall surrender to a nationally recognized overnight delivery service for delivery to the Company the original certificates representing the share(s) of Preferred Shares Series C (the “Preferred Share Series C Certificates”) so converted as aforesaid.
Appears in 1 contract
Sources: Asset Purchase Agreement (Splash Beverage Group, Inc.)