Common use of Mandatory Conversion Date Clause in Contracts

Mandatory Conversion Date. If on or after the third anniversary of the Original Issuance Date (such date as selected by the Corporation being the "Mandatory Conversion Date"), there remain issued and outstanding any shares of Series F Convertible Preferred Stock, then the Corporation shall be entitled to require all (but not less than all) holders of shares of Series F Convertible Preferred Stock then outstanding to convert their shares of Series F Convertible Preferred Stock into shares of Common Stock or, at the option of the Corporation, to buy out all such holders in cash, at the price set forth in Paragraph 5(a). The Corporation shall provide written notice (the "Mandatory Conversion Notice") to the holders of shares of Series F Convertible Preferred Stock of such mandatory conversion or such mandatory buy-out. The Mandatory Conversion Notice shall include (i) the Stated Value of the shares of Series F Convertible Preferred Stock to be converted or bought out, (ii) the Conversion Price at the Mandatory Conversion Date, and (iii) the number of shares of the Corporation's Common Stock to be issued (or the amount of cash to be paid in the event of a buy-out) upon such mandatory conversion or such mandatory buy-out at the then applicable Conversion Price. Notwithstanding the foregoing, in no event shall the Corporation convert that portion of the Series F Convertible Preferred Stock to the extent that the issuance of Common Stock upon the conversion of such Series F Convertible Preferred Stock, when combined with shares of Common Stock received upon other conversions of Series F Convertible

Mandatory Conversion Date. If on or after the third anniversary of the Original Issuance Date (such date as selected by the Corporation being the "Mandatory Conversion Date"), there remain issued and outstanding any shares of Series F G Convertible Preferred Stock, then the Corporation shall be entitled to require all (but not less than all) holders of shares of Series F G Convertible Preferred Stock then outstanding to convert their shares of Series F G Convertible Preferred Stock into shares of Common Stock or, at the option of the Corporation, to buy out all such holders in cash, at the price set forth in Paragraph 5(a). The Corporation shall provide written notice (the "Mandatory Conversion Notice") to the holders of shares of Series F G Convertible Preferred Stock of such mandatory conversion or such mandatory buy-out. The Mandatory Conversion Notice shall include (i) the Stated Value of the shares of Series F G Convertible Preferred Stock to be converted or bought out, (ii) the Conversion Price at the Mandatory Conversion Date, and (iii) the number of shares of the Corporation's Common Stock to be issued (or the amount of cash to be paid in the event of a buy-out) upon such mandatory conversion or such mandatory buy-out at the then applicable Conversion Price. Notwithstanding the foregoing, in no event shall the Corporation convert that portion of the Series F G Convertible Preferred Stock to the extent that the issuance of Common Stock upon the conversion of such Series F G Convertible Preferred Stock, when combined with shares of Common Stock received upon other conversions of Series F ConvertibleG Convertible Preferred Stock and exercise of the warrants issued in connection with the purchase of Series G Convertible Preferred Stock by such holder and any other holders of Series G Convertible Preferred Stock, would exceed 19.99% of the number of shares of Common Stock outstanding on the Original Issuance Date, or as to any individual holder, make such holder the beneficial owner of more than 5% of the Corporation's then outstanding Common Stock.

Mandatory Conversion Date. If on or after the third anniversary of the Original Issuance Date (such date as selected by the Corporation being the "Mandatory Conversion Date"), there remain issued and outstanding any shares of Series F H Convertible Preferred Stock, then the Corporation shall be entitled to require all (but not less than all) holders of shares of Series F H Convertible Preferred Stock then outstanding to convert their shares of Series F H Convertible Preferred Stock into shares of Common Stock or, at the option of the Corporation, to buy out all such holders in cash, at the price set forth in Paragraph 5(a). The Corporation shall provide written notice (the "Mandatory Conversion Notice") to the holders of shares of Series F H Convertible Preferred Stock of such mandatory conversion or such mandatory buy-buy- out. The Mandatory Conversion Notice shall include (i) the Stated Value of the shares of Series F H Convertible Preferred Stock to be converted or bought out, (ii) the Conversion Price at the Mandatory Conversion Date, and (iii) the number of shares of the Corporation's Common Stock to be issued (or the amount of cash to be paid in the event of a buy-out) upon such mandatory conversion or such mandatory buy-out at the then applicable Conversion Price. Notwithstanding the foregoing, in no event shall the Corporation convert that portion of the Series F H Convertible Preferred Stock to the extent that the issuance of Common Stock upon the conversion of such Series F H Convertible Preferred Stock, when combined with shares of Common Stock received upon other conversions of Series F ConvertibleH Convertible Preferred Stock and exercise of the warrants issued in connection with the purchase of Series H Convertible Preferred Stock by such holder and any other holders of Series H Convertible Preferred Stock, would exceed 19.99% of the number of shares of Common Stock outstanding on the Original Issuance Date, or as to any individual holder, make such holder the beneficial owner of more than 5% of the Corporation's then outstanding Common Stock.