Common use of Notice to Holders Clause in Contracts

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iii) or (iv) of Section 3.1(a), the Company shall give notice to the Registered Holder, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iiii) or through (ivv) of Section 3.1(a), the Company shall give notice to the Registered Holder, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iii) or (iv) of Section 3.1(aParagraphs 8.1(e), the Company shall give notice to the Registered Holder, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price Note Conversion Price, as applicable, and the number, kind or class of shares or other securities or property which shall be deliverable or purchasable upon exercise the occurrence of such action or deliverable upon Conversion of this WarrantNote. In the case of any action which that would require the fixing of a record date, such notice shall be given at least 10 fifteen (15) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 twenty (20) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iii) or (iv) of Section SECTION 3.1(a), the Company shall give notice to the Registered Holder, in the manner set forth in Section SECTION 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iii) or (iv) of Section 3.1(a), the Company shall give notice to the Registered Holderholder of this Warrant, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iiii) or through (ivv) of Section 3.1(a3.l(a), the Company shall give notice to the Registered Holder, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (i) (but only if the action of the type described in clause (i) would result in an adjustment in the Initial Conversion Price), (iii) or (iv) of Section 3.1(a)5.1.5, or described in Section 5.1.11, the Company shall give notice to each holder of the Registered HolderNotes, in the manner set forth in Section 6.65.1.7, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Initial Conversion Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise conversion of this Warrantthe Note. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iiii), (ii) or (iviii) of Section 3.1(a4.1(a), the Company shall give notice to the Registered Holderregistered holder of this Warrant, in the manner set forth in Section 6.67.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iii) ), (iv), or (ivv) of Section 3.1(a), the Company shall give notice to the Registered Holderholder of this Warrant, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In If the event the Company shall propose Corporation proposes to take any action of the type described in clause (iiiSection 5(e)(i) or (iv) of Section 3.1(aii), the Company shall Corporation will give notice to the Registered Holdereach holder of shares of Series A Preferred Stock, in the manner set forth in Section 6.65(f), which notice shall will specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall will also set forth such facts with respect thereto as shall will be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Conversion Price and the number, kind kind, or class of shares or other securities or property which shall will be deliverable upon exercise conversion of this Warrantshares of Series A Preferred Stock. In the case of any action which would require the fixing of a record date, such notice shall will be given at least 10 ten days prior to the date so fixed, and in case of all other action, such notice shall will be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall will not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iiiii) or (iviii) of Section 3.1(a), the Company shall give notice to the Registered Holder, in the manner set forth in Section 6.65.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 20 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 25 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause Sections 3(f), (iii) g), (h), or (iv) of Section 3.1(ai), the Company shall give notice to the Registered Holder, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Offering Price or the Note Conversion Price, as applicable, and the number, kind or class of shares or other securities or property which shall be deliverable or purchasable upon exercise the occurrence of such action or deliverable upon conversion of this WarrantNote. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 fifteen (15) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 twenty (20) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iiiSection 3.1(a)(i) or (ivii) (but only if the action of the type described in such clauses or (v) of Section 3.1(a)), the Company shall give notice to the Registered Holderholder of this Warrant, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause Section 8 (iiiA) or (iv) of Section 3.1(a), the Company shall give notice to the Registered Holder, each Holder in the manner set forth in Section 6.6subparagraph 8 (B) , which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Conversion Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise conversion of this WarrantDebenture. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iiiii), (iv) or (ivv) of Section 3.1(a13.4(a), the Company shall give notice to each Holder of the Registered HolderNotes, in the manner set forth in Section 6.613.4(b), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Conversion Price and the number, kind or class of shares or other securities or property which shall be deliverable or purchasable upon exercise the occurrence of this Warrantsuch action or deliverable upon conversion of the Notes. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days 5 Business Days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days 10 Business Days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause Section 7(d)(i), (ii), (iii) ), or (iv) of Section 3.1(a), the Company shall give notice to the Registered Holder, each holder of shares of Preferred Stock affected by such action in the manner set forth in this Section 6.67(f), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Conversion Price and the number, kind or class of shares or other securities or property which shall be deliverable or purchasable upon exercise the occurrence of this Warrantsuch action or deliverable upon conversion of shares of Preferred Stock. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten days prior to the date so fixed, and in the case of all any other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iii) ), (iv, or (ivv) of Section 3.1(a3. l(a), the Company shall give notice to the Registered Holderholder of this Warrant, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixedfaxed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iii) or (iv) of Section 3.1(a), the Company shall give notice to the Registered Holder, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 20 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 25 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iii) iv), (v), or (ivvi) of Section 3.1(a), the Company shall give notice to the Registered Holderholder of this Warrant, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company Corporation shall propose to take any action of the type described in clause Section 8 (iiiA) or (iv) of Section 3.1(a), the Company Corporation shall give notice to the Registered Holder, each Holder in the manner set forth in Section 6.6subparagraph 8 (B) , which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Conversion Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise conversion of this WarrantDebenture. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (ii), (iii), (iv), (v) or (ivvi) of Section 3.1(a), the Company shall give notice to the Registered Holderholder of this Warrant, in the manner set forth in Section 6.63.1(b), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable or purchasable upon the occurrence of such action or deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 30 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 30 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iiiSection 3.1(a)(i) or (ivii) (but only if the action of the type described in such clauses or (v) of Section 3.1(a), the Company shall give notice to the Registered Holderholder of this Warrant, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company Corporation shall propose to take any action of the type described in clause (iii) or (iv) of this Section 3.1(a)5, the Company Corporation shall give notice to the Registered Holder, each holder of shares of Series B Preferred Stock in the manner set forth in Section 6.65(k), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Conversion Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise conversion of this Warrantshares of Series B Preferred Stock. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten calendar days prior to the date so fixed, and in the case of all other action, such notice shall be given at least 15 calendar days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company Corporation shall propose to take any action of the type described in clause (iiii), (ii) or (iviii) of Section 3.1(asubparagraph 3(g), the Company Corporation shall give notice to the Registered Holdereach holder of shares of Preferred Stock, in the manner set forth in Section 6.6subparagraph 3(h), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price Conversion Ratio and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise conversion of this Warrantshares of Preferred Stock. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take ----------------- any action of the type described in clause (iii) or (iv) of Section 3.1(a), the Company shall give notice to the Registered Holderholder of this Warrant, in the manner set forth in Section 6.6, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.

Notice to Holders. In the event the Company shall propose to take any action of the type described in clause (iiii) or through (ivv) of Section 3.1(a), the Company shall give notice to the Registered Holder, in the manner set forth in Section 6.6, which notice shall specify specific the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth such facts with respect thereto as shall be reasonably necessary to indicate the effect of such action (to the extent such effect may be known at the date of such notice) on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.