Common use of Pro Rata Conversion; Disputes Clause in Contracts

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one holder of Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of the Notes submitted for conversion, the Company, subject to Section 3(d), shall convert from each holder of Notes electing to have Notes converted on such date a pro rata amount of such holder’s portion of its Notes submitted for conversion based on the principal amount of Notes submitted for conversion on such date by such holder relative to the aggregate principal amount of all Notes submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 22.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from the Holder and one or more than one holder of Other Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of this Note and/or the Other Notes submitted for conversion, the Company, subject to Section 3(d), shall convert from the Holder and each holder of Other Notes electing to have Notes converted on such date date, a pro rata amount of such holder’s 's portion of the Note and its Other Notes submitted for conversion based on the principal Principal amount of this Note and principal amounts of the Other Notes submitted for conversion on such date by such holder relative to the aggregate principal Principal amount of this Note and all Other Notes submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2223.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from this Note and one or more than one holder of Other Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of this Note and the Other Notes submitted for conversion, the Company, subject to Section 3(d), shall convert from the Holder and each holder of Other Notes electing to have this Note or the Other Notes converted on such date a pro rata amount of such holder’s portion of the Note and its Other Notes submitted for conversion based on the principal Principal amount of this Note and the Other Notes submitted for conversion on such date by such holder relative to the aggregate principal Principal amount of this Note and all Other Notes submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2226.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from the Holder and one or more than one holder of Other Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of this Note and/or the Other Notes submitted for conversion, the Company, subject to Section 3(d), shall convert from the Holder and each holder of Other Notes electing to have Notes converted on such date date, a pro rata amount of such holder’s portion of the Note and its Other Notes submitted for conversion based on the principal Principal amount of this Note and principal amounts of the Other Notes submitted for conversion on such date by such holder relative to the aggregate principal Principal amount of this Note and all Other Notes submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2223.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from this Note and one or more than one holder holders of Other Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of this Note and the Other Notes submitted for conversion, the Company, subject to Section 3(d), shall convert from the Holder and each holder of Other Notes electing to have this Note or the Other Notes converted on such date a pro rata amount of such holder’s portion of the Note and its Other Notes submitted for conversion based on the principal Principal amount of this Note and the Other Notes submitted for conversion on such date by such holder relative to the aggregate principal Principal amount of this Note and all Other Notes submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 22dispute.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from the Holder and one or more than one holder of Other Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of this Note and/or the Other Notes submitted for conversion, the Company, subject to Section 3(d), shall convert from the Holder and each holder of Other Notes electing to have Notes converted on such date date, a pro rata amount of such holder’s portion of the Note and its Other Notes submitted for conversion based on the principal Principal amount of this Note and principal amounts of the Other Notes submitted for conversion on such date by such holder relative to the aggregate principal Principal amount of this Note and all Other Notes submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2224.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one holder Holder of Notes Series 2 Debentures for the same Conversion Date and the Company can convert some, but not all, of such portions of the Notes Series 2 Debentures submitted for conversion, the Company, subject to Section 3(d), shall convert from each holder Holder of Notes Series 2 Debentures electing to have Notes Series 2 Debentures converted on such date a pro rata amount of such holderHolder’s portion of its Notes Series 2 Debentures submitted for conversion based on the principal amount of Notes Series 2 Debentures submitted for conversion on such date by such holder Holder relative to the aggregate principal amount of all Notes Series 2 Debentures submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this NoteSeries 2 Debenture, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute shall be resolved in accordance with Section 2223.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one holder of Notes Debentures for the same Conversion Date and the Company can convert some, but not all, of such portions of the Notes Debentures submitted for conversion, the Company, subject to Section 3(d), shall convert from each holder of Notes Debentures electing to have Notes Debentures converted on such date a pro rata amount of such holder’s portion of its Notes Debentures submitted for conversion based on the principal amount of Notes Debentures submitted for conversion on such date by such holder relative to the aggregate principal amount of all Notes Debentures submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this NoteDebenture, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2223, and failure to convert the amount in dispute shall not constitute a default during pendency of dispute.

Pro Rata Conversion; Disputes. In the event that the -------------------------------- Company receives a Conversion Notice from more than one holder of Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of the Notes submitted for conversionConversion, the Company, subject to Section 3(d), shall convert from each holder of Notes electing to have Notes converted on such date a pro rata amount of such holder’s 's portion of its Notes submitted for conversion Conversion based on the principal amount of Notes submitted for conversion Conversion on such date by such holder relative to the aggregate principal amount of all Notes submitted for conversion Conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion Conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2224.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one holder Holder of Notes Series 1 Debentures for the same Conversion Date and the Company can convert some, but not all, of such portions of the Notes Series 1 Debentures submitted for conversion, the Company, subject to Section 3(d), shall convert from each holder Holder of Notes Series 1 Debentures electing to have Notes Series 1 Debentures converted on such date a pro rata amount of such holderHolder’s portion of its Notes Series 1 Debentures submitted for conversion based on the principal amount of Notes Series 1 Debentures submitted for conversion on such date by such holder Holder relative to the aggregate principal amount of all Notes Series 1 Debentures submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this NoteSeries 1 Debenture, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute shall be resolved in accordance with Section 2223.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from the Holder and one or more than one holder of Other Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of this Note and/or the Other Notes submitted for conversion, the Company, subject to Section 3(d), shall convert from the Holder and each holder of Other Notes electing to have Notes converted on such date date, a pro rata amount of such holder’s portion of the Note and its Other Notes submitted for conversion based on the principal Principal amount of this Note and principal amounts of the Other Notes submitted for conversion on such date by such holder relative to the aggregate principal Principal amount of this Note and all Other Notes submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 22.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one holder of Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of the Notes submitted for conversion, the Company, subject to Section 3(d)8, shall convert from each holder of Notes electing to have Notes converted on such date a pro rata amount of such holder’s portion of its Notes submitted for conversion based on the principal amount of Notes submitted for conversion on such date by such holder relative to the aggregate principal amount of all Notes submitted for conversion on such date; provided, however, that nothing in this Section 3(c)(iv) shall be deemed to release the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issuedfrom any such failure to convert. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2224.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from more than one holder of Convertible Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of the Convertible Notes submitted for conversion, the Company, subject to Section 3(d), shall convert from each holder of Convertible Notes electing to have Convertible Notes converted on such date a pro rata amount of each such holder’s portion of its Convertible Notes submitted for conversion based on the principal amount of Convertible Notes submitted for conversion on such date by such holder relative to the aggregate principal amount of all Convertible Notes submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Class A Common Stock issuable to the Holder in connection with a conversion of this Convertible Note, the Company shall issue to the Holder the number of shares of Class A Common Stock not in dispute and resolve such dispute in accordance with Section 2224.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from the Holder of this Note and one or more than one holder holders of Other Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of this Note and the Other Notes submitted for conversion, the Company, subject to Section 3(d), shall convert from the Holder and each holder of Other Notes electing to have this Note or the Other Notes converted on such date a pro rata amount of such holder’s 's portion of the Note and its Other Notes submitted for conversion based on the principal Principal amount of this Note and the Other Notes submitted for conversion on such date by such holder relative to the aggregate principal Principal amount of this Note and all Other Notes submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 2224.

Pro Rata Conversion; Disputes. In the event that the Company receives a Conversion Notice from this Note and one or more than one holder of Other Notes for the same Conversion Date and the Company can convert some, but not all, of such portions of this Note and the Other Notes submitted for conversion, the Company, subject to Section 3(d), shall convert from the Holder and each holder of Other Notes electing to have this Note or the Other Notes converted on such date a pro rata amount of such holder’s portion of the Note and its Other Notes submitted for conversion based on the principal Principal amount of this Note and the Other Notes submitted for conversion on such date by such holder relative to the aggregate principal Principal amount of this Note and all Other Notes submitted for conversion on such date; provided, the Company shall also comply with the provisions of Section 3(a) in respect of fractional shares that would otherwise be issued. In the event of a dispute as to the number of shares of Common Stock issuable to the Holder in connection with a conversion of this Note, the Company shall issue to the Holder the number of shares of Common Stock not in dispute and resolve such dispute in accordance with Section 22.