Common use of Status as Stockholder Clause in Contracts

Status as Stockholder. Upon submission of a Notice of Conversion by a Holder, (i) the shares covered thereby (other than the shares, if any, which cannot be issued because their issuance would exceed such Holder's allocated portion of the Reserved Amount or Maximum Share Amount) shall be deemed converted into shares of Common Stock and (ii) the Holder's rights as a Holder of such converted portion of this Debenture shall cease and terminate, excepting only the right to receive certificates for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to such Holder because of a failure by the Borrower to comply with the terms of this Debenture. Notwithstanding the foregoing, if a Holder has not received certificates for all shares of Common Stock prior to the tenth (10th) business day after the expiration of the Deadline with respect to a conversion of any portion of this Debenture for any reason, then (unless the Holder otherwise elects to retain its status as a holder of Common Stock by so notifying the Borrower) the Holder shall regain the rights of a Holder of this Debenture with respect to such unconverted portions of this Debenture and the Borrower shall, as soon as practicable, return such unconverted Debenture to the Holder or, if the Debenture has not been surrendered, adjust its records to reflect that such portion of this Debenture has not been converted. In all cases, the Holder shall retain all of its rights and remedies (including, without limitation, (i) the right to receive Conversion Default Payments pursuant to Section 1.3 to the extent required thereby for such Conversion Default and any subsequent Conversion Default and (ii) the right to have the Conversion Price with respect to subsequent conversions determined in accordance with Section 1.3) for the Borrower's failure to convert this Debenture.

Status as Stockholder. Upon submission of a Notice of Conversion by a Holder, (i) the shares covered thereby (other than the shares, if any, which cannot be issued because their issuance would exceed such Holder's allocated portion of the Reserved Amount or Maximum Share Amount) shall be deemed converted into shares of Common Stock and (ii) the Holder's rights as a Holder holder of such converted portion of this Debenture Note shall cease and terminate, excepting only the right to receive certificates for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to such Holder because of a failure by the Borrower to comply with the terms of this DebentureNote. Notwithstanding the foregoing, if a Holder has not received certificates for all shares of Common Stock prior xxxxx to the tenth (10th) sixth business day after the expiration of the Deadline Delivery Period with respect to a conversion of any portion of this Debenture Note for any reason, then (unless the Holder otherwise elects to retain its status as a holder of Common Stock by so notifying Borrower within five business days after the Borrowerexpiration of such six business day period after expiration of the Delivery Period) the Holder shall regain the rights of a Holder holder of this Debenture with respect to such unconverted portions of this Debenture Note and the Borrower shall, as soon as practicable, return such unconverted Debenture Note to the Holder or, if the Debenture has not been surrendered, adjust its records to reflect that such portion of this Debenture has not been convertedHolder. In all cases, the Holder shall retain all of its rights and remedies (including, without limitation, (i) the right to receive Conversion Default Payments pursuant to Section 1.3 to the extent required thereby for such Conversion Default and any subsequent Conversion Default and (ii) the right to have the Conversion Price with respect to subsequent conversions determined in accordance with Section 1.3) for the Borrower's failure to convert this DebentureNote.

Status as Stockholder. Upon submission of a Notice of Conversion by a Holder--------------------- Holder and the occurrence of the Conversion Date with respect thereto, (i) or upon the Effective Time of the Mandatory Conversion, the shares covered thereby (other than the shares, if any, which cannot be issued because their issuance would exceed such Holder's allocated portion of the Reserved Amount or Maximum Share Amount) shall be deemed converted into shares of Common Stock and (ii) the Holder's rights as a Holder of such converted portion shares of this Debenture Series B Preferred Stock shall cease and terminate, excepting only the right to receive certificates for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to such Holder because of a failure by the Borrower Company to comply with the terms of this DebentureCertificate of Designations. Notwithstanding the foregoing, if a Holder has not received certificates for all shares of Common Stock prior to the tenth second (10th2nd) business day Business Day after the expiration of the Deadline Delivery Period with respect to a conversion Notice of any portion Conversion of this Debenture Series B Preferred Stock for any reason, or prior to the second (2nd) Business Day after the Effective Time of the Mandatory Conversion Notice in the case of a Mandatory Conversion at the Company's Election or on or prior to the second (2nd) Business Day after the Maturity Date, then (unless the Holder otherwise elects to retain its status as a holder of Common Stock by so notifying the BorrowerStock) the Holder shall regain the rights of a Holder holder of this Debenture Series B Preferred Stock with respect to such unconverted portions shares of this Debenture Series B Preferred Stock and in the Borrower case of a Holder's Notice of Conversion the Company shall, as soon as practicable, return such unconverted Debenture shares to the Holder or, if the Debenture has not been surrendered, adjust its records to reflect that such portion of this Debenture has not been convertedHolder. In all cases, the Holder shall retain all of its rights and remedies (including, without limitation, (i1) the right to receive Conversion Default Payments pursuant to Section 1.3 to the extent required thereby for such Conversion Default and any subsequent Conversion Default and (ii) the right to have the Conversion Price with respect to subsequent conversions determined in accordance with Section 1.3) for the Borrower's failure to convert this Debenture.to

Status as Stockholder. Upon submission of a Notice of Conversion by a Holder, (i) the shares covered thereby (other than the shares, if any, which cannot be issued because their issuance would exceed such Holder's Holders allocated portion of the Reserved Amount or Maximum Share Amount) shall be deemed converted into shares of Common Stock and (ii) the Holder's rights as a Holder of such converted portion of this Debenture shall cease and terminate, excepting only the right to receive certificates for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to such Holder because of a failure by the Borrower to comply with the terms of this Debenture. Notwithstanding the foregoing, if a Holder has not received certificates for all shares of Common Stock prior to the tenth (10th) business day after the expiration of the Deadline with respect to a conversion of any portion of this Debenture for any reason, then (unless the Holder otherwise elects to retain its status as a holder of Common Stock by so notifying the Borrower) the Holder shall regain the rights of a Holder of this Debenture with respect to such unconverted portions of this Debenture and the Borrower shall, as soon as practicable, return such unconverted Debenture to the Holder or, if the lithe Debenture has not been surrendered, adjust its records to reflect that such portion of this Debenture has not been converted. In all cases, the Holder shall retain all of its rights and remedies (including, without limitation, (i) the right to receive Conversion Default Payments pursuant to Section 1.3 to the extent required thereby for such Conversion Default and any subsequent Conversion Default and (ii) the right to have the Conversion Price with respect to subsequent conversions determined in accordance with Section 1.3) for the Borrower's failure to convert this Debenture.

Status as Stockholder. Upon submission of a Notice of Conversion by a Holder--------------------- Holder and the occurrence of the Conversion Date with respect thereto, (i) or upon the Effective Time of the Mandatory Conversion, the shares covered thereby (other than the shares, if any, which cannot be issued because their issuance would exceed such Holder's allocated portion of the Reserved Amount or Maximum Share Amount) shall be deemed converted into shares of Common Stock and (ii) the Holder's rights as a Holder of such converted portion shares of this Debenture Series A Preferred Stock shall cease and terminate, excepting only the right to receive certificates for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to such Holder because of a failure by the Borrower Company to comply with the terms of this DebentureCertificate of Designations. Notwithstanding the foregoing, if a Holder has not received certificates for all shares of Common Stock prior to the tenth second (10th2nd) business day Business Day after the expiration of the Deadline Delivery Period with respect to a conversion Notice of any portion Conversion of this Debenture Series A Preferred Stock for any reason, or prior to the second (2nd) Business Day after the Effective Time of the Mandatory Conversion Notice in the case of a Mandatory Conversion at the Company's Election or on or prior to the second (2nd) Business Day after the Maturity Date, then (unless the Holder otherwise elects to retain its status as a holder of Common Stock by so notifying the BorrowerStock) the Holder shall regain the rights of a Holder holder of this Debenture Series A Preferred Stock with respect to such unconverted portions shares of this Debenture Series A Preferred Stock and in the Borrower case of a Holder's Notice of Conversion the Company shall, as soon as practicable, return such unconverted Debenture shares to the Holder or, if the Debenture has not been surrendered, adjust its records to reflect that such portion of this Debenture has not been convertedHolder. In all cases, the Holder shall retain all of its rights and remedies (including, without limitation, (i1) the right to receive Conversion Default Payments pursuant to Section 1.3 V.A to the extent required thereby for such Conversion Default and any subsequent Conversion Default and (ii2) the right to have the Conversion Price with respect to subsequent conversions determined in accordance with Section 1.3XII.F, to the extent applicable) for the BorrowerCompany's failure to convert this DebentureSeries A Preferred Stock. Upon receipt of the aggregate Redemption Payment for the shares of Series A Preferred Stock covered by a Redemption Notice, the shares covered thereby shall be redeemed and the Holder's rights as a Holder of such redeemed shares shall cease and terminate.