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) shall be deemed converted into shares of Common Stock and (ii) the Holder’s rights as a Holder of such converted portion of this 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 Note. 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 Note 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 Note with respect to such unconverted portions of this Note and the Borrower shall, as soon as practicable, return such unconverted Note to the holder or, if the Note has not been surrendered, adjust its records to reflect that such portion of this Note has not been converted. In all cases, the Holder shall retain all of its rights and remedies under or related to this Note.

Status as Stockholder. Upon submission of a Notice of Conversion by a the Holder, (i) the shares covered thereby (other than the shares, if any, which cannot be issued because their issuance would exceed such the Holder’s 's allocated portion of the Reserved Amount) shall be deemed converted into shares of Common Stock and (ii) the Holder’s 's rights as a Holder holder of such converted portion of this 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 the Holder because of a failure by the Borrower to comply with the terms of this Note. Notwithstanding the foregoing, if a the Holder has not received certificates for all shares of Common Stock prior to the tenth Sixth (10th6th) business day after the expiration of the Deadline Delivery Period with respect to a conversion of any portion of this Note for any reason, then (unless the Holder otherwise elects to retain its status as a holder of Common Stock by so notifying the Borrower), Borrower within five business days after the expiration of such six business day period after expiration of the Delivery Period) the Holder shall regain the rights of a Holder of this Note with respect to such unconverted portions holder of this Note and the Borrower shall, as soon as practicable, return such unconverted Note to the holder or, if the Note has not been surrendered, adjust its records to reflect that such portion of this Note has not been convertedHolder. In all cases, the Holder shall retain all of its rights and remedies under or related for the Borrower's failure to convert this Note.

Status as Stockholder. Upon submission of a Notice of Conversion by a HolderLender, (iA) the shares covered thereby (other than the shares, if any, which cannot be issued because their issuance would exceed such HolderLender’s allocated portion of the Reserved Amount or Maximum Share Amount) shall be deemed converted into shares of Common Stock and (iiB) the HolderLender’s rights as a Holder Lender of such converted portion of this such 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 Lender because of a failure by the Borrower to comply with the terms of this such Note. Notwithstanding the foregoing, if a Holder Lender has not received certificates for all shares of Common Stock prior to the tenth third (10th3rd) business day after the expiration of the Deadline with respect to a conversion of any portion of this such Note for any reason, then (unless the Holder Lender otherwise elects to retain its status as a holder Lender of Common Stock by so notifying the Borrower), ) the Holder Lender shall regain the rights of a Holder Lender of this such Note with respect to such unconverted portions of this such Note and the Borrower shall, as soon as practicable, return such unconverted Note to the holder Lender or, if the Note has not been surrendered, adjust its records to reflect that such portion of this such Note has not been converted. In all cases, the Holder Lender shall retain all of its rights and remedies under or related for the Borrower’s failure to this Noteconvert such Note Including ability to rescind the Notice if delivery is not made in a timely manner.