Common use of Void Conversion Notice Clause in Contracts

Void Conversion Notice. If for any reason a Holder has not received all of its Conversion Shares prior to the tenth (10th) Business Day after the Conversion Share Delivery Date with respect to a conversion of a Note or, in the case of Excess Conversion Shares in respect of conversion of a Series A Note, has not received all of the Cash Settlement Amount by the due date therefor (a “Conversion Failure”), or if the Cash Settlement Period terminates at any time that a Cash Settlement Amount remains unpaid (regardless of whether it is then due), then such Holder, upon written notice to the Company by facsimile or electronic mail (a “Void Conversion Notice”), may void its Conversion Notice with respect to, and retain or have returned, as the case may be, any portion of the Note that has not been converted pursuant to such Holder’s Conversion Notice or, in the case of Excess Conversion Shares in respect of conversion of a Series A Note, with respect to which a Cash Settlement Amount has not been paid, and the Company shall promptly notify the Trustee and the Conversion Agent of such Void Conversion Notice and shall instruct the return of the Notes to the applicable Holder in a Company Order (or cause the reissuance of the Notes to the extent such Notes have been cancelled); provided, that the voiding of such Holder’s Conversion Notice shall not affect the Company’s obligations to make any payments that have accrued prior to the date of such Void Conversion Notice pursuant to Section 14.02(f)(i). Notwithstanding anything to the contrary contained herein (including Section 14.02(c)), in the event that such Holder delivers a Void Conversion Notice in respect of the conditions giving rise to such Conversion Failure, such Conversion Failure shall thereafter not constitute an Event of Default hereunder.

Void Conversion Notice. If for any reason a the Holder has not received all of its Conversion the Shares prior to the tenth (10th) Business Day after the Conversion Share Delivery Date with respect to a conversion of a Note or, in the case of Excess Conversion Shares in respect of conversion of a Series A this Note, has not received all of then the Cash Settlement Amount by the due date therefor (a “Conversion Failure”), or if the Cash Settlement Period terminates at any time that a Cash Settlement Amount remains unpaid (regardless of whether it is then due), then such Holder, upon written notice to the Company by facsimile or electronic mail Issuer (a “Void Conversion Notice”), may void its Conversion Notice with respect to, and retain or have returned, as the case may be, any portion of the this Note that has not been converted pursuant to such the Holder’s Conversion Notice; provided that the voiding of the Holder’s Conversion Notice orwill not affect the Issuer’s obligations to make any payments that have accrued prior to the date of such notice pursuant to Section 3(d)(i) or otherwise; provided further that, in such conversion is not the case of Excess Conversion Shares in respect of conversion subject of a Series A Note, with respect bona fide dispute that is subject to which a Cash Settlement Amount has not been paidand being resolved pursuant to, and in compliance with the Company shall promptly notify time periods and other provisions of, the Trustee dispute resolution provisions of Section 3(c)(iii), and provided the Shares are delivered to the Holder within one Business Day of the resolution of such bona fide dispute. Upon delivery of a Void Conversion Agent of Notice, cash amounts will stop accruing under Section 3(d)(i) on the Shares subject to such Void Conversion Notice and shall instruct the return of the Notes to the applicable Holder in a Company Order (or cause the reissuance of the Notes to the extent such Notes have been cancelled); providedNotice, provided that the voiding of such the Holder’s Conversion Notice shall will not affect the CompanyIssuer’s obligations to make any payments that have accrued prior to the date of such Void Conversion Notice pursuant to Section 14.02(f)(i). Notwithstanding anything to the contrary contained herein (including Section 14.02(c)), in the event that such Holder delivers a Void Conversion Notice in respect of the conditions giving rise to such Conversion Failure, such Conversion Failure shall thereafter not constitute an Event of Default hereunder3(d)(i) or otherwise.