Common use of Company’s Failure to Timely Convert Clause in Contracts

Company’s Failure to Timely Convert. If within five (5) Trading Days after the Company's receipt of a Conversion Notice the Company shall fail to issue and deliver a certificate to the Holder or credit the Holder's balance account with DTC for the number of shares of Common Stock to which the Holder is entitled upon such holder's conversion of any Conversion Amount (a “Conversion Failure”), and if on or after such Trading Day the Holder purchases (in an open market transaction or otherwise) Common Stock to deliver in satisfaction of a sale by the Holder of Common Stock issuable upon such conversion that the Holder anticipated receiving from the Company then the Company shall, within five (5) Business Days after the Holder's request and in the Holder's discretion, the Company shall be placed in Default of the Note and full payment in cash shall be due to the Holder for the full value of the Note on an as converted to common stock basis. The price at which this conversion will take place will be the average closing price of the common shares during the 20 days preceding the Default.

Appears in 4 contracts

Samples: Settlement Agreement (Cannabis Global, Inc.), Sellers Acquisition Note (McTc Holdings, Inc.), McTc Holdings, Inc.

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Company’s Failure to Timely Convert. If within five (5) Trading Days after the Company's ’s receipt of a Conversion Notice the Company shall fail to issue and deliver a certificate to the Holder or credit the Holder's ’s balance account with DTC for the number of shares of Common Stock to which the Holder is entitled upon such holder's ’s conversion of any Conversion Amount (a “Conversion Failure”), and if on or after such Trading Day the Holder purchases (in an open market transaction or otherwise) Common Stock to deliver in satisfaction of a sale by the Holder of Common Stock issuable upon such conversion that the Holder anticipated receiving from the Company then the Company shall, within five (5) Business Days after the Holder's ’s request and in the Holder's ’s discretion, the Company shall be placed in Default of the Note and full payment in cash shall be due to the Holder for the full value of the Note on an as converted to common stock basis. The price at which this conversion will take place will be the average closing price of the common shares during the 20 days preceding the Default.

Appears in 1 contract

Samples: Acquisition Agreement (Cannabis Global, Inc.)

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