Common use of The Conversion Clause in Contracts

The Conversion. (a) Upon the terms and subject to the conditions of this Agreement, at the Closing, the Company shall cause to be filed with the Secretary of State of the State of Delaware (i) a certificate of conversion in the form of Exhibit A attached hereto (the “Certificate of Conversion”) providing for the Conversion, and (ii) a certificate of incorporation of ServiceSource in the form of Exhibit B attached hereto (the “Certificate of Incorporation”). The Conversion shall become effective at the time of the filing of the Certificate of Conversion (and the Certificate of Conversion will specify that the Conversion shall be effective immediately upon its filing) as provided under the DGCL (the “Conversion Effective Time”), which Conversion Effective Time shall occur at least two hours prior to the Effectiveness of the Registration Statement. References to the Company from and after the Conversion Effective Time shall mean ServiceSource. It is acknowledged and agreed that the Conversion shall be conducted in accordance with Delaware Law and terms of that certain Limited Liability Company Agreement of the Company, dated as of July 29, 2009 (as amended or otherwise modified from time to time, the “Company LLC Agreement”).

The Conversion. (a) Upon the terms and subject to the conditions of this Agreement, at the Closing, the Company shall cause to be filed with the Secretary of State of the State of Delaware (i) a certificate of conversion in the form of Exhibit A attached hereto (the “Certificate of Conversion”) providing for the Conversion, and (ii) a certificate of incorporation of ServiceSource NantHealth in the form of Exhibit B attached hereto (the “Certificate of Incorporation”). The Conversion shall become effective at the time of the filing of the Certificate of Conversion (and the Certificate of Conversion will specify that the Conversion shall be effective immediately upon its filing) as provided under the DGCL (the “Conversion Effective Time”), which Conversion Effective Time shall occur at least two hours prior to the Effectiveness of the Registration Statement. References to the Company from and after the Conversion Effective Time shall mean ServiceSourceNantHealth. It is acknowledged and agreed that the Conversion shall be conducted in accordance with Delaware Law and terms of that certain Ninth Amended and Restated Limited Liability Company Agreement of the Company, dated as of July 29January 1, 2009 2016 (as amended or otherwise modified from time to time, the “Company LLC Agreement”).

The Conversion. (a) Upon the terms and subject to the conditions of this Agreement, at the Closing, the Company shall cause to be filed with the Secretary of State of the State of Delaware (i) a certificate of conversion in the form of Exhibit A attached hereto (the “Certificate of Conversion”) providing for the Conversion, and (ii) a certificate of incorporation of ServiceSource Gigamon in the form of Exhibit B attached hereto (the “Certificate of Incorporation”). The Conversion shall become effective at the time of the filing of the Certificate of Conversion (and the Certificate of Conversion will specify that the Conversion shall be effective immediately upon its filing) as provided under the DGCL (the “Conversion Effective Time”), which Conversion Effective Time shall occur at least two hours prior to the Effectiveness of the Registration Statement. References to the Company from and after the Conversion Effective Time shall mean ServiceSourceGigamon. It is acknowledged and agreed that the Conversion shall be conducted in accordance with Delaware Law and terms of that certain Restated Limited Liability Company Agreement of the Company, dated as of July 29January 20, 2009 2010 (as amended or otherwise modified from time to time, the “Company LLC Agreement”).