Common use of Accelerated Installment Amount Clause in Contracts

Accelerated Installment Amount. Notwithstanding any provision of this Section 8 to the contrary, if the Company delivers a Company Installment Notice and confirms, or is deemed to have delivered and confirmed, in whole or in part, an Installment Conversion in accordance with Section 8(a) with respect to an Installment Date, during the applicable Installment Period, the Holder may elect, at its option and in its sole discretion, at one or more times during such Installment Period (each, an “Acceleration”, and each such election date, an “Acceleration Date”), to convert all or any portion of any applicable Acceleration Amount, in addition to any applicable Installment Conversion Amount with respect to which the Holder may elect to convert into Installment Shares pursuant to Section 8(b), into a number of shares of Common Stock equal to the quotient of (x) the applicable Acceleration Amount as of the applicable Acceleration Date divided by (y) the Installment Conversion Price then in effect on such applicable Acceleration Date (the “Acceleration Shares”), in accordance with the conversion procedures set forth in Section 3 hereunder, mutatis mutandis (with “Installment Conversion Price” replacing “Conversion Price” for all purposes hereunder with respect to such Acceleration). The Acceleration Shares to be issued to the Holder pursuant to this Section 8(e) with respect to any Installment Period shall not be credited against the Initial Installment Shares issued to the Holder on the applicable Installment Date, but rather shall be issued to the Holder in accordance with Section 3(c), but subject to Section 3(d). All Acceleration Shares shall be fully paid and nonassessable shares of Common Stock (rounded to the nearest whole share). Notwithstanding anything herein to the contrary, in the event of any partial conversion of this Note by the Holder pursuant to an Acceleration, the Principal amount converted or redeemed shall not be deducted in reverse order starting from the final Installment Amount to be paid hereunder on the final Installment Date, but rather a pro rata amount of the Principal amount converted pursuant to such Acceleration shall be deducted from each of the remaining Installment Amounts to be paid hereunder.

Accelerated Installment Amount. Notwithstanding any provision of this Section 8 to the contrary, if the Company delivers a Company Installment Notice and confirms, or is deemed to have delivered and confirmed, in whole or in part, an Installment Conversion in accordance with Section 8(a) with respect to an Installment Date, then, in each case, during the applicable Installment Period, the Holder may elect, at its option and in its sole discretion, at one or more times during such Installment Period (each, an “Acceleration”, and each such election date, an “Acceleration Date”), to convert all or any portion of any applicable Acceleration Amount, in addition to any applicable Installment Conversion Amount with respect to which the Holder may elect to convert into Installment Shares pursuant to Section 8(b), into a number of shares of Common Stock equal to the quotient of (x) the applicable Acceleration Amount as of the applicable Acceleration Date divided by (y) the Installment Conversion Price then in effect on such applicable Acceleration Date (the “Acceleration Shares”), in accordance with the conversion procedures set forth in Section 3 hereunder, mutatis mutandis (with “Installment Conversion Price” replacing “Conversion Price” for all purposes hereunder with respect to such Acceleration). The Acceleration Shares to be issued to the Holder pursuant to this Section 8(e) with respect to any Installment Period Period, as applicable, shall not be credited against the Initial Installment Shares issued to the Holder on the applicable Installment Date, but rather shall be issued to the Holder in accordance with Section 3(c), but subject to Section 3(d). All Acceleration Shares shall be fully paid and nonassessable shares of Common Stock (rounded to the nearest whole share). Notwithstanding anything herein to the contrary, in the event of any partial conversion of this Note by the Holder pursuant to an Acceleration, the Principal amount converted or redeemed shall not be deducted in reverse order starting from the final Installment Amount to be paid hereunder on the final Installment Date, but rather a pro rata amount of the Principal amount converted pursuant to such Acceleration shall be deducted from each of the remaining Installment Amounts to be paid hereunder.

Accelerated Installment Amount. Notwithstanding any provision of this Section 8 to the contrary, (i) during the period commencing December 1, 2016 and ending December 31, 2016 (the “Initial Acceleration Period”) or (ii) if the Company delivers a Company Installment Notice and confirms, or is deemed to have delivered and confirmed, in whole or in part, an Installment Conversion in accordance with Section 8(a) with respect to an Installment Date, then, in each case, during the Initial Acceleration Period or the applicable Installment Period, as applicable, the Holder may elect, at its option and in its sole discretion, at one or more times during such Initial Acceleration Period or Installment Period Period, as applicable (each, an “Acceleration”, and each such election date, an “Acceleration Date”), to convert all or any portion of any applicable Acceleration Amount, in addition to any applicable Installment Conversion Amount with respect to which the Holder may elect to convert into Installment Shares pursuant to Section 8(b), into a number of shares of Common Stock equal to the quotient of (x) the applicable Acceleration Amount as of the applicable Acceleration Date divided by (y) the Installment Conversion Price then in effect on such applicable Acceleration Date (the “Acceleration Shares”), in accordance with the conversion procedures set forth in Section 3 hereunder, mutatis mutandis (with “Installment Conversion Price” replacing “Conversion Price” for all purposes hereunder with respect to such Acceleration). The Acceleration Shares to be issued to the Holder pursuant to this Section 8(e) with respect to the Initial Acceleration Period or any Installment Period Period, as applicable, shall not be credited against the Initial Installment Shares issued to the Holder on the applicable Installment Date, but rather shall be issued to the Holder in accordance with Section 3(c), but subject to Section 3(d). All Acceleration Shares shall be fully paid and nonassessable shares of Common Stock (rounded to the nearest whole share). Notwithstanding anything herein to the contrary, in the event of any partial conversion of this Note by the Holder pursuant to an Acceleration, the Principal amount converted or redeemed shall not be deducted in reverse order starting from the final Installment Amount to be paid hereunder on the final Installment Date, but rather a pro rata amount of the Principal amount converted pursuant to such Acceleration shall be deducted from each of the remaining Installment Amounts to be paid hereunder.

Accelerated Installment Amount. Notwithstanding any provision of this Section 8 to the contrary, if regardless of whether the Company delivers a Company elected to pay the Installment Notice and confirms, or is deemed to have delivered and confirmed, in whole or in part, an Installment Conversion in accordance with Section 8(a) with respect to an Installment Date, during Amount payable on the applicable Installment PeriodDate in shares of Common Stock pursuant to a Company Conversion or in cash pursuant to a Company Redemption, the Holder may electat any time or times, at its option and in its sole discretion, at one or more times during such Installment Period deliver a written notice to the Company (each, an “Acceleration”, and each such election date, an “Acceleration Notice”) no later than the third (3rd) Business Day immediately prior to the applicable Installment Date”), electing to convert have the payment of all or any portion of any or all Installment Amount(s) scheduled to be paid on future Installment Dates after the applicable Acceleration AmountInstallment Date accelerated (such amount(s) accelerated, the “Accelerated Amount(s)”) to be paid on the applicable Installment Date, in addition to any which case, such Accelerated Amount(s) shall be added to, and become part of, the Installment Amount payable on such applicable Installment Conversion Amount with respect to which the Holder may elect to convert into Installment Shares Date and shall be payable in Common Stock pursuant to Section 8(b), into a number of shares of Common Stock equal to the quotient of Company Conversion either by (x) including such Accelerated Amount(s) in the Company Conversion Amount for the applicable Acceleration Installment Date in the event the Company elected to pay the Installment Amount as of scheduled to be paid on the applicable Acceleration Date divided by Installment Date, in whole or in part, in Common Stock pursuant to a Company Conversion or (y) creating a Company Conversion Amount for such Accelerated Amount(s) in the event the Company elected, or is required pursuant to the provisions of this Section 8, to pay the Installment Conversion Price then in effect Amount scheduled to be paid on such the applicable Acceleration Date (the “Acceleration Shares”)Installment Date, in accordance with whole or in part, in cash pursuant to a Company Redemption; provided, however, that in the conversion procedures set forth event that the Holder delivers one or more Acceleration Notices relating to an applicable Installment Date, the aggregate of the Accelerated Amounts specified in Section 3 hereunder, mutatis mutandis (with “Installment Conversion Price” replacing “Conversion Price” for all purposes hereunder Acceleration Notices with respect to such Acceleration)Installment Date shall not be greater than four (4) times the Installment Amount payable on any such applicable Installment Date, such that the amount payable on such Installment Date may equal up to five (5) times the Installment Amount. The Acceleration Shares to be issued to For the avoidance of doubt, the Holder may accelerate the Installment Amount payable on an applicable Installment Date pursuant to this Section 8(e) with respect to any one or more Installment Period shall not be credited against the Initial Installment Shares issued to the Holder on the applicable Installment Date, but rather shall be issued to the Holder in accordance with Section 3(c), but subject to Section 3(d)Dates hereunder. All Acceleration Shares shall be fully paid and nonassessable shares of Common Stock (rounded to the nearest whole share). Notwithstanding anything herein to the contrary, in the event of any partial conversion of this Note Any notice delivered by the Holder pursuant to an Acceleration, this Section 8(e) shall set forth (i) the Principal amount converted or redeemed shall Accelerated Amount(s) and (ii) the date that such Accelerated Amount should have been paid if not be deducted in reverse order starting from for the final Holder’s right to accelerate such Installment Amount to be paid hereunder on the final Installment Date, but rather a pro rata amount of the Principal amount converted Amount(s) pursuant to such Acceleration shall be deducted from each of the remaining Installment Amounts to be paid hereunderthis Section 8(e).

Accelerated Installment Amount. Notwithstanding any provision of this Section 8 to the contrary, if regardless of whether the Company delivers a Company elected to pay the Installment Notice and confirms, or is deemed to have delivered and confirmed, in whole or in part, an Installment Conversion in accordance with Section 8(a) with respect to an Installment Date, during Amount payable on the applicable Installment PeriodDate in shares of Common Stock pursuant to a Company Conversion or in cash pursuant to a Company Redemption, the Holder may electat any time or times, at its option and in its sole discretion, at one or more times during such Installment Period deliver a written notice to the Company (each, an “Acceleration”, and each such election date, an “Acceleration Notice”) no later than the third (3rd) Business Day immediately prior to the applicable Installment Date”), electing to convert have the payment of all or any portion of any or all Installment Amount(s) scheduled to be paid on future Installment Dates after the applicable Acceleration AmountInstallment Date accelerated (such amount(s) accelerated, the “Accelerated Amount(s)”) to be paid on the applicable Installment Date, in addition to any which case, such Accelerated Amount(s) shall be added to, and become part of, the Installment Amount payable on such applicable Installment Conversion Amount with respect to which the Holder may elect to convert into Installment Shares Date and shall be payable in Common Stock pursuant to Section 8(b), into a number of shares of Common Stock equal to the quotient of Company Conversion either by (x) including such Accelerated Amount(s) in the Company Conversion Amount for the applicable Acceleration Installment Date in the event the Company elected to pay the Installment Amount as of scheduled to be paid on the applicable Acceleration Date divided by Installment Date, in whole or in part, in Common Stock pursuant to a Company Conversion or (y) creating a Company Conversion Amount for such Accelerated Amount(s) in the event the Company elected, or is required pursuant to the provisions of this Section 8, to pay the Installment Conversion Price then in effect Amount scheduled to be paid on such the applicable Acceleration Date (the “Acceleration Shares”)Installment Date, in accordance with whole or in part, in cash pursuant to a Company Redemption; provided, however, that in the conversion procedures set forth event that the Holder delivers one or more Acceleration Notices relating to an applicable Installment Date, the aggregate of the Accelerated Amounts specified in Section 3 hereunder, mutatis mutandis (with “Installment Conversion Price” replacing “Conversion Price” for all purposes hereunder Acceleration Notices with respect to such Acceleration)Installment Date shall not be greater than three (3) times the Installment Amount payable on any such applicable Installment Date, such that the amount payable on such Installment Date may equal up to four (4) times the Installment Amount. The Acceleration Shares to be issued to For the avoidance of doubt, the Holder may accelerate the Installment Amount payable on an applicable Installment Date pursuant to this Section 8(e) with respect to any one or more Installment Period shall not be credited against the Initial Installment Shares issued to the Holder on the applicable Installment Date, but rather shall be issued to the Holder in accordance with Section 3(c), but subject to Section 3(d)Dates hereunder. All Acceleration Shares shall be fully paid and nonassessable shares of Common Stock (rounded to the nearest whole share). Notwithstanding anything herein to the contrary, in the event of any partial conversion of this Note Any notice delivered by the Holder pursuant to an Acceleration, this Section 8(e) shall set forth (i) the Principal amount converted or redeemed shall Accelerated Amount(s) and (ii) the date that such Accelerated Amount should have been paid if not be deducted in reverse order starting from for the final Holder’s right to accelerate such Installment Amount to be paid hereunder on the final Installment Date, but rather a pro rata amount of the Principal amount converted Amount(s) pursuant to such Acceleration shall be deducted from each of the remaining Installment Amounts to be paid hereunderthis Section 8(e).