Common use of Adjusted Principal Amount Clause in Contracts

Adjusted Principal Amount. The Company hereby agrees to issue to each Holder in exchange for such Holder’s Debentures, an amended and restated debenture (the “Amended and Restated Debentures”) with a principal amount equal to the Principal Amount of such Holder’s current Debenture multiplied by 1.35 minus any interest paid thereon through the date hereof. The individual principal amounts of the Amended and Restated Debentures are as set forth on Schedule A attached hereto. Other than as amended hereunder, the rights and obligations of the Holders and the Company with respect to the Amended and Restated Debentures shall be identical in all respects to the rights and obligations of the Holders and the Company with respect to the Debentures and the Underlying Shares issued and issuable pursuant to each Purchase Agreement, subject to the understanding that the Company shall have the right to effect the Amendment (as defined in Section 7 hereunder) only to the extent that it presently has not reserved sufficient authorized Common Stock underlying the Amended and Restated Debentures due to the adjustment in the conversion price for the Amended and Restated Debentures to $0.10 per share (as further set forth below). For clarity, each Purchase Agreement and all Transaction Documents thereunder are hereby amended so that the term “Debentures” includes the Amended and Restated Debentures and the term “Underlying Shares” includes the shares of Common Stock issuable upon conversion and redemption thereof, and the term “Transaction Documents” shall be amended to include this Agreement.

Adjusted Principal Amount. The Company hereby agrees to issue to each Holder Purchaser in exchange for such HolderPurchaser’s Debentures, an amended and restated debenture (the “Amended and Restated Debentures”) with a principal amount equal to the Principal Amount of such HolderPurchaser’s current Debenture multiplied by 1.35 minus any interest paid thereon through the date hereof1.15. The individual principal amounts of the Amended and Restated Debentures are as set forth on Schedule A attached hereto. Other than as amended hereunder, the rights and obligations of the Holders Purchasers and the Company with respect to the Amended and Restated Debentures shall be identical in all respects to the rights and obligations of the Holders Purchasers and the Company with respect to the Debentures and the Underlying Shares issued and issuable pursuant to each Purchase Agreement, subject to the understanding that the Company shall have the right to effect the Amendment (as defined in Section 7 hereunder) only to the extent that it presently has not reserved sufficient authorized Common Stock underlying the Amended and Restated Debentures due to the adjustment in the conversion price for the Amended and Restated Debentures to $0.10 per share (as further set forth below). For clarity, each Purchase Agreement and all Transaction Documents thereunder are hereby amended so that the term “Debentures” includes the Amended and Restated Debentures and the term “Underlying Shares” includes the shares of Common Stock issuable upon conversion and redemption thereof, and the term “Transaction Documents” shall be amended to include this Agreement.

Adjusted Principal Amount. The In consideration for the Extended Maturity Date, the Company hereby agrees to issue to each the Holder in exchange for such the Holder’s Debentures's Note, an amended and restated debenture Note (the “Amended and Restated Debentures”"AMENDED AND RESTATED NOTE") with a principal amount equal to (the Principal Amount "ADJUSTED PRINCIPAL AMOUNT") (i) as of such Holder’s current Debenture multiplied by 1.35 minus any interest paid thereon through the date hereof. The individual principal amounts , 105% of the Amended Outstanding Principal Amount (subject to reduction pursuant to Section 2) or $3,937,500; (ii) as of the 45th calendar day following the date hereof, 110% of the Outstanding Principal Amount or $4,125,000; and Restated Debentures are (iii) as set forth on Schedule A attached heretoof January 1, 2010, 115% of the Outstanding Principal Amount or $4,312,500. Other than as amended hereunder, the rights and obligations of the Holders Holder and the Company with respect to the Amended and Restated Debentures Note shall be identical in all respects to the rights and obligations of the Holders Holder and the Company with respect to the Debentures Note. Interest shall accrue on the Outstanding Principal Amount and the Underlying Shares issued and issuable Repayment Amount without adjustment pursuant to each Purchase Agreement, subject to the understanding that the Company shall have the right to effect the Amendment (as defined in this Section 7 hereunder) only to the extent that it presently has not reserved sufficient authorized Common Stock underlying the Amended and Restated Debentures due to the adjustment in the conversion price for the Amended and Restated Debentures to $0.10 per share (as further set forth below3(b). For clarity, each Purchase the Loan Agreement and all Transaction Documents thereunder are hereby amended so that the term “Debentures” "NOTE" includes the Amended and Restated Debentures Note and the term “Underlying Shares” includes the shares of Common Stock issuable upon conversion and redemption thereof, and the term “Transaction Documents” "TRANSACTION DOCUMENTS" shall be amended to include this AgreementAmendment. The Amended and Restated Note is being issued in substitution for and not in satisfaction of the outstanding Note of each Holder. Upon the written request of either the Holder or the Company, each party shall use commercially reasonable efforts to deliver the instruments representing the original Note to the Company in exchange for the Holder's Amended and Restated Note that reflect the revised terms of such securities as set forth in this Amendment.

Adjusted Principal Amount. The Company hereby agrees to issue to each Holder in exchange for such Holder’s Debentures, an amended and restated debenture (the “Amended and Restated Debentures”) with a principal amount equal to the Principal Amount of such Holder’s current Debenture multiplied by 1.35 minus any plus all outstanding and unpaid interest paid thereon through due and payable on such Debenture as of the date hereof. The individual principal amounts of the Amended and Restated Debentures are as set forth on Schedule A attached hereto. Other than as amended hereunder, the rights and obligations of the Holders and the Company with respect to the Amended and Restated Debentures shall be identical in all respects to the rights and obligations of the Holders and the Company with respect to the Debentures and the Underlying Shares issued and issuable pursuant to each Purchase Agreement, subject to the understanding that the Company shall have the right to effect the Amendment (as defined in Section 7 hereunder) only to the extent that it presently has not reserved sufficient authorized Common Stock underlying the Amended and Restated Debentures due to the adjustment in the conversion price for the Amended and Restated Debentures to $0.10 per share (as further set forth below). For clarity, each the Purchase Agreement and all Transaction Documents thereunder are hereby amended so that the term “Debentures” includes the Amended and Restated Debentures and the term “Underlying Shares” includes the shares of Common Stock issuable upon conversion and redemption thereof, and the term “Transaction Documents” shall be amended to include this Agreement. The Amended and Restated Debentures are being issued in substitution for and not in satisfaction of the outstanding Debentures of each Holder. Upon the written request of either any of the Holders or the Company, each party shall use commercially reasonable efforts to deliver the instruments representing the original Debentures to the Company in exchange for such Holder’s Amended and Restated Debenture that reflect the revised terms of such securities as set forth in this Agreement.