Common use of Alternative Consideration Clause in Contracts

Alternative Consideration. Subject to the following sentence, at RSI's option, all or a portion of the consideration payable upon exercise of the 2002 Put Right may be paid by delivery of a number of shares of common stock of RSI equal to (x) the 2002 Put Price, less any cash paid pursuant to Section 7.3(b)(i) hereof, divided by (y) 98% of the volume weighted average price of a share of common stock of RSI on the NASDAQ Stock Market or other national securities exchange on which RSI's shares are then traded for the ten (10) trading days ending on the third trading day prior to the date of the 2002 Put Right Closing. RSI may pay all or a portion of the 2002 Put Price in shares of common stock of RSI only if (i) RSI's common stock is then listed on the NASDAQ Stock Market or other national securities exchange on which RSI's shares are then traded, and (ii) the shares to be issued to the 2002 Put Exercising Holder shall be eligible for immediate sale, subject to a resale registration statement under the 1933 Act being declared effective by the SEC. RSI covenants and agrees that it will file within thirty (30) days after receipt of such 2002 Put Notice and will use its best efforts to have declared effective within ninety (90) days of receipt of such 2002 Put Notice a resale registration statement for the RSI common stock issued pursuant hereto.

Alternative Consideration. Subject to the following ------------------------- sentence, at RSI's option, all or a portion of the consideration payable upon exercise of the 2002 Put Right may be paid by delivery of a number of shares of common stock of RSI equal to (x) the 2002 Put Price, less any cash paid pursuant to Section 7.3(b)(i) hereof, divided by (y) 98% of the volume weighted average price of a share of common stock of RSI on the NASDAQ Stock Market or other national securities exchange on which RSI's shares are then traded for the ten (10) trading days ending on the third trading day prior to the date of the 2002 Put Right Closing. RSI may pay all or a portion of the 2002 Put Price in shares of common stock of RSI only if (i) RSI's common stock is then listed on the NASDAQ Stock Market or other national securities exchange on which RSI's shares are then traded, and (ii) the shares to be issued to the 2002 Put Exercising Holder shall be eligible for immediate sale, subject to a resale registration statement under the 1933 Act being declared effective by the SEC. RSI covenants and agrees that it will file within thirty (30) days after receipt of such 2002 Put Notice and will use its best efforts to have declared effective within ninety (90) days of receipt of such 2002 Put Notice a resale registration statement for the RSI common stock issued pursuant hereto.

Alternative Consideration. Subject to the following sentence, at RSI's ’s option, all or a portion of the consideration payable upon exercise of the 2002 Put Right may be paid by delivery of a number of shares of common stock of RSI equal to (x) the 2002 Put Price, less any cash paid pursuant to Section 7.3(b)(i) hereof, divided by (y) 98% of the volume weighted average price of a share of common stock of RSI on the NASDAQ Stock Market or other national securities exchange on which RSI's ’s shares are then traded for the ten (10) trading days ending on the third trading day prior to the date of the 2002 Put Right Closing. RSI may pay all or a portion of the 2002 Put Price in shares of common stock of RSI only if (i) RSI's ’s common stock is then listed on the NASDAQ Stock Market or other national securities exchange on which RSI's ’s shares are then traded, and (ii) the shares to be issued to the 2002 Put Exercising Holder shall be eligible for immediate sale, subject to a resale registration statement under the 1933 Act being declared effective by the SEC. RSI covenants and agrees that it will file within thirty (30) days after receipt of such 2002 Put Notice and will use its best efforts to have declared effective within ninety (90) days of receipt of such 2002 Put Notice a resale registration statement for the RSI common stock issued pursuant hereto.