Common use of Amortization Payments Clause in Contracts

Amortization Payments. On March 9, 2018 and on the 9th day of each subsequent month through the Maturity Date (each an “Amortization Payment Date”), the Holder may redeem one-twelfth (1/12th) of the face amount of this Note and the guaranteed interest on such redeemed face amount(each, an “Amortization Payment”), in accordance with the attached Amortization Schedule (Appendix A). Each Amortization Payment shall, at the option of the Company, (i) be made in cash in an amount equal to 1.05 multiplied by the Amortization Payment (the “Cash Amortization Payment Rate”) or, (ii) subject to the Company complying with the Equity Conditions, be made in Common Stock, in whole or in part at the sole discretion of the Holder, by applying the Amortization Conversion Price as of the date of issuance of the Common Stock. In the event that the Holder is receiveing any Amortization Payment in the form of Common Stock, the Common Stock issuable in satisfaction of such Amortization Payment will not be issued until such time as the Holder has requested such issuance, and the Amortization Conversion Price will be applied as of the date of such request by the Holder for issuance of Common Stock. The Holder may request an unlimited amount of issuances of Common Stock as partial payment totaling the sum of such Amotization Payment. Notwithstanding the foregoing, the Holder may, (i) by delivering written notice to the Company at least ten (10) Trading Days prior to an Amortization Payment Date (the “Acceleration Notice”), require that up to a total of three (3) Amortization Payments be made on such Amortization Payment Date (including the Amortization Payment scheduled to be made on such Amortization Payment Date), each of which Amortization Payments severally shall be payable, at the option of the Company, in cash at the Cash Amortization Payment Rate or, subject to the Company complying with the Equity Conditions, in Common Stock by applying the Amortization Conversion Price or (ii) in Holder’s sole discretion, the Holder may at any time after an Amortization Payment Date, require that up to two (2) additional Amortization Payments be made, provided that the entire amount of such two additional Amortization Payments will be made in Common Stock, in such amounts and at such times as the Holder will request in the Holder’s sole discretion, by applying the applicable Amortization Conversion Price at the time of issuance, in accordance with the foregoing. The Holder may exercise its rights set forth in the preceding sentence with respect to an unlimited number of Amortization Payment Dates, until all Amortization Payments have been made, and any Amortization Payment or Payments for which payment is accelerated pursuant to the preceding sentence shall be deemed to apply to the latest Amortization Payment Date or Dates in the attached Amortization Schedule (Appendix A) for which Amortization Payments have not been previously made.

Amortization Payments. On March 9, 2018 and on the 9th day of each subsequent month through the Maturity Date (each an “Amortization Payment Date”), the Holder may redeem one-twelfth (1/12th) of the face amount of this Note and the guaranteed interest on such redeemed face amount(eachamount (each, an “Amortization Payment”), in accordance with the attached Amortization Schedule (Appendix A). Each Amortization Payment shall, at the option of the Company, (i) be made in cash in an amount equal to 1.05 multiplied by the Amortization Payment (the “Cash Amortization Payment Rate”) or, (ii) subject to the Company complying with the Equity Conditions, be made in Common Stock, in whole or in part at the sole discretion of the HolderCompany, by applying the Amortization Conversion Price as of the date of issuance of the Common Stock. In the event that the Holder is receiveing receiving any Amortization Payment in the form of Common Stock, the Common Stock issuable in satisfaction of such Amortization Payment will not be issued until such time as the Holder has requested such issuance, and the Amortization Conversion Price will be applied as of the date of such request by the Holder for issuance of Common Stock. The Holder may request an unlimited amount of issuances of Common Stock as partial payment totaling the sum of such Amotization Amortization Payment. Notwithstanding the foregoing, the Holder may, (i) by delivering written notice to the Company at least ten (10) Trading Days prior to an Amortization Payment Date (the “Acceleration Notice”), require that up to a total of three (3) Amortization Payments be made on such Amortization Payment Date (including the Amortization Payment scheduled to be made on such Amortization Payment Date), each of which Amortization Payments severally shall be payable, at the option of the Company, in cash at the Cash Amortization Payment Rate or, subject to the Company complying with the Equity Conditions, in Common Stock by applying the Amortization Conversion Price or (ii) in Holder’s sole discretion, the Holder may at any time after an Amortization Payment Date, require that up to two (2) additional Amortization Payments be made, provided that the entire amount of such two additional Amortization Payments will be made made, at the option of the Company, in cash in an amount equal to 1.05 multiplied by the Cash Amortization Payment Rate or in Common Stock, in such amounts and at such times as the Holder will request in the Holder’s sole discretion, by applying the applicable Amortization Conversion Price at the time of issuance, in accordance with the foregoing. The Holder may exercise its rights set forth in the preceding sentence with respect to an unlimited number of Amortization Payment Dates, until all Amortization Payments have been made, and any Amortization Payment or Payments for which payment is accelerated pursuant to the preceding sentence shall be deemed to apply to the latest Amortization Payment Date or Dates in the attached Amortization Schedule (Appendix A) for which Amortization Payments have not been previously made.”

Amortization Payments. On March 9Starting on June 3, 2018 2015 and continuing on the third day of each of the following eleven (11) successive months thereafter (each, an "Amortization Payment Date"), Borrower shall make payments (each, an "Amortization Payment") in the amount and on the 9th day of each subsequent month through date set forth on the Maturity Date (each an “Amortization Payment Date”), the Holder may redeem one-twelfth (1/12th) of the face amount of this Note and the guaranteed interest on such redeemed face amount(each, an “Amortization Payment”), in accordance with the attached Amortization Schedule (Appendix A). attached as Exhibit B. Each Amortization Payment shall, at the option of the CompanyBorrower, (i) be made in cash in an amount equal to 1.05 multiplied by the Amortization Payment (the “Cash Amortization Payment Rate”) orcash, (ii) subject to the Company complying with Prepayment Premium, or in Conversion Shares, subject to the Equity Conditions, be made in Common Stock, in whole or in part at the sole discretion of the Holder, by applying the Amortization Conversion Price as Rate (each such conversion of an Amortization Payment into Conversion Shares, an "Amortization Conversion"). Notwithstanding any provision in this Note to the date of issuance of the Common Stock. In the event that the Holder is receiveing contrary, Borrower will not be required to make any Amortization Payment in to the form of Common Stock, the Common Stock issuable in satisfaction of extent any such Amortization Payment would result in Borrower making aggregate Amortization Payments in an amount greater than the Outstanding Balance. The Outstanding Balance of this Note will be due and payable on the Maturity Date and may be paid in cash, or, in Borrower's discretion, in Conversion Shares (subject to the Equity Conditions). For the avoidance of doubt, Xxxxxxxx will not be issued until such time as have the Holder has requested such issuance, and the right to make an Amortization Conversion Price will be applied as of if the date of such request Equity Conditions are not satisfied in full or waived in writing by the Holder for issuance of Common Stock. The Holder may request an unlimited amount of issuances of Common Stock as partial payment totaling the sum of such Amotization Lender with respect to each Amortization Payment. Notwithstanding If Borrower elects to make an Amortization Conversion, Borrower must deliver on the foregoing, the Holder may, (i) by delivering written notice to the Company at least ten (10) Trading Days prior to an Amortization Payment Date (i) a certificate representing the “Acceleration Notice”)applicable number of Conversion Shares, require that up to a total of three (3) Amortization Payments be made on such Amortization Payment Date (including the Amortization Payment scheduled to be made on such Amortization Payment Date), each of which Amortization Payments severally shall be payable, at the option of the Company, in cash at the Cash Amortization Payment Rate or, subject to the Company complying with the Equity Conditions, in Common Stock by applying the Amortization Conversion Price or and (ii) a notice detailing how Borrower calculated such number of Conversion Shares. Any Conversion Shares delivered in Holder’s sole discretion, the Holder may at any time after connection with an Amortization Payment Date, require that up to two (2) additional Amortization Payments Conversion shall be made, provided that the entire amount of such two additional Amortization Payments will be made in Common Stock, in such amounts and at such times as the Holder will request in the Holder’s sole discretion, by applying the applicable Amortization Conversion Price at the time of issuance, delivered in accordance with the foregoing. The Holder may exercise its rights set forth in the preceding sentence with respect to an unlimited number of Amortization Payment Dates, until all Amortization Payments have been made, and any Amortization Payment or Payments for which payment is accelerated pursuant to the preceding sentence shall be deemed to apply to the latest Amortization Payment Date or Dates in the attached Amortization Schedule (Appendix A) for which Amortization Payments have not been previously madeSection 8 below.

Amortization Payments. On March 9The Company and Lender agree that, 2018 and notwithstanding anything in the Note to the contrary, (i) the notice delivered on February 13, 2020 by the 9th day of each subsequent month through Company to Lender to make the Maturity Date (each an “Amortization Payment Date”)and payment of Stated Interest in cash with respect to the March 1, 2020 Amortization Payment shall be null and void with respect to the Holder may redeem one-twelfth (1/12th) election of the face form of such Amortization Payment (ii) the Amortization Payment due on March 1, 2020 shall be in the amount of this Note $[__] with respect to such Amortization Date and that the guaranteed interest on Company shall elect to pay such redeemed face amount(each, an “Amortization Payment”), Payment in shares of Common Stock in accordance with the attached terms of Section 5(B) and 5(C) of the Note, provided however, that: (A) for purposes of determining the Amortization Schedule Share Amount with respect to such Amortization Payment, the Amortization Stock Payment Price shall be equal to Three Dollars (Appendix A$3.00). Each , (B) the Amortization Share Payment Period US-DOCS\113928462.15 with respect to such Amortization Payment shallwill end on April 30, at 2020 rather than March 31, 2020; and (C) in the option of event that Lender does not elect to receive the Companyfull Amortization Share Amount during such Amortization Share Payment Period, (i) be made in cash in an amount equal to 1.05 multiplied by then the Amortization Payment (that had been due on March 1, 2020 shall be automatically reduced by the “Cash Amortization Payment Rate”) or, (ii) subject to the Company complying with the Equity Conditions, be made in Common Stock, in whole or in part at the sole discretion of the Holder, by applying the Amortization Conversion Price as of the date of issuance of the Common Stock. In the event that the Holder is receiveing any Amortization Payment in the form of Common Stock, the Common Stock issuable in satisfaction portion of such Amortization Payment will not be issued until such time as the Holder has requested such issuance, and the Amortization Conversion Price will be applied as of the date of such request received by the Holder for issuance of Common Stock. The Holder may request an unlimited amount of issuances of Common Stock as partial payment totaling the sum of such Amotization Payment. Notwithstanding the foregoing, the Holder mayLender, (iiii) by delivering written notice to the Company at least ten (10) Trading Days prior to an that there shall be no Amortization Payment Date (the “Acceleration Notice”)due on April 1, require that up 2020 with respect to a total of three (3) Amortization Payments be made on such Amortization Payment Date and (including iv) the Amortization Payment scheduled to be made due on such Amortization Payment Date)May 1, each of which Amortization Payments severally 2020 shall be payable, at in the option of the Company, in cash at the Cash Amortization Payment Rate or, subject to the Company complying with the Equity Conditions, in Common Stock by applying the Amortization Conversion Price or (ii) in Holder’s sole discretion, the Holder may at any time after an Amortization Payment Date, require that up to two (2) additional Amortization Payments be made, provided that the entire amount of such two additional Amortization Payments will be made in Common Stock, in such amounts and at such times as the Holder will request in the Holder’s sole discretion, by applying the applicable Amortization Conversion Price at the time of issuance, in accordance with the foregoing. The Holder may exercise its rights set forth in the preceding sentence $[__] with respect to an unlimited number of such Amortization Payment Dates, until all Amortization Payments have been made, and any Amortization Payment or Payments for which payment is accelerated pursuant to the preceding sentence shall be deemed to apply to the latest Amortization Payment Date or Dates in the attached Amortization Schedule (Appendix A) for which Amortization Payments have not been previously madeDate.