Common use of Cash and Property Clause in Contracts

Cash and Property. Such consideration shall: ----------------- A. insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company; B. insofar as it consists of property other than cash, be computed at the fair value thereof at the time of such issue, as determined in good faith by the Board of Directors; and C. in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A) and (B) above, as determined in good faith by the Board of Directors.

Cash and Property. Such consideration shall: -----------------: A. insofar as (A) if it consists of cash, be computed at the aggregate amount of cash received by the Company; B. insofar as (B) if it consists of property other than cash, be computed at the its fair market value thereof at the time of such issue, as determined in good faith by the Board Company's board of Directorsdirectors; and C. in the event (C) if Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company for consideration which that covers both, be the proportion of such consideration so received, computed as provided in clauses (A) and (B) above, as determined in good faith by the Board Company's board of Directorsdirectors.

Cash and Property. Such consideration shall: -----------------: A. (A) insofar as it consists of cash, be computed at as the aggregate amount of cash received by the Company; B. (B) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of such issue, issuance as determined in good faith by the Board of DirectorsBoard; and C. (C) in the event that Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A) and (B) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: -----------------: A. (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the CompanyDebtor excluding amounts paid or payable for accrued interest or accrued dividends; B. (2) insofar as it consists of property other than cash, be computed at the fair value Market Price thereof at the time of such issue, as determined in good faith by the Board of Directors; and C. (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company Debtor for consideration which that covers both, be by the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Board of Directors.

Cash and Property. Such consideration shall: -----------------: A. (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company, excluding amounts paid or payable for accrued interest; B. (2) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issue, as determined in good faith by the Board of DirectorsBoard; and C. (3) in the event Additional Shares of Common Stock Units are issued together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: -----------------: A. (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company; B. (2) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issue, as determined in good faith by the Company's Board of Directors; and C. (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Company's Board of Directors.

Cash and Property. Such consideration shall: -----------------: A. (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company, excluding amounts paid or payable for accrued interest; B. (2) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issue, as determined in good faith by the Board of DirectorsBoard; and C. (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: -----------------: A. (A) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company, excluding amounts paid or payable for accrued interest; B. (B) insofar as it consists of property other than cash, be computed at the fair value Fair Market Value thereof at the time of such issue, as determined in good faith by the Board of Directors; and C. (C) in the event Additional Shares of Common Stock Units are issued together with other shares units or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A) and (B) above, as determined in good faith by the Board of DirectorsManagers.

Cash and Property. Such consideration shall: -----------------: A. (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the CompanyLLC, excluding amounts paid or payable for accrued interest; B. (2) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issue, as determined in good faith by the Board of DirectorsBoard; and C. (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company LLC for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such Aggregate consideration shall: -----------------consisting of cash and other property will: A. (i) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company, excluding amounts paid or payable for accrued interest or accrued dividends; B. (ii) insofar as it consists of property other than cash, be computed at the fair value Fair Market Value thereof at on the time of such issue, as determined in good faith by the Board of DirectorsMeasurement Date; and C. in the event Additional Shares (iii) insofar as it consists of Common Stock are issued together with both cash and other shares or securities or other assets of the Company for consideration which covers bothproperty, be the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: -----------------: A. (A) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company, excluding amounts paid or payable for accrued interest; B. (B) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of such issue, as determined in good faith by the Board of DirectorsFair Market Value thereof; and C. (C) in the event Additional Shares of Common Stock Units are issued together with other shares or securities or other assets of the Company Equity Securities for consideration which covers both, be by the proportion of such consideration so received, computed as provided in clauses (A) and (B) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: -----------------: A. (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company, excluding amounts paid or payable for accrued interest; B. (2) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issue, as determined in good faith by the Board of DirectorsManagers; and C. (3) in the event Additional Common Shares of Common Stock are issued together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Board of DirectorsManagers.

Cash and Property. Such consideration shall: -----------------: A. (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the CompanyCorporation (without deducting any discounts or commissions paid by the Corporation); B. (2) insofar as it consists of property other than cash, be computed at the fair value thereof at the time of such issue, as determined in good faith by the Board of DirectorsBoard; and C. (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company Corporation for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: -----------------: A. (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the CompanyCorporation, excluding amounts paid or payable for accrued interest; B. (2) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issue, as determined in good faith by the Board of DirectorsBoard; and C. (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company Corporation for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (A1) and (B2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: -----------------: A. (I) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company; B. (II) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issueissuance, as determined in good faith by the Board of DirectorsBoard; and C. (III) in the event Additional Shares of Common Stock Units are issued together with other shares or securities or other assets of the Company Company, for consideration which covers both, be the proportion of such consideration so received, computed as provided in clauses (AI) and (BII) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: -----------------: A. (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company; B. (2) insofar as it consists of property other than cash, be computed at the fair market value thereof at the time of such issue, as reasonably determined in good faith by the Board of Directors; and C. (3) in the event Additional Shares of Common Stock and/or convertible securities are issued together with other shares or securities or other assets of the Company for consideration which covers both, be the proportion of such consideration so receivedreceived for the Common Stock and/or convertible securities, computed as provided in clauses (A) and (B) above, as reasonably determined in good faith by the Board of Directors.

Cash and Property. Such consideration shall: -----------------: A. insofar as (i) if it consists of cash, be computed at the aggregate amount of cash received by the Company, excluding amounts paid or payable for accrued interest; B. insofar as (ii) if it consists of property other than cash, be computed at the its fair market value thereof at the time of such issue, as determined in good faith by the Board of Directors; and C. in the event (iii) if Additional Shares of Common Stock are issued together with other shares or securities or other assets of the Company for consideration which that covers both, be the proportion of such consideration so received, computed as provided in clauses (Ai) and (Bii) above, as determined in good faith by the Board of Directors.