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 of the Company; 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 of the Company.

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 of the CompanyDirectors; 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 of the CompanyDirectors.

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; (Company excluding amounts paid or payable for accrued interest or accrued dividends; [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 of the CompanyDirectors; and (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 of the CompanyDirectors.

Cash and Property. Such consideration shall: (AI) 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 and dividends; (BII) 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 Directors of the CompanyDirectors; and (CIII) 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 (AI) and (BII) above, as determined in good faith by the Board of Directors of the CompanyDirectors.

Cash and Property. Such consideration shall: (Ai) insofar as 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; (Bii) insofar as 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 Directors of the Companydirectors; and (Ciii) in the event 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 Company's board of Directors of the Companydirectors.

Cash and Property. Such consideration shall: (Aa) insofar as it consists of cash, be computed at the aggregate amount amounts of cash received by the Company; (Bb) 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 of the CompanyDirectors; and (Cc) in the event Additional Shares of Common Stock Shares 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 of the CompanyDirectors.

Cash and Property. Such consideration shall:: ----------------- (AI) insofar as it consists of cash, be computed at the aggregate amount of cash received by the Company; (BII) 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 Directors of the CompanyBoard; and (CIII) in the event Additional Shares of Common Stock are issued or deemed to be 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 (AI) and (BII) above, as determined in good faith by the Board of Directors of the CompanyBoard.

Cash and Property. Such consideration shall: (AI) 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; (BII) 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 Directors of the CompanyBoard; and (CIII) 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 (AI) and (BII) above, as determined in good faith by the Board and the Holders of Directors a majority in outstanding principal amount of the CompanyDebentures held by Ribbon Communications Inc. and/or its affiliates.