Common use of Equity in Lieu of Cash Clause in Contracts

Equity in Lieu of Cash. 3.4.1 At Recipient’s option, exercisable at any time between the date hereof and January 13, 2012, Recipient may subscribe for a number of shares of Lenco’s Series A Convertible Preferred Stock having a value equal to or less than the aggregate amount of payables set forth in Sections 3.2.2 and 3.23 above. Upon issuance of such shares, the corresponding amount of payables set forth in Sections 3.2.2 and 3.2.3 will be cancelled. The issuance of such shares shall be conditioned upon Recipient and Lenco entering into a mutually acceptable agreement with respect to the purchase of such shares. 3.4.2 At Recipient’s option, exercisable at any time between the date hereof and January 13, 2012, Recipient may subscribe for a number of shares of Lenco’s Series A Convertible Preferred Stock having a value equal to or less than the aggregate amount of payables set forth in Section 3.2.4 above. Upon issuance of such shares, the corresponding amount of payables set forth in Section 3.2.4 will be cancelled. The issuance of such shares shall be conditioned upon Recipient and Lenco entering into a mutually acceptable agreement with respect to the purchase of such shares. Such agreement will provide that any shares issued pursuant thereto will be subject to forfeiture in the event Recipient’s employment terminates prior to the one (1) year anniversary of the Closing of the Transaction for any reason.