Common use of Forced Conversion Clause in Contracts

Forced Conversion. Notwithstanding anything herein to the contrary, if after the Effective Date, each of the Closing Prices for any 20 consecutive Trading Days (such 20 day period commencing only after the later of the Effective Date, such period the “Threshold Period”)) exceeds 250% of the then Conversion Price, the Company may, within 1 Trading Day of the end of any such Threshold Period, deliver a notice to the Holder (a “Forced Conversion Notice” and the date such notice is received by the Holder, the “Forced Conversion Notice Date”) to cause the Holder to immediately convert all or part of the then outstanding principal amount of Debentures pursuant to Section 4. The Company may only effect a Forced Conversion Notice if all of the Equity Conditions are met through the applicable Threshold Period until the date of the applicable Forced Conversion and through and including the date such shares of Common Stock are issued to the Holder. Any Forced Conversion shall be applied ratably to all Holders based on their initial purchases of Debentures pursuant to the Purchase Agreement. For purposes of clarification, a Forced Conversion shall be subject to all of the provisions of Section 4, including, without limitation, the provision requiring payment of liquidated damages and limitations on conversions.

Forced Conversion. Notwithstanding anything herein to the contrary, if after the Effective Date, 11 month anniversary of the Original Issue Date each of the Closing Prices for any 20 30 consecutive Trading Days (such 20 day period commencing only after the later 11 month anniversary of the Effective Original Issue Date, such period the “"Threshold Period”")) exceeds 250% of the then Conversion PricePrice by 250%, the Company may, within 1 Trading Day of the end of any such Threshold Periodperiod, deliver a notice to the Holder (a “"Forced Conversion Notice” " and the date such notice is received by the Holder, the “"Forced Conversion Notice Date”") to cause the Holder to immediately convert all or part of the then outstanding principal amount of Debentures pursuant to Section 4. The Company may only effect a Forced Conversion Notice if all of the Equity Conditions are met through the applicable Threshold Period until the later of the date of the applicable Forced Conversion and through and including the date such shares of Common Stock are issued actually delivered to the HolderHolders. Any Forced Conversion shall be applied ratably to all Holders based on their initial purchases of Debentures pursuant to the Purchase Agreement. For purposes of clarification, a Forced Conversion shall be subject to all of the provisions of Section 4, including, without limitation, the provision requiring payment of liquidated damages and limitations on conversions.

Forced Conversion. Notwithstanding anything herein to the contrary, if after the Effective Date, 11 month anniversary of the Original Issue Date each of the Closing Prices for any 20 30 consecutive Trading Days (such 20 day period commencing only after the later 11 month anniversary of the Effective Original Issue Date, such period the “Threshold Period”)) exceeds 250% of the then Conversion PricePrice by 250%, the Company may, within 1 Trading Day of the end of any such Threshold Periodperiod, deliver a notice to the Holder (a “Forced Conversion Notice” and the date such notice is received by the Holder, the “Forced Conversion Notice Date”) to cause the Holder to immediately convert all or part of the then outstanding principal amount of Debentures pursuant to Section 4. The Company may only effect a Forced Conversion Notice if all of the Equity Conditions are met through the applicable Threshold Period until the later of the date of the applicable Forced Conversion and through and including the date such shares of Common Stock are issued actually delivered to the HolderHolders. Any Forced Conversion shall be applied ratably to all Holders based on their initial purchases of Debentures pursuant to the Purchase Agreement. For purposes of clarification, a Forced Conversion shall be subject to all of the provisions of Section 4, including, without limitation, the provision requiring payment of liquidated damages and limitations on conversions.