Common use of Interest in Cash or in Kind Clause in Contracts

Interest in Cash or in Kind. Holders shall be entitled to receive, and Borrower shall pay, cumulative interest on the outstanding principal amount of this Note compounded annually at the annual rate of 10% (all subject to increase as set forth in this Note payable on the Maturity Date (such date, an “Interest Payment Date”) (if the Interest Payment Date is not a Trading Day, the applicable payment shall be due on the next succeeding Trading Day). Provided all of the Equity conditions are in effect on the Maturity Date, such interest may be paid, at the option of Borrower, in cash or in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock as set forth in this Section 2(a), or a combination thereof in each case as provided in the next sentence (the amount to be paid in shares of Common Stock, the “Interest Share Amount”). The Common Stock to be paid in satisfaction of the Interest Share Amount shall be valued solely for such purpose at the Conversion Price in effect on the Interest Payment Date (the “Interest Conversion Price”). The Holders shall have the same rights and remedies with respect to the delivery of any such shares as if such shares were being issued pursuant to Section 6. Borrower may not pay interest by delivery of Common Stock without the consent of the Holder in the event that the Equity Conditions are not in effect on each day from the relevant Interest Payment Date through the date the Interest Share Amount is delivered to the Holder. Borrower must notify the Holder not less than ten (10) Trading Days prior to an Interest Payment Date if it intends to pay interest due on such Interest Payment Date by delivery of an Interest Share Amount. If Borrower fails to provide such notice, the Holder may elect to receive the Interest Share Amount in lieu of cash by notifying Borrower any time prior to the relevant Interest Payment Date. Borrower may not pay any Interest Share Amount in excess of the Beneficial Ownership Limitation, unless waived by Holder pursuant to Section 4(d) hereof.

Interest in Cash or in Kind. Holders Holder shall be entitled to receive, and Borrower shall pay, cumulative interest on the outstanding principal amount of this Note compounded annually monthly at the annual rate of 10% five percent (all 5%) (as subject to increase as set forth in this Note Note) from the Original Issue Date through the Maturity Date. Interest shall be payable in arrears on the last day of each February, May, August and November during the period beginning on the Original Issue Date and ending on, and including, the Maturity Date (such date, each an “Interest Payment Date”) ). Interest shall be payable on each Interest Payment Date in cash, or at the election of the Borrower, such interest may be paid in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock, or a combination thereof (if the amount to be paid in shares of Common Stock, the “Interest Share Amount”). If any Interest Payment Date is not a Trading Day, the applicable payment shall be due on the next succeeding Trading Day). Provided all of the Equity conditions are in effect on the Maturity Date, such interest may be paid, at the option of Borrower, in cash or in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock as set forth in this Section 2(a), or a combination thereof in each case as provided in the next sentence (the amount to be paid in shares of Common Stock, the “Interest Share Amount”). The Common Stock to be paid in satisfaction of the Interest Share Amount shall will be valued solely for such purpose at determined by dividing the Conversion Price in effect amount of interest on the subject Interest Payment Date (by the “Interest then applicable Conversion Price”). The Holders Holder shall have the same rights and remedies with respect to the delivery of any such shares Interest Share Amount as if such shares were being issued pursuant to a voluntary conversion pursuant to Section 64(a). Borrower must give Holder not less than five (5) Trading Days’ notice prior to an Interest Payment Date of Borrower’s intention to pay interest as an Interest Share Amount in lieu of cash. Borrower may not pay interest by delivery of Common Stock an Interest Share Amount without the consent of the Holder in the event that the Equity Conditions are not in effect on each day from commencing ten (10) Trading Days prior to the relevant Interest Payment Date through the date the Interest Share Amount is delivered to the Holder. Borrower must notify the Holder not less than ten (10) Trading Days prior to an Interest Payment Date or if it intends to pay interest due on a Public Information Failure has occurred during such Interest Payment Date by delivery of an Interest Share Amount. If Borrower fails to provide such notice, the Holder may elect to receive the Interest Share Amount in lieu of cash by notifying Borrower any time prior to the relevant Interest Payment Date. Borrower may not pay any Interest Share Amount in excess of the Beneficial Ownership Limitation, unless waived by Holder pursuant to Section 4(d) hereofperiod.

Interest in Cash or in Kind. Holders shall be entitled to receive, and Borrower shall pay, cumulative interest on the outstanding principal amount of this Note compounded annually at the annual rate of 108% (all subject to increase as set forth in this Note Note), payable quarterly on March 31, June 30, September 30, and December 31, beginning on the Maturity second such date after the Original Issue Date and on each Conversion Date (with respect only to Note principal being converted) (each such date, an “Interest Payment Date”) (if the any Interest Payment Date is not a Trading Day, the applicable payment shall be due on the next succeeding Trading Day)) in cash only, through six months after the Original Issue Date. Provided all of Subsequent to six (6) months after the Equity conditions are in effect on the Maturity Original Issue Date, such interest may be paid, at the option of Borrower, in cash or cash, in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock as set forth in this Section 2(a), or a combination thereof in each case as provided in the next sentence (the amount to be paid in shares of Common Stock, the “Interest Share Amount”). The Common Stock to be paid in satisfaction of the Interest Share Amount shall be valued solely for such purpose at the lower of (A) the Conversion Price in effect on the Interest Payment Date, or (B) 90% of the VWAPs for the 10 consecutive Trading Days ending on the Trading Day that is immediately prior to the Interest Payment Date (the “Interest Conversion Price”). The Holders shall have the same rights and remedies with respect to the delivery of any such shares as if such shares were being issued pursuant to Section 6. Borrower may not pay interest by delivery of Common Stock without the consent of the Holder in the event that the Equity Conditions are not in effect on each day from the relevant Interest Payment Date through the date the Interest Share Amount is delivered to the Holder. Borrower must notify the Holder not less than ten (10) Trading Days prior to an Interest Payment Date if it intends to pay interest due on such Interest Payment Date by delivery of an Interest Share Amount. If Borrower fails to provide such notice, the Holder may elect to receive the Interest Share Amount in lieu of cash by notifying Borrower any time prior to the relevant Interest Payment Date. Borrower may not pay any Interest Share Amount in excess of the Beneficial Ownership Limitation, unless waived by Holder pursuant to Section 4(d) hereofhereof which waiver may not be effective with respect to the Interest Share Amount prior to one year after the issue date of this Note.

Interest in Cash or in Kind. Holders Holder shall be entitled to receive, and Borrower shall pay, cumulative interest on the outstanding principal amount of this Note compounded annually daily at the annual rate of 10% five percent (all 5%) (as subject to increase as set forth in this Note Note) from the Original Issue Date through the Maturity Date. Interest shall be payable in arrears on the four month anniversary of the Original Issue Date, each monthly anniversary thereafter and on the Maturity Date when all amounts outstanding in connection with this Note shall be due and payable (such date, each an “Interest Payment Date”) in cash, or at the election of the Borrower, such interest may be paid in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock, or a combination thereof (if the amount to be paid in shares of Common Stock, the “Interest Share Amount”). If any Interest Payment Date is not a Trading Day, the applicable payment shall be due on the next succeeding Trading Day). Provided all of the Equity conditions are in effect on the Maturity Date, such interest may be paid, at the option of Borrower, in cash or in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock as set forth in this Section 2(a), or a combination thereof in each case as provided in the next sentence (the amount to be paid in shares of Common Stock, the “Interest Share Amount”). The Common Stock to be paid in satisfaction of the Interest Share Amount shall will be valued solely for such purpose at determined by dividing the Conversion Price in effect amount of interest on the subject Interest Payment Date (by the “Interest then applicable Conversion Price”). The Holders Holder shall have the same rights and remedies with respect to the delivery of any such shares Interest Share Amount as if such shares were being issued pursuant to a voluntary conversion pursuant to Section 64(a). Borrower must give Holder not less than five (5) Trading Days’ notice prior to an Interest Payment Date of Borrower’s intention to pay interest as an Interest Share Amount in lieu of cash. Borrower may not pay interest by delivery of Common Stock an Interest Share Amount without the consent of the Holder in the event that the Equity Conditions are not in effect on each day from commencing ten (10) Trading Days prior to the relevant Interest Payment Date through the date the Interest Share Amount is delivered to the Holder. Borrower must notify the Holder not less than ten (10) Trading Days prior to an Interest Payment Date or if it intends to pay interest due on a Public Information Failure has occurred during such Interest Payment Date by delivery of an Interest Share Amount. If Borrower fails to provide such notice, the Holder may elect to receive the Interest Share Amount in lieu of cash by notifying Borrower any time prior to the relevant Interest Payment Date. Borrower may not pay any Interest Share Amount in excess of the Beneficial Ownership Limitation, unless waived by Holder pursuant to Section 4(d) hereofperiod.

Interest in Cash or in Kind. Holders shall be entitled to receive, and Borrower shall pay, cumulative interest on the outstanding principal amount of this Note compounded annually monthly at the annual rate of 107% (all as subject to increase as set forth in this Note Note) from the Original Issue Date through the Maturity Date. Interest shall be payable on the first day of each calendar month commencing May 1, 2016 and on the Maturity Date (such date, each an “Interest Payment Date”) (if the any Interest Payment Date is not a Trading Day, the applicable payment shall be due on the next succeeding Trading Day). Provided all ) in cash or at the election of the Equity conditions are in effect on the Maturity DateBorrower, such interest may be paid, at the option of Borrower, in cash or paid in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock as set forth in this Section 2(a)Stock, or a combination thereof in each case as provided in the next sentence (the amount to be paid in shares of Common Stock, the “Interest Share Amount”). The Common Stock to be paid in satisfaction of the Interest Share Amount shall will be valued solely for such purpose at determined by dividing the amount of interest on the subject Interest Payment Date by the Conversion Price in effect on the Interest Payment Date (the “Interest Conversion Price”)such date. The Holders shall have the same rights and remedies with respect to the delivery of any such shares as if such shares were being issued pursuant to Section 6. Borrower may not pay interest by delivery of Common Stock without the consent of the Holder in the event that the Equity Conditions (excluding Equity Conditions (c), (d), (f) provided such Event of Default has been cured, (i) and (j)) are not in effect on each day from the relevant Interest Payment Date through the date the Interest Share Amount is delivered to the Holder. Borrower must notify the Holder not less than ten (10) Trading Days prior to an Interest Payment Date if it intends to pay interest due on such Interest Payment Date by delivery of an Interest Share Amount. If Borrower fails to provide such notice, the The Holder may elect to receive the Interest Share Amount in lieu of cash by notifying Borrower any time at least 5 calendar days prior to the relevant Interest Payment Date. Borrower may not pay any Interest Share Amount in excess of the Beneficial Ownership LimitationLimitation when applicable, unless waived by Holder pursuant to Section 4(d) hereofHolder.

Interest in Cash or in Kind. Holders shall be entitled to receive, and Borrower shall pay, cumulative interest on the outstanding principal amount of this Note compounded annually at the annual rate of 10% (all subject to increase as set forth in this Note until such time as the Borrower has reserved 100% of the Required Minimum. Thereafter, interest will cease to accrue.) payable on the Maturity Date (such date, an “Interest Payment Date”) (if the Interest Payment Date is not a Trading Day, the applicable payment shall be due on the next succeeding Trading Day). Provided all of the Equity conditions are in effect effective on the Maturity Date, such interest may be paid, at the option of Borrower, in cash or in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock as set forth in this Section 2(a), or a combination thereof in each case as provided in the next sentence (the amount to be paid in shares of Common Stock, the “Interest Share Amount”). The Common Stock to be paid in satisfaction of the Interest Share Amount shall be valued solely for such purpose at the Conversion Price in effect on the Interest Payment Date (the “Interest Conversion Price”). The Holders shall have the same rights and remedies with respect to the delivery of any such shares as if such shares were being issued pursuant to Section 6. Borrower may not pay interest by delivery of Common Stock without the consent of the Holder in the event that the Equity Conditions are not in effect on each day from the relevant Interest Payment Date through the date the Interest Share Amount is delivered to the Holder. Borrower must notify the Holder not less than ten (10) Trading Days prior to an Interest Payment Date if it intends to pay interest due on such Interest Payment Date by delivery of an Interest Share Amount. If Borrower fails to provide such notice, the Holder may elect to receive the Interest Share Amount in lieu of cash by notifying Borrower any time prior to the relevant Interest Payment Date. Borrower may not pay any Interest Share Amount in excess of the Beneficial Ownership Limitation, unless waived by Holder pursuant to Section 4(d) hereof.

Interest in Cash or in Kind. Holders Holder shall be entitled to receive, and Borrower shall pay, cumulative interest on the outstanding principal amount of this Note compounded annually monthly at the annual rate of 10% five percent (all 5%) (as subject to increase as set forth in this Note Note) from the Original Issue Date through the Maturity Date. Interest shall be payable in arrears on the last day of each February, May, August and November during the period beginning on the Original Issue Date and ending on, and including, the Maturity Date (such date, each an “Interest Payment Date”) ). Interest shall be payable on each Interest Payment Date in cash, or at the election of the Borrower, such interest may be paid in duly authorized, validly issued, fully paid and non-assessable shares of Series E Preferred Stock, or a combination thereof (if the amount to be paid in shares of Series E Preferred Stock, the “Interest Share Amount”). If any Interest Payment Date is not a Trading Day, the applicable payment shall be due on the next succeeding Trading Day). Provided all of the Equity conditions are in effect on the Maturity Date, such interest may be paid, at the option of Borrower, in cash or in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock as set forth in this Section 2(a), or a combination thereof in each case as provided in the next sentence (the amount to be paid in shares of Common Stock, the “Interest Share Amount”). The Common Stock to be paid in satisfaction of the Interest Share Amount shall will be valued solely for such purpose at determined by dividing the Conversion Price in effect amount of interest on the subject Interest Payment Date (by the “Interest then applicable Conversion Price”). The Holders Holder shall have the same rights and remedies with respect to the delivery of any such shares Interest Share Amount as if such shares were being issued pursuant to a voluntary conversion pursuant to Section 64(a). Borrower must give Holder not less than five (5) Trading Days’ notice prior to an Interest Payment Date of Borrower’s intention to pay interest as an Interest Share Amount in lieu of cash. Borrower may not pay interest by delivery of Common Stock an Interest Share Amount without the consent of the Holder in the event that the Equity Conditions are not in effect on each day from commencing ten (10) Trading Days prior to the relevant Interest Payment Date through the date the Interest Share Amount is delivered to the Holder. Borrower must notify the Holder not less than ten (10) Trading Days prior to an Interest Payment Date or if it intends to pay interest due on a Public Information Failure has occurred during such Interest Payment Date by delivery of an Interest Share Amount. If Borrower fails to provide such notice, the Holder may elect to receive the Interest Share Amount in lieu of cash by notifying Borrower any time prior to the relevant Interest Payment Date. Borrower may not pay any Interest Share Amount in excess of the Beneficial Ownership Limitation, unless waived by Holder pursuant to Section 4(d) hereofperiod.

Interest in Cash or in Kind. Holders Holder shall be entitled to receive, and Borrower shall pay, cumulative interest on the outstanding principal amount of this Note compounded annually monthly at the annual rate of 10% five percent (all 5%) (as subject to increase as set forth in this Note Note) from the Original Issue Date through the Maturity Date. Interest shall be payable in arrears on the last day of each February, May, August and November during the period beginning on the Original Issue Date and ending on, and including, the Maturity Date (such date, each an “Interest Payment Date”) ), with the first Interest Payment Date being August 31, 2019. Interest shall be payable on each Interest Payment Date in cash, or at the election of the Borrower, such interest may be paid in duly authorized, validly issued, fully paid and non-assessable shares of Series E Preferred Stock, or a combination thereof (if the amount to be paid in shares of Series E Preferred Stock, the “Interest Share Amount”). If any Interest Payment Date is not a Trading Day, the applicable payment shall be due on the next succeeding Trading Day). Provided all of the Equity conditions are in effect on the Maturity Date, such interest may be paid, at the option of Borrower, in cash or in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock as set forth in this Section 2(a), or a combination thereof in each case as provided in the next sentence (the amount to be paid in shares of Common Stock, the “Interest Share Amount”). The Common Stock to be paid in satisfaction of the Interest Share Amount shall will be valued solely for such purpose at determined by dividing the Conversion Price in effect amount of interest on the subject Interest Payment Date (by the “Interest then applicable Conversion Price”). The Holders Holder shall have the same rights and remedies with respect to the delivery of any such shares Interest Share Amount as if such shares were being issued pursuant to a voluntary conversion pursuant to Section 64(a). Borrower must give Holder not less than five (5) Trading Days’ notice prior to an Interest Payment Date of Borrower’s intention to pay interest as an Interest Share Amount in lieu of cash. Borrower may not pay interest by delivery of Common Stock an Interest Share Amount without the consent of the Holder in the event that the Equity Conditions are not in effect on each day from commencing ten (10) Trading Days prior to the relevant Interest Payment Date through the date the Interest Share Amount is delivered to the Holder. Borrower must notify the Holder not less than ten (10) Trading Days prior to an Interest Payment Date or if it intends to pay interest due on a Public Information Failure has occurred during such Interest Payment Date by delivery of an Interest Share Amount. If Borrower fails to provide such notice, the Holder may elect to receive the Interest Share Amount in lieu of cash by notifying Borrower any time prior to the relevant Interest Payment Date. Borrower may not pay any Interest Share Amount in excess of the Beneficial Ownership Limitation, unless waived by Holder pursuant to Section 4(d) hereofperiod.