Common use of INTEREST; INTEREST RATE Clause in Contracts

INTEREST; INTEREST RATE. Interest on this Note shall accrue commencing accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in arrears for each calendar month on the first Business Day of each calendar month following the Issuance Date (each, an “Interest Date”). Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date to the record holder of this Note on the applicable Interest Date. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Amount on each Redemption Date in accordance with the terms of this Note. From and after the occurrence and during the continuance of an Event of Default (as defined in Section 3(a)), the Interest Rate shall be increased to eighteen percent (18.0%) per annum. In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; provided, that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annum.

INTEREST; INTEREST RATE. (a) Interest on this Note shall accrue commencing commence accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in arrears for each calendar three-month on the first Business Day of each calendar month period following the Issuance Date on January 31, April 30, July 31 and October 31 of each year and on the Maturity Date (each, an “Interest Date”)) with the first Interest Date being October 31, 2014. Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date in kind, which shall accrete as additional Principal and be payable or convertible in accordance with the terms of this Note, including the provisions of Section 3(d), to the record holder of this Note on each January 15, April 15, July 15 and October 15 immediately preceding the applicable Interest Date and on the Maturity Date. , with respect to the Interest to be paid on such date. (b) Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Amount on each Redemption Date in accordance with the terms of this NoteRate. From and after the occurrence and during the continuance of an Event of Default (as defined in Section 3(a))Default, the Interest Rate shall be increased to eighteen percent (18.0%) 16.50% per annum, payable in kind, which shall accrete as additional Principal and be payable or convertible in accordance with the terms of this Note, including the provisions of Section 3(d). In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annum.

INTEREST; INTEREST RATE. Interest on this (a) This Note was issued with an ten percent (10%) original issue discount as described in the Securities Purchase Agreement. This Note shall accrue commencing accruing on bear interest at the Issuance Date at a rate of five six percent (5.06.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in arrears for each calendar month on the first Business Day of each calendar month following the Issuance Date (each, an “Interest Date”). Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date to the record holder of this Note on the applicable Interest Date. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Amount on each Redemption Date in accordance with the terms of this Note. From and after except upon the occurrence (and during the continuance continuance) of an Event of Default (as defined Default, in Section 3(a)), the Interest Rate which case this Note shall be increased to eighteen bear interest at a rate of fifteen percent (18.015%) per annumannum (the “Default Rate” and all such Interest accrued at the Default Rate, the “Default Interest”) of the then-outstanding Principal. In the event that such Event of Default is subsequently curedcured or waived in accordance with the terms of this Note (and no other Event of Default then exists (including, without limitation, as a result of the adjustment referred Company’s failure to pay Interest at the Default Rate on the applicable Interest Date in connection with such Event of Default)), Interest hereunder at the preceding sentence Default Rate shall cease to be effective accrue as of the calendar day immediately following the date on which such Event of such cureDefault is cured or waived (and shall instead revert to the Interest Rate); provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure or waiver of such Event of Default; provided, further, that for . (b) Interest on this Note shall commence accruing on the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Issuance Date. Interest shall be paid to computed on the Holder, including, without limitation, basis of a 360-day year and twelve 30-day months. Interest accrued at shall be due and payable upon the increased rate of eighteen percent entire Original Principal Amount through and including the Maturity Date (18.0%) per annumincluding any extensions thereof).

INTEREST; INTEREST RATE. (a) Interest on this Note shall accrue commencing accruing on from and after the Issuance Date at a rate until the indefeasible payment in full of five percent (5.0%) per annum (the “all amounts due under this Note. Interest Rate”) and shall be computed on the basis of actual number of days elapsed over a 360-day year and twelve 30-day months and shall be payable in arrears for each calendar month on the first Business Day of each calendar month following the Issuance Date (each, an “Interest Date”)year. Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date to the record holder of this Note on the applicable Interest Date. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate; provided, however, that if Holder shall default in payment of Principal or Interest or any other amount becoming due hereunder, whether at scheduled maturity, by mandatory prepayment, acceleration or otherwise, or if any other Event of Default has occurred, or if this Note shall not have been converted and any portion of the Principal or Interest shall remain outstanding after the Maturity Date (each, a “Default Interest Event”), then commencing on the date of the occurrence of such Default Interest Event and on each monthly anniversary thereafter, the Interest Rate shall increase by 100 basis points until the indefeasible payment in full of all amounts due under this Note or in the case of an Event of Default, such Event of Default has been cured, but in no event shall the Interest Rate exceed seventeen and one-half percent (17.5%) per annum. From and after the occurrence of any Default Interest Event or in the case of an Event of Default, until such Event of Default has been cured, all accrued and unpaid Interest shall be payable upon demand. If this Note converts pursuant to Section 5, Interest shall be due upon such conversion and shall be payable by way of inclusion of the Interest in the Outstanding Conversion Amount on each Redemption Date in accordance with Section 5, otherwise, all Interest shall be payable in cash in accordance with the terms hereof. (b) Notwithstanding the foregoing, Parent and Holder intend for this Note to comply in all respects with all provisions of this NoteLaw and not to violate, in any way, any legal limitations on interest charges. From and after Accordingly, if, for any reason, Parent is required to pay, or has paid, Interest at a rate in excess of the occurrence and during highest rate of interest that may be charged by Holder or that Parent may legally contract to pay under applicable Law (the continuance of an Event of Default (as defined in Section 3(a)“Maximum Rate”), then the applicable interest rate shall be deemed to be reduced, automatically and immediately, to the Maximum Rate, and such Interest payable hereunder shall be computed and paid at the Maximum Rate and the portion of all prior payments of Interest in excess of then applicable Maximum Rate shall be increased deemed to eighteen percent (18.0%) per annum. In the event that such Event of Default is subsequently cured, the adjustment referred to have been payments in the preceding sentence shall cease to be effective as reduction of the date of such cure; provided, that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default; provided, further, that for the purpose outstanding principal of this Section 2, such Event of Default shall not be deemed cured unless Note and until any accrued and unpaid Interest shall be paid to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annumapplied as partial prepayments.

INTEREST; INTEREST RATE. Interest on this Note shall accrue commencing commence ------------------------- accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360365-day year and twelve 30-day months actual days elapsed and shall be payable in arrears for each calendar month Payment Month on the first Business Day of each calendar month following Installment Date during the period beginning on the Issuance Date (eachand ending on, an “Interest and including, the Maturity Date”). Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing on each Installment Date, to the Company record holder of this Note on each the applicable Installment Date, and to the extent that any Principal amount of this Note is converted prior to such Installment Date, accrued and unpaid Interest with respect to such converted Principal amount and accrued and unpaid Late Charges with respect to such Principal and Interest shall be paid through the Conversion Date (as defined below) on the next succeeding Installment Date to the record holder of this Note on the applicable Interest Conversion Date, in cash ("CASH INTEREST"). Prior to the payment of Interest on an Interest Installment Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Amount on each Redemption Date in accordance with the terms of this NoteRate. From and after Upon the occurrence and during the continuance of an Event of Default (as defined in Section 3(a))Default, the Interest Rate shall be increased to eighteen fifteen percent (18.015%) per annum). In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default. The Company shall pay any and all taxes that may be payable with respect to the issuance and delivery of Interest Shares; provided, further, provided that for the purpose of this Section 2, such Event of Default Company shall not be deemed cured unless and until -------- required to pay any accrued and unpaid tax that may be payable in respect of any issuance of Interest shall be paid Shares to any Person other than the Holder, including, without limitation, Holder or with respect to any income tax due by the Holder with respect to such Interest accrued at the increased rate of eighteen percent (18.0%) per annumShares.

INTEREST; INTEREST RATE. Interest on this Note shall accrue commencing commence accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360365-day year and twelve 30-day months actual days elapsed and shall be payable in arrears for each calendar month during the period beginning on the first Business Day of each calendar month following the Issuance Date and ending on, and including, the Maturity Date, on the six (6) month anniversary of the Issuance Date, on the twelve (12) month anniversary of the Issuance Date, on the eighteen (18) month anniversary of the Issuance Date, on the twenty-four (24) month anniversary of the Issuance Date, on the thirty (30) month anniversary of the Issuance Date, on the thirty six (36) month anniversary of the Issuance Date, on the forty two (42) month anniversary of the Issuance Date, on the forty eight (48) month anniversary of the Issuance Date, on the fifty-four (54) month anniversary of the Issuance Date, on the sixty (60) month anniversary of the Issuance Date and on the Maturity Date (if the Maturity Date is not the sixty month anniversary of the Issuance Date) (each, an “Interest Date”). Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date Date, to the record holder of this Note on the applicable Interest Date. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Amount on each Redemption Date in accordance with the terms of this Notecash (“Cash Interest”). From and after the occurrence and during the continuance of an Event of Default, a Listing Default (as defined in Section 3(a))or an Initial Listing Default, the Interest Rate shall be increased to eighteen percent 10% (18.0%) per annumthe “Default Interest”). In the event that such Event of Default, Listing Default or Initial Listing Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest . The Company shall be paid required to the Holder, including, without limitation, pay all Default Interest accrued at the increased rate of eighteen percent (18.0%) per annumin cash.”

INTEREST; INTEREST RATE. Interest on this Note shall accrue commencing commence accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360365-day year and twelve 30-day months actual days elapsed and shall be payable in arrears for each calendar month on the first Business Day last day of each calendar month following March, June, September and December (the period of such accruing interest being referred to as an “Interest Period”) during the period beginning on the Issuance Date and ending on, and including, the Maturity Date (each, an “Interest Date”)) with the first Interest Date being March 31, 2005. Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date for the applicable Interest Period, to the record holder of this Note on the applicable Interest Date, entirely in cash (“Cash Interest”) or, at the option of the Company, entirely by increasing the amount of Principal outstanding under this Note (“Accreted Interest”); provided that the Interest which accrued during any period shall be payable as Accreted Interest if, and only if, the Company delivers written notice of such election (each, an “Interest Election Notice”) to each holder of the Notes at least twenty (20) Business Days prior to the applicable Interest Date (each, an “Interest Election Date”). Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Conversion Amount on each Redemption Date in accordance with the terms of this NoteSection 3(b)(i). From and after the occurrence and during the continuance of If an Event of Default (as defined in Section 3(a)), the Interest Rate shall be increased to eighteen percent (18.0%) per annum. In the event that occurs and such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence Section 29(xix)(6) shall cease to be effective as of the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annum.

INTEREST; INTEREST RATE. Interest on this Note shall accrue commencing at the applicable Interest Rate and shall commence accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “and Interest Rate”) and shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in cash to the record Holder in arrears for each calendar month on the first Business Day March 15, June 15, September 15 and December 15 of each calendar month following year, beginning with March 15, 2017 and ending on the Issuance Date repayment of the Note; provided, however, that the Company shall make the December 15, 2019 interest payment on December 16, 2019 as follows: (eachx) 50% of such payment shall be made in cash and (y) 50% of such payment shall be made through the issuance of an additional Note to the Holder within two (2) Business Days of such date in the form attached to the Additional Purchase Agreement (with such changes thereto as contemplated by the Senior Secured Note Amendment Agreement No. 1 dated as of December 16, an 2019) with a Principal amount equal thereto; it being understood that such additional Note shall be deemed a Note issued under the Additional Purchase Agreement (each a “Interest DatePIK Note”). Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date to the record holder of this Note on the applicable Interest Date. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Amount on each Redemption Date in accordance with the terms of this Note. From and after the occurrence and during the continuance of an any Event of Default Default, the applicable Interest Rate shall automatically be increased by two percent (as defined in Section 3(a)), 2%) per annum above the Interest Rate otherwise applicable in accordance with the terms hereof, and all such interest shall be increased to eighteen percent (18.0%) per annumpayable on demand. In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure of such Event of Default; provided, further, that for the purpose of . Any payments made pursuant to this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest 2 shall be paid applied pro rata to the Holder, including, without limitation, Interest accrued at Note and the increased rate of eighteen percent (18.0%) per annumOther Notes in accordance with the respective Principal amounts thereof.”

INTEREST; INTEREST RATE. (a) Interest on this Note shall accrue commencing commence accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360-day year and comprised of twelve 30-thirty day months and shall be payable in arrears for each calendar month semi-annually on February 28th and August 31st during the first Business Day of each calendar month following period beginning on the Issuance Date and ending on, and including, the Maturity Date or the Conversion Date, as the case may be (each, an the “Interest Date”). Subject to the conversion of the accrued and unpaid Interest into Conversion Shares pursuant to Section 8 hereof, Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by on the Holder in writing to the Company on each Interest Date to the record holder of this Note on the applicable Interest Date. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Amount on each Redemption Date in accordance with the terms of this Note. cash. (b) From and after the occurrence and during the continuance of an Event of Default (as defined in Section 3(a))Default, the Interest Rate shall be increased to eighteen percent (18.0%) 10% per annum, or the maximum rate permissible by law, whichever is less. In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default; provided. (c) Notwithstanding any provision in this Note to the contrary, furtherthrough the Maturity Date, that for at the purpose option of the Company in lieu of paying in cash the interest accrued to any Interest Date, any accrued but unpaid interest shall be capitalized and added as of such Interest Date to the principal amount of this Section 2Note (the “PIK Amount”). Such PIK Amount shall bear interest from the applicable Interest Date at the same rate per annum and be payable in the same manner as in the case of the original principal amount of this Note and shall otherwise be treated as principal of this Note for all purposes. From and after each Interest Date, such Event the principal amount of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid this Note shall, including with respect to Conversion Amount, without further action on the part of the Company or the Holder, including, without limitation, Interest accrued at be deemed to be increased by the increased rate of eighteen percent (18.0%) per annumPIK Amount so capitalized and added to principal in accordance with the provisions hereof.

INTEREST; INTEREST RATE. Interest on this Note shall accrue commencing commence accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360365-day year and twelve 30-day months actual days elapsed and shall be payable payable, as adjusted pursuant to Section 25(a), in arrears for on (i) the last day of each calendar month Quarterly Period from the Issuance Date to the 1st anniversary of the Issuance Date, (ii) the last day of each Monthly Period from the 1st anniversary of the Issuance Date thereafter to the Maturity Date, and (iii) on the first Business Day of each calendar month following the Issuance Maturity Date (each, an “Interest Date”)) with the first Interest Date being __________, 2016. Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date in cash, to the record holder of this Note on the applicable Interest Date. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Conversion Amount on each Redemption Date (as defined below) in accordance with the terms of this NoteSection 3(b)(i). From and after the occurrence and during the continuance of an Event of Default (as defined in Section 3(a))Default, the Interest Rate shall be increased to eighteen by four percent (18.04%) per annum. In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annum.

INTEREST; INTEREST RATE. (a) This Note shall not bear Interest on except upon the occurrence (and during the continuance) of a Triggering Event (as defined below), in which case this Note shall accrue commencing accruing on the Issuance Date bear interest at a rate of five three percent (5.03.0%) per annum (the “Interest Triggering Event Rate”) of the then outstanding Principal. In the event that such Triggering Event is subsequently cured or waived in accordance with the terms of this Note (and no other Triggering Event then exists (including for the Company’s failure to pay such Interest at the Triggering Event Rate on the applicable Interest Date (as defined below))), Interest hereunder shall cease to accrue as of the calendar day immediately following the date of such cure or waiver; provided that the Interest as calculated and unpaid during the continuance of such Triggering Event shall continue to apply to the extent relating to the days after the occurrence of such Triggering Event through and including the date of such cure or waiver of such Triggering Event. (b) Interest on this Note shall (i) commence accruing upon the occurrence of a Triggering Event, (ii) be computed on the basis of a 360-day year and twelve 30-day months and shall months, (iii) compound each calendar month, (iv) be payable in arrears for each calendar month on the first Business Trading Day of each such calendar month following the Issuance Date in which Interest accrues hereunder (each, an “Interest Date”)) in accordance with the terms of this Note and (v) if unpaid on an Interest Date, shall compound on such Interest Date. Interest shall be payable paid on such Interest Date, at the option of the Company, in cash or by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date to the record holder of this Note on the applicable Interest DatePIK. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the such Interest in the Outstanding Conversion Amount (as defined below) on each Redemption Conversion Date (as defined below) in accordance with the terms of this Note. From and after the occurrence and during the continuance of an Section 3(b)(i) or upon any redemption in accordance with Section 11 or any required payment upon any Bankruptcy Event of Default (as defined in Section 3(a4(a) below). (c) For purposes of the Interest Act (Canada), (i) whenever any Interest under this Note is calculated using a rate based on a year of 360 days the rate determined pursuant to such calculation, when expressed as an annual rate, is equivalent to (x) the applicable rate based on a year of 360 days (y) multiplied by the actual number of days in the calendar year in which the period for which such Interest Rate is payable (or compounded) ends, and (z) divided by 360, (ii) the principle of deemed reinvestment of interest does not apply to any Interest calculation under this Note, and (iii) the rates of Interest stipulated in this Note are intended to be nominal rates and not effective rates or yields. (d) If any provision of this Note or of any of the other Transaction Documents would obligate any Note Party to make any payment of Interest or other amount payable to the Holder in an amount or calculated at a rate which would be prohibited by Applicable Law or would result in a receipt by the Holder of interest at a criminal rate (as such terms are construed under the Criminal Code (Canada)) then, notwithstanding such provisions, such amount or rate shall be increased deemed to eighteen percent (18.0%) per annum. In have been adjusted with retroactive effect to the event that maximum amount or rate of interest, as the case may be, as would not be so prohibited by Applicable Law or so result in a receipt by the Holder of interest at a criminal rate, such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; providedeffected, that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating necessary, as follows: firstly, by reducing the amount or rate of interest required to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to the HolderHolder under the applicable Transaction Document, includingand thereafter, without limitationby reducing any fees, Interest accrued at commissions, premiums and other amounts required to be paid to the increased rate Holder which would constitute “interest” for purposes of eighteen percent Section 347 of the Criminal Code (18.0%) per annumCanada).

INTEREST; INTEREST RATE. (a) Interest on this Note shall accrue commencing commence accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in arrears for on each Interest Date and shall compound each calendar month on and shall be payable in accordance with the first Business Day terms of each calendar month following the Issuance Date (each, an “Interest Date”)this Note. Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company paid (i) on each Interest Date to occurring on an Installment Date in accordance with Section 8 as part of the record holder of this Note applicable Installment Amount due on the applicable Installment Date and (ii) with respect to each other Interest Date. , on such Interest Date in cash. (b) Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate Rate. Accrued and unpaid Interest on this Note shall be payable by way of inclusion of the Interest included in the Outstanding Conversion Amount on each Redemption Conversion Date in accordance with the terms Section 3(b)(i) or upon any redemption in accordance with Section 11 or any required payment upon any Bankruptcy Event of this NoteDefault. From and after the occurrence and during the continuance of any Event of Default (regardless of whether the Company has delivered an Event of Default (as defined in Section 3(a)Notice to the Holder or if the Holder has delivered an Event of Default Redemption Notice to the Company or otherwise notified the Company that an Event of Default has occurred), the Interest Rate shall automatically be increased to eighteen fifteen percent (18.015.0%) per annumannum (the “Default Rate”). In the event that such Event of Default is subsequently curedcured or waived in writing by the Holder (and no other Event of Default then exists (including, without limitation, for the Company’s failure to pay such Interest at the Default Rate on the applicable Interest Date, unless waived in writing by the Holder)), the adjustment referred to in the preceding sentence shall cease to be effective as of the calendar day immediately following the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure or waiver of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to waived in writing by the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annum.

INTEREST; INTEREST RATE. Interest on this Convertible Note shall accrue commencing commence accruing on the Issuance Amendment Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360365-day year and twelve 30-day months actual days elapsed and shall be payable in arrears for each calendar month on August 31, 2008 and the first Business Day of each calendar month following the Issuance Maturity Date (eachthe period of such accruing interest being referred to as an “Interest Period” and each such date, an “Interest Date”); provided, that accrued and unpaid Interest on this Convertible Note in an amount equal to $[ ] shall be paid to the Holder on or prior to June 30, 2008 (any such date for purposes hereof, also an Interest Date). Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date for the applicable Interest Period, to the record holder of this Convertible Note on the applicable Interest Date, entirely in cash. Prior to the payment of Interest on an Interest Date, Interest on this Convertible Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Conversion Amount on each Redemption Date in accordance with the terms of this NoteSection 3(b)(i). From and after the occurrence and during the continuance of If an Event of Default (as defined in Section 3(a)), the Interest Rate shall be increased to eighteen percent (18.0%) per annum. In the event that occurs and such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence Section 29(xxi) shall cease to be effective as of the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annum.

INTEREST; INTEREST RATE. (a) Interest on this Note shall accrue commencing commence accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the Outstanding Principal Value of this Note and on basis of a 360-day year and twelve 30-day months and shall be payable in arrears for on each Interest Date and shall compound each calendar month on and shall be payable in accordance with the first Business Day terms of each calendar month following the Issuance Date (each, an “Interest Date”)this Note. Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company paid (i) on each Interest Date to occurring on an Installment Date in accordance with Section 8 as part of the record holder of this Note applicable Installment Amount due on the applicable Installment Date and (ii) with respect to each other Interest Date. , on such Interest Date in cash. (b) Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Conversion Amount on each Redemption Conversion Date in accordance with the terms Section 3(b)(i) or upon any redemption in accordance with Section 13 or any required payment upon any Bankruptcy Event of this NoteDefault. From and after the occurrence and during the continuance of any Event of Default (regardless of whether the Company has delivered an Event of Default (as defined in Section 3(a)Notice to the Holder or if the Holder has delivered an Event of Default Redemption Notice to the Company or otherwise notified the Company that an Event of Default has occurred), the Interest Rate shall automatically be increased to eighteen fifteen percent (18.015.0%) per annumannum (the “Default Rate”). In the event that such Event of Default is subsequently curedcured (and no other Event of Default then exists, including, without limitation, for the Company’s failure to pay such Interest at the Default Rate on the applicable Interest Date), the adjustment referred to in the preceding sentence shall cease to be effective as of the calendar day immediately following the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annum.

INTEREST; INTEREST RATE. Interest on this Note shall accrue commencing at the applicable Interest Rate and shall commence accruing on the Issuance Date at a rate of five percent (5.0%) per annum (the “and Interest Rate”) and shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in cash to the record Holder in arrears for each calendar month on the first Business Day March 15, June 15, September 15 and December 15 of each calendar month following year, beginning with March 15, 2017 and ending on the Issuance Date repayment of the Note; provided, however, that the Company shall make the December 15, 2019 interest payment on December 16, 2019 as follows: (eachx) 50% of such payment shall be made in cash and (y) 50% of such payment shall be made through the issuance of an additional Note to the Holder within two (2) Business Days of such date in the form attached to the Purchase Agreement (with such changes thereto as contemplated by the Senior Secured Note Amendment Agreement No. 1 dated as of December 16, an 2019) with a Principal amount equal thereto; it being understood that such additional Note shall be deemed a Note issued under the Purchase Agreement (each a “Interest DatePIK Note”). Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date to the record holder of this Note on the applicable Interest Date. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Amount on each Redemption Date in accordance with the terms of this Note. From and after the occurrence and during the continuance of an any Event of Default Default, the applicable Interest Rate shall automatically be increased by two percent (as defined in Section 3(a)), 2%) per annum above the Interest Rate otherwise applicable in accordance with the terms hereof, and all such interest shall be increased to eighteen percent (18.0%) per annumpayable on demand. In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure of such Event of Default; provided, further, that for . Any payments made pursuant to this Section 2 shall be applied pro rata to the purpose Note and the Other Notes in accordance with the respective Principal amounts thereof.” 2.5 Section 2 of this the Notes issued under the Additional Purchase Agreement is hereby amended by deleting Section 2 in its entirety and inserting in its place the following new Section 2, such Event of Default which shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annum.read in its entirety as follows:

INTEREST; INTEREST RATE. (a) Interest on this Note shall accrue commencing commence accruing on the Issuance Exchange Date at a rate of five percent (5.0%) per annum (the “Interest Rate”) and shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in arrears for on each Interest Date and shall compound each calendar month on and shall be payable in accordance with the first Business Day terms of each calendar month following the Issuance Date (each, an “Interest Date”)this Note. Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company paid on each Interest Date to the record holder of this Note on the applicable Interest Date. in cash. (b) Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Conversion Amount on each Redemption Conversion Date in accordance with the terms Section 3(b)(i) or upon any redemption in accordance with Section 12 or any required payment upon any Bankruptcy Event of this NoteDefault. From and after the occurrence and during the continuance of an any Event of Default (as defined in Section 3(a))Default, the Interest Rate shall automatically be increased to eighteen twelve percent (18.012.0%) per annumannum (the “Default Rate”). In the event that such Event of Default is subsequently curedcured (and no other Event of Default then exists, including, without limitation, for the Company’s failure to pay such Interest at the Default Rate on the applicable Interest Date), the adjustment referred to in the preceding sentence shall cease to be effective as of the calendar day immediately following the date of such cure; provided, provided that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of such cure of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annum.

INTEREST; INTEREST RATE. (a) This Note was issued with original issue discount as described in the Securities Purchase Agreement. This Note shall not bear Interest on except upon the occurrence (and during the continuance) of an Triggering Event (as defined below), in which case this Note shall accrue commencing accruing on the Issuance Date bear interest at a rate of five eighteen percent (5.018.0%) per annum (the “Interest Triggering Event Rate”) of the then outstanding Principal. In the event that such Triggering Event is subsequently cured or waived in accordance with the terms of this Note (and no other Triggering Event then exists (including, without limitation, for the Company’s failure to pay such Interest at the Triggering Event Rate on the applicable Interest Date (as defined below))), Interest hereunder shall cease to accrue as of the calendar day immediately following the date of such cure or waiver; provided that the Interest as calculated and unpaid during the continuance of such Triggering Event shall continue to apply to the extent relating to the days after the occurrence of such Triggering Event through and including the date of such cure or waiver of such Triggering Event. (b) Interest on this Note shall (i) commence accruing upon the occurrence of an Triggering Event, (ii) be computed on the basis of a 360-day year and twelve 30-day months and shall months, (iii) compound each calendar month, (iv) be payable in arrears for each calendar month on the first Business Trading Day of each such calendar month following the Issuance Date in which Interest accrues hereunder (each, an “Interest Date”)) in accordance with the terms of this Note and (v) if unpaid on an Interest Date, shall compound on such Interest Date. Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company paid on each such Interest Date to the record holder of this Note on the applicable Interest Dateby PIK (as defined below). Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the such Interest in the Outstanding Conversion Amount (as defined below) on each Redemption Conversion Date (as defined below) in accordance with the terms of this Note. From and after the occurrence and during the continuance of an Section 3(b)(i) or upon any redemption in accordance with Section 11 or any required payment upon any Bankruptcy Event of Default (as defined in Section 3(a4(a) below)), the Interest Rate shall be increased to eighteen percent (18.0%) per annum. In the event that such Event of Default is subsequently cured, the adjustment referred to in the preceding sentence shall cease to be effective as of the date of such cure; provided, that the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default shall continue to apply to the extent relating to the days after the occurrence of such Event of Default through and including the date of cure of such Event of Default; provided, further, that for the purpose of this Section 2, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annum.

INTEREST; INTEREST RATE. Interest on (a) So long as no Event of Default has occurred and is continuing, the outstanding Principal balance of this Note shall accrue commencing accruing on Interest from the Issuance Date through October 31, 2019 (the “First Interest Rate Period”), at a the rate of five six percent (5.06.0%) per annum (the “Interest Rate”) and shall be computed based on the basis of a 360-day year and twelve 30-day months and the actual number of days elapsed in any partial year) (the “First Interest Rate”). The Interest accruing during the First Interest Rate Period shall be payable paid quarterly in arrears for each calendar month in cash, commencing on December 31, 2018, and as of the first Business Day last day of each calendar month following the Issuance Date (each, an “Interest Date”)quarter thereafter. Interest shall be payable in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on each Interest Date to the record holder of this Note on the applicable Interest Date. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the Interest Rate and be payable by way of inclusion of the Interest in the Outstanding Amount on each Redemption Date in accordance with the terms of this Note. From and after the occurrence and during During the continuance of an Event of Default, Interest shall be calculated at the Default (Rate as defined set forth in Section 3(a)2(c) below. (b) So long as no Event of Default has occurred and is continuing, the outstanding Principal balance of this Note shall accrue Interest from and after the end of the First Interest Rate Period through the Maturity Date (the “Second Interest Rate Period”), at the rate of eight percent (8.0%) per annum (based on a 360-day year and the actual number of days elapsed in any partial year) (the “Second Interest Rate”). The Interest accruing during the Second Interest Rate Period shall be paid quarterly in arrears in cash. During the continuance of an Event of Default, Interest shall be calculated at the Default Rate as set forth in Section 2(c) below. (c) From and after the date that an Event of Default has occurred and while it is continuing, the First Interest Rate or the Second Interest Rate, whichever is then applicable, shall be increased to eighteen by two percent (18.02.0%) per annumand otherwise applied consistently with the provisions of Sections 2(a) and 2(b) (the “Default Rate”). (d) Notwithstanding any other provision of this Note, the aggregate annual interest rate payable with respect to this Note (including all charges and fees deemed to be interest pursuant to applicable law) shall not exceed the maximum annual rate permitted by applicable law. In the event that such Event of Default is subsequently curedthe aggregate annual interest rate payable with respect to this Note (including all charges and fees deemed to be interest under applicable laws) exceeds the maximum legal rate, the adjustment referred Company shall only pay Interest to in the preceding sentence shall cease to be effective as of Holder at the date of such cure; provided, that maximum permitted rate and the Interest as calculated and unpaid at such increased rate during the continuance of such Event of Default Company shall continue to apply make such Interest payments at the maximum permitted rate until all amounts, fees and obligations required to be paid hereunder have been paid in full. (e) This Note is one of a series of notes issued by the Company pursuant to the extent relating Note Purchase Agreement containing substantially identical terms and conditions. Such Notes are referred to herein as the “Notes ,” and the holders thereof (including the Holder) are referred to herein as the “Investors.” The right of an Investor to receive payments of Principal and Interest under this Note shall be pari passu with the rights of the other Investors to receive payments of Principal and Interest under their respective Notes, and the Company covenants that any payments made by it with respect to the days after Notes shall be made pro rata among the occurrence Investors determined based on the ratio of such Event the outstanding balance of Default through Principal and including Interest under each Note divided by the date aggregate outstanding balance of cure of such Event of Default; provided, further, that for Principal and Interest under all Notes. By the purpose Holder’s acceptance of this Section 2Note, such Event of Default shall not be deemed cured unless and until any accrued and unpaid Interest shall be paid the Holder agrees to the Holder, including, without limitation, Interest accrued at the increased rate of eighteen percent (18.0%) per annumforegoing.