Interest Make Whole. In the event that this Debenture is converted or redeemed (including via An Event of Default) prior to the Maturity Date, the Company shall pay to the Holder, in addition to any other amounts then owed, in cash upon such conversion or redemption, an amount in interest equal to the amount of interest that would otherwise have been payable if this Debenture had been held until the Maturity Date.
Interest Make Whole. Upon the conversion of all of this Debenture prior to the Maturity Date, the Holder shall be entitled to receive all interest which would have accrued on the principal amount being converted after the date of such conversion, in any combination of cash or ADSs at the Company’s election and in accordance with the procedures set forth in Section 2(a) (the “Make-Whole Payment”). Notwithstanding anything in Section 2(a) to the contrary, in the event all of this Debenture is converted prior to the Maturity Date, the Company shall make the Make-Whole Payment within three (3) Trading Days of such conversion. In addition to the foregoing, upon the partial conversion of this Debenture prior to the Maturity Date, the Holder shall be entitled to receive all accrued and unpaid interest plus the interest which would have accrued on the principal amount being converted after the date of such conversion, in any combination of cash or ADSs at the Company’s election and in accordance with the procedures set forth in Section 2(a) (the “Partial Make-Whole Payment”). Notwithstanding anything in Section 2(a) to the contrary, in the event a portion of this Debenture is converted prior to the Maturity Date, the Company shall make the Partial Make-Whole Payment within three (3) Trading Days of such conversion. For example, if the Holder converts $100,000 in principal amount of this Debenture on the five (5) month anniversary of the Original Issue Date, the Partial Make Whole Payment shall equal to all accrued but unpaid interest and thirty-one (31) months of interest that would have accrued on the converted principal had such principal not been converted prior to the Maturity Date.
Interest Make Whole. In the event that this Note is converted, prepaid and/or accelerated whether as a result of an Event of Default or otherwise prior to the Maturity Date, the Company shall pay to the Holder, in addition to any other amounts then owed, upon such conversion, prepayment, and/or acceleration, an amount in interest equal to the amount of interest on the principal amount so converted, prepaid and/or accelerated that would otherwise have been payable if such principal amount had remained outstanding until the Maturity Date.
Interest Make Whole. If upon full repayment of the Obligations, the aggregate amount of interest accrued on the Notes (whether paid at the time of full repayment of the Obligations or previously) is less than the Minimum Interest Amount, the Borrower shall pay to the Buyer an amount equal to such shortfall.
Interest Make Whole. In connection with any conversion pursuant to this Section 4, the Borrower shall make an interest make-whole payment (an “Interest Make-Whole Payment”) to the Holder equal to the remaining scheduled payments of interest that would have been made on the portion of this Note to be converted had such portion of this Note remained outstanding from the Conversion Date through the Maturity Date as of the Conversion Date. The Borrower will satisfy its obligation to pay any Interest Make-Whole Payment, at its election, in cash or, subject to satisfaction of the Equity Payment Conditions and the limitations set forth in Section 5, in shares of Common Stock (together with cash in lieu of any fractional share as set forth in Section 4(b)(vii)). The Borrower initially elects to settle any Interest Make-Whole Payment in shares of Common Stock (together with cash in lieu of any fractional share as set forth in Section 4(b)(vii)); provided that the Borrower shall be deemed to have elected to settle any Interest Make-Whole Payment in cash to the extent specified in Section 5. In order to change its election to pay any Interest Make-Whole Payment in cash or in Common Shares (together with cash in lieu of any fractional share as set forth in Section 4(b)(vii)), the Borrower must send a notice of such election to the Holder, and such change in election shall become effective for conversions with a Conversion Date more than ten (10) Trading Days following the receipt of such notice by the Holder. If the Borrower makes an Interest Make-Whole Payment in shares of Common Stock, then the number of shares of Common Stock (together with cash in lieu of any fractional share as set forth in Section 4(b)(vii)) that the Holder will receive will be equal to (x) the dollar amount of the Interest Make-Whole Payment owed to the Holder divided by (y) the Amortization/Interest Conversion Price with respect to such Conversion Date.
Interest Make Whole. If Company prepays, for any reason (including any mandatory prepayment pursuant to Section 2.13), all or any part of the principal balance of any Term Loan on or prior to the Term Loan Maturity Date, Company shall also pay to Administrative Agent, for the benefit of all Lenders entitled to a portion of such prepayment the Interest Make-Whole Amount.
Interest Make Whole. Upon any conversion or redemption (other than pursuant to a Holder Optional Redemption) of all or any portion of this Debenture prior to the third anniversary of the Original Issue Date, the Holder shall be entitled to receive the present value of all interest which would have accrued on the principal amount being converted or redeemed after the date of such conversion or redemption if no payment of such principal amount were made prior to such third anniversary of the Original Issue Date, in cash (the “Interest Make-Whole”). The present value of such future-accrued interest shall be calculated by discounting in accordance with accepted financial practice all such future-accruing interest on the principal amount being converted or redeemed from their respective scheduled due dates to the date on which payment on such principal is to be made by the yield-to-maturity interest rate for United States Treasury bills of comparable maturity to the third anniversary of the Original Issue Date as of the applicable conversion date or redemption date, as applicable, as reported in The Wall Street Journal.
