Common use of Interest Rate and Payments Clause in Contracts

Interest Rate and Payments. Subject to Sections 5.3 and 6.7 hereof, interest payable on this Note shall accrue at a rate per annum equal to the "prime rate" published in The Wall Street Journal from time to time, plus five (5%) (the "Contract Rate"). The Prime Rate shall be increased or decreased as the case may be for each increase or decrease in the Prime Rate in an amount equal to such increase or decrease in the Prime Rate; each change to be effective as of the day of the change in such rate in accordance with the terms of the Security Agreement. Subject to the immediately following sentence, the Contract Rate shall not be less than nine percent (9%). The Contract Rate shall be adjusted as follows: if (i) the Company shall have registered the shares of the Company's common stock underlying the conversion of this Note and that certain warrant issued to Holder of even date herewith on a registration statement declared effective by the Securities Exchange Commission, and (ii) the volume weighted average price of the Common Stock as reported by Bloomberg, L.P. on the principal market for any of the ten (10) trading days immediately preceding a Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price by twenty five percent (25%), the Contract Rate for the succeeding calendar month shall automatically be reduced by twenty five basis points (25 b.p.) for such period. In no event shall the Contract Rate be less than 0.00%. Interest shall be payable monthly in arrears commencing on May 1, 2004 and on the first day of each consecutive calendar month thereafter, (each, an "Interest Payment Date").

Interest Rate and Payments. Subject to Sections 5.3 and 6.7 hereof, interest payable on this Note shall accrue at a rate per annum equal to the "prime rate" published in The Wall Street Journal from time to time, plus five three (53.00%) (the "Contract Rate"). The Prime Rate shall be increased or decreased as the case may be for each increase or decrease in the Prime Rate in an amount equal to such increase or decrease in the Prime Rate; each change to be effective as of the day of the change in such rate in accordance with the terms of the Security Agreement. Subject to the immediately following sentence, the Contract Rate shall not be less than nine seven percent (97.00%). The Contract Rate shall be adjusted as follows: if if (i) the Company Borrower shall have registered the shares of the CompanyBorrower's common stock underlying the conversion of this Note and that certain warrant issued to Holder of even date herewith on a registration statement declared effective by the Securities Exchange Commission, and (ii) the volume weighted average price of the Common Stock as reported by Bloomberg, L.P. on the principal market for any of the ten (10) trading days immediately preceding a Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price by twenty five percent (25%), the Contract Rate for the succeeding calendar month shall automatically be reduced by twenty five basis points (25 b.p.) for such period. In no event shall the Contract Rate be less than 0.00%. Interest shall be payable monthly in arrears commencing on May 1February 2, 2004 and on the first day of each consecutive calendar month thereafter, (each, an "Interest Payment Date").

Interest Rate and Payments. Subject to Sections 5.3 and 6.7 hereof, interest payable on this Note shall accrue at a rate per annum equal to the "prime rate" published in The Wall Street Journal from time to time, plus five two and one half percent (52.5%) (the "Contract Rate"). The Prime Contract Rate shall be increased or decreased as the case may be for each increase or decrease in the Prime Rate in an amount equal to such increase or decrease in the Prime Rate; each change to be effective as of the day of the change in such rate in accordance with the terms of the Security Agreement. Subject to the immediately following sentence, the Contract Rate shall not be less than nine six and one half percent (96.5 %). The Contract Rate shall be adjusted as follows: if (i) the Company shall have registered the shares of the Company's common stock underlying the conversion of this Note and that certain warrant issued to Holder of even date herewith on a registration statement declared effective by the Securities Exchange Commission, and (ii) the volume weighted average price of the Common Stock as reported by Bloomberg, L.P. on the principal market for any of the ten (10) trading days immediately preceding a Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price by twenty five percent (25%), the Contract Rate for the succeeding calendar month shall automatically be reduced by twenty five basis points (25 b.p.) for such period. In no event shall the Contract Rate be less than 0.00%. Interest shall be payable monthly in arrears commencing on May March 1, 2004 and on the first day of each consecutive calendar month thereafter, (each, an "Interest Payment Date").

Interest Rate and Payments. Subject to Sections 5.3 and 6.7 hereof, interest payable on this Note shall accrue at a rate per annum equal to the "“prime rate" ” published in The Wall Street Journal from time to time, plus five two percent (52.00%), but in no event less than six percent (6%) per annum (the "“Contract Rate"”). The Prime Rate shall be increased or decreased as the case may be for each increase or decrease in the Prime Rate in an amount equal to such increase or decrease in the Prime Rate; each change to be effective as of the day of the change in such rate in accordance with the terms of the Security Agreement. Subject to the immediately following sentence, the Contract Rate shall not be less than nine percent (9%). The Contract Rate shall be further adjusted from time to time as follows: if if (i) the Company Borrower shall have registered the shares of the Company's Borrower’s common stock underlying the conversion of this Note and that certain warrant issued to Holder of even date herewith on a registration statement declared effective by the Securities Exchange Commission, and (ii) the volume weighted average price of the Common Stock as reported by Bloomberg, L.P. on the principal market Principal Market for any of the ten (10) trading days immediately preceding a Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price by twenty five a multiple of at least fifteen percent (2515%), then the Contract Rate for the succeeding calendar month shall automatically be reduced by twenty five basis points (25 b.p.) for such period. In no event shall the Contract Rate be less than 0.00period for each such multiple of fifteen percent (15%). Interest shall be payable monthly in arrears commencing on May January 1, 2004 and on the first day of each consecutive calendar month thereafter, (each, an "“Interest Payment Date"”).

Interest Rate and Payments. Subject to Sections 5.3 and 6.7 hereof, interest payable on this Note shall accrue at a rate per annum equal to the "prime rate" published in The Wall Street Journal from time to time, plus five three percent (53 %) (the "Contract Rate"). The Prime Rate shall be increased or decreased as the case may be for each increase or decrease in the Prime Rate in an amount equal to such increase or decrease in the Prime Rate; each change to be effective as of the day of the change in such rate in accordance with the terms of the Security Agreement. Subject to the immediately following sentence, the Contract Rate shall not be less than nine seven percent (97.00%). The Contract Rate shall be adjusted as follows: if if (i) the Company Borrower shall have registered the shares of the CompanyBorrower's common stock underlying the conversion of this Note all currently issued and outstanding Minimum Borrowing Notes and that certain warrant issued to Holder of even date herewith on a registration statement declared effective by the Securities Exchange Commission, and (ii) the volume weighted average price of the Common Stock as reported by Bloomberg, L.P. on the principal market for any of the ten (10) trading days immediately preceding a an Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price by twenty five percent (25%), the Contract Rate for the succeeding calendar month shall automatically be reduced by twenty five basis points (25 b.p.) for such period. In no event shall the Contract Rate be less than 0.00%. Interest shall be payable monthly in arrears commencing on May 1February 2, 2004 and on the first day of each consecutive calendar month thereafter, (each, an "Interest Payment Date").

Interest Rate and Payments. Subject to Sections 5.3 and 6.7 hereof, interest payable on this Note shall accrue at a rate per annum equal to the "prime rate" published in The Wall Street Journal THE WALL STREET JOURNAL from time to time, plus five three percent (53%) (the "Contract RateCONTRACT RATE"). The Prime Rate shall be increased or decreased as the case may be for each increase or decrease in the Prime Rate in an amount equal to such increase or decrease in the Prime Rate; each change to be effective as of the day of the change in such rate in accordance with the terms of the Security Agreement. Subject to the immediately following sentence, the Contract Rate shall hall not be less than nine seven percent (97%). The Contract Rate shall be adjusted as follows: if (i) the Company shall have registered the shares of the Company's common stock underlying the conversion of this Note all currently issued and outstanding Minimum Borrowing Notes and that certain warrant issued to Holder of even date herewith on a registration statement declared effective by the Securities Exchange Commission, and (ii) the volume weighted average price of the Common Stock as reported by Bloomberg, L.P. on the principal market for any of the ten (10) trading days immediately preceding a Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price by twenty five percent (25%), the Contract Rate for the succeeding calendar month shall automatically be reduced by twenty five basis points (25 b.p.) for such period. In period PROVIDED, HOWEVER, that in no event shall will the Contract Rate hereunder be reduced to less than 0.00%. Interest shall be payable monthly in arrears commencing on May December 1, 2004 2003 and on the first day of each consecutive calendar month thereafter, (each, an "Interest Payment DateINTEREST PAYMENT DATE").

Interest Rate and Payments. Subject to Sections 5.3 and 6.7 hereof, interest payable on this Note shall accrue at a rate per annum (the "Contract Rate") equal to the "prime rate" published in The Wall Street Journal THE WALL STREET JOURNAL from time to time, plus five two percent (52.00%), but in no event less than six percent (6%) (the "Contract Rate")per annum. The Prime Rate prime rate shall be increased or decreased as the case may be for each increase or decrease in the Prime Rate in an amount equal to such increase or decrease in the Prime Rateprime rate; each change to be effective as of the day of the change in such rate in accordance with the terms of the Security Agreement. Subject to the immediately following sentence, the Contract Rate shall not be less than nine percent (9%). The Contract Rate shall be further adjusted from time to time as follows: if if (i) the Company Borrower shall have registered the shares of the CompanyBorrower's common stock underlying the conversion of this each applicable Minimum Borrowing Note and that certain warrant issued to Holder of even date herewith on a registration statement declared effective by the Securities Exchange Commission, and (ii) the volume weighted average price of the Common Stock as reported by Bloomberg, L.P. on the principal market Principal Market for any of the ten (10) trading days immediately preceding a an Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price by twenty five a multiple of at least fifteen percent (2515%), then the Contract Rate for the succeeding calendar month shall automatically be reduced by twenty five basis points (25 b.p.) for such period. In no event shall the Contract Rate be less than 0.00period for each such multiple of fifteen percent (15%). Interest shall be payable monthly in arrears commencing on May January 1, 2004 and on the first day of each consecutive calendar month thereafter, thereafter (each, an "Interest Payment Date").