Common use of Interest Rate and Payments Clause in Contracts

Interest Rate and Payments. Subject to Sections 4.3 and 5.7 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 one and three-quarters percent (1.75%) (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 five and three-quarters percent (5.75%). Commencing six months after the Closing Date, 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 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 the Common Stock for the seven (7) trading days immediately preceding an Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price (as hereinafter defined) in such percentages as outlined in the table below, the Contract Rate for the succeeding calendar month shall automatically be adjusted as follows: Contract Rate 130% of the Fixed Conversion Price Prime Rate 150% of the Fixed Conversion Price Prime Rate minus 0.75% 175% of the Fixed Conversion Price Prime Rate minus 2.00% Interest shall be payable monthly in arrears commencing on April 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 4.3 4.9 and 5.7 5.6 hereof, interest payable on this Note shall accrue at a rate per annum (the “Contract Rate”) equal to the “Prime Rateprime rate” published in The Wall Street Journal from time to time, plus one and three-quarters two percent (1.752.00%) ). Interest shall be payable monthly in arrears commencing on December 1, 2005 and on the first day of each consecutive calendar month thereafter (the each, a “Contract RateRepayment Date”), and on the Maturity Date, accelerated or otherwise. The Prime Rate prime rate shall be increased or decreased as the case may be for each increase or decrease in the Prime Rate 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 rate. In no event shall the Contract Rate be less than six percent (6.75%). The Contract Rate shall be calculated on the last business day of each calendar month hereafter (other than for increases or decreases in the Prime Rate which shall be calculated and become effective in accordance with the terms of Section 1.1) until the Security Agreement. Subject to the immediately following sentence, the Contract Rate shall not be less than five Maturity Date (each a “Determination Date”) and three-quarters percent (5.75%). Commencing six months after the Closing Date, the Contract Rate shall be adjusted subject to adjustment as follows: if set forth herein. If (i) the Company shall have registered the shares of the Company’s common stock Common Stock underlying the conversion of all currently issued this Note and outstanding Minimum Borrowing Notes and that certain warrant issued to Holder of even date herewith each Warrant on a registration statement declared effective by the Securities and Exchange CommissionCommission (the “SEC”), and (ii) the volume weighted average market price (the “Market Price”) of the Common Stock as reported by Bloomberg, L.P. on the principal market Principal Market for the Common Stock for the seven five (75) trading days immediately preceding an Interest Payment a Determination Date (defined below) exceeds the then applicable Fixed Conversion Price by at least twenty-five percent (as hereinafter defined) in such percentages as outlined in the table below25%), the Contract Rate for the succeeding calendar month shall automatically be adjusted as follows: reduced by 200 basis points (200 b.p.) (2%) for each incremental twenty-five percent (25%) increase in the Market Price of the Common Stock above the then applicable Fixed Conversion Price. Notwithstanding the foregoing (and anything to the contrary contained herein), in no event shall the Contract Rate 130% of the Fixed Conversion Price Prime Rate 150% of the Fixed Conversion Price Prime Rate minus 0.75% 175% of the Fixed Conversion Price Prime Rate minus 2.00% Interest shall at any time be payable monthly in arrears commencing on April 1, 2004 and on the first day of each consecutive calendar month thereafter, less than zero percent (each, an “Interest Payment Date”0%).

Interest Rate and Payments. Subject to Sections 4.3 5.3 and 5.7 6.7 hereof, interest payable on this Note shall accrue at a rate per annum (the "Contract Rate") equal to the “Prime Rate” "prime rate" published in The Wall Street Journal THE WALL STREET JOURNAL from time to time, plus one and three-quarters two percent (1.752.00%), 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 five and three-quarters percent (5.75%). Commencing six months after the Closing Date, the The Contract Rate shall be further adjusted from time to time as follows: if (i) the Company Borrower shall have registered the shares of the Company’s Borrower's common stock underlying the conversion of all currently issued and outstanding each applicable Minimum Borrowing Notes 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 Common Stock for the seven ten (710) trading days immediately preceding an Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price by a multiple of at least fifteen percent (as hereinafter defined) in such percentages as outlined in the table below15%), then the Contract Rate for the succeeding calendar month shall automatically be adjusted as follows: Contract Rate 130% reduced by twenty five basis points (25 b.p.) for such period for each such multiple of the Fixed Conversion Price Prime Rate 150% of the Fixed Conversion Price Prime Rate minus 0.75% 175% of the Fixed Conversion Price Prime Rate minus 2.00% fifteen percent (15%). Interest shall be payable monthly in arrears commencing on April January 1, 2004 and on the first day of each consecutive calendar month thereafter, thereafter (each, an “"Interest Payment Date”").

Interest Rate and Payments. Subject to Sections 4.3 5.3 and 5.7 6.7 hereof, interest payable on this Note shall accrue at a rate per annum equal to the “Prime Rate” "prime rate" published in The Wall Street Journal THE WALL STREET JOURNAL from time to time, plus one and three-quarters two percent (1.752.00%), but in no event less than six percent (6%) per annum (the “Contract Rate”"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 five and three-quarters percent (5.75%). Commencing six months after the Closing Date, the The Contract Rate shall be further adjusted from time to time as follows: if (i) the Company Borrower shall have registered the shares of the Company’s Borrower's common stock underlying the conversion of all currently issued and outstanding Minimum Borrowing Notes 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 Common Stock for the seven ten (710) trading days immediately preceding an a Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price by a multiple of at least fifteen percent (as hereinafter defined) in such percentages as outlined in the table below15%), then the Contract Rate for the succeeding calendar month shall automatically be adjusted as follows: Contract Rate 130% reduced by twenty five basis points (25 b.p.) for such period for each such multiple of the Fixed Conversion Price Prime Rate 150% of the Fixed Conversion Price Prime Rate minus 0.75% 175% of the Fixed Conversion Price Prime Rate minus 2.00% fifteen percent (15%). Interest shall be payable monthly in arrears commencing on April January 1, 2004 and on the first day of each consecutive calendar month thereafter, (each, an “Interest Payment Date”"INTEREST PAYMENT DATE").

Interest Rate and Payments. Subject to Sections 4.3 5.3 and 5.7 6.7 hereof, interest payable on this Note shall accrue at a rate per annum equal to the “Prime Rate” "PRIME RATE" published in The Wall Street Journal THE WALL STREET JOURNAL from time to time, plus one and three-quarters three percent (1.753%) (the “Contract Rate”"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 five and three-quarters seven percent (5.757%). Commencing six months after the Closing Date, the The Contract Rate shall be adjusted as follows: if (i) the Company shall have registered the shares of the Company’s 's common stock underlying the conversion of all currently issued and outstanding Minimum Borrowing Notes 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 the Common Stock for any of the seven ten (710) trading days immediately preceding an Interest Payment Date (defined below) exceeds the then applicable Fixed Conversion Price (as hereinafter defined) in such percentages as outlined in the table belowby twenty five percent (25%), the Contract Rate for the succeeding calendar month shall automatically be adjusted as follows: reduced by twenty five basis points (25 b.p.) for such period PROVIDED, HOWEVER, that in no event will the Contract Rate 130% of the Fixed Conversion Price Prime Rate 150% of the Fixed Conversion Price Prime Rate minus 0.75% 175% of the Fixed Conversion Price Prime Rate minus 2.00% hereunder be reduced to less than 0.00%.. Interest shall be payable monthly in arrears commencing on April December 1, 2004 2003 and on the first day of each consecutive calendar month thereafter, (each, an “Interest Payment Date”"INTEREST PAYMENT DATE").