Common use of Mandatory Redemption at Maturity Clause in Contracts

Mandatory Redemption at Maturity. (A) If any Preferred Share remains outstanding on the Maturity Date, the Company shall redeem such Preferred Share for an amount in cash per Preferred Share (the “Maturity Date Redemption Price”) equal to the Conversion Amount by wire transfer of immediately available funds to an account designated in writing by such Holder. (B) If the Company fails to redeem all of the Preferred Shares outstanding on the Maturity Date by payment of the Maturity Date Redemption Price for each such Preferred Share, then in addition to any remedy such Holder may have under any Transaction Document, (1) the applicable Maturity Date Redemption Price payable in respect of such unredeemed Preferred Shares shall bear interest at the rate of 1.5% per month, prorated for partial months, until paid in full, and (2) any Holder shall have the option to require the Company to convert any or all of such Holder’s Preferred Shares and for which the Maturity Date Redemption Price has not been paid into (on a per Preferred Share basis) shares of Common Stock equal to the number which results from dividing the Maturity Date Redemption Price by the Default Conversion Price. If the Company has failed to pay the Maturity Date Redemption Price in a timely manner as described above, then the Maturity Date shall be automatically extended for any Preferred Shares until the date the Holders receive such shares of Common Stock or Maturity Date Redemption Price and shall be further extended for any Preferred Shares for as long as (x) the conversion of such Preferred Shares would violate the provisions of Section 7 or (y) a Triggering Event or an event that with the passage of time or giving of notice would constitute a Triggering Event shall have occurred and be continuing. (C) Other than as specifically permitted by this Certificate of Designations, the Company may not redeem any of the outstanding Preferred Shares and any unpaid Dividends thereon.

Mandatory Redemption at Maturity. (A) If any Preferred Share remains outstanding on the Maturity Date, the Company shall redeem such Preferred Share for an amount in cash per Preferred Share (the “"Maturity Date Redemption Price”") equal to the Conversion Amount by wire transfer of immediately available funds to an account designated in writing by such Holder. (B) If the Company fails to redeem all of the Preferred Shares outstanding on the Maturity Date by payment of the Maturity Date Redemption Price for each such Preferred Share, then in addition to any remedy such Holder may have under any Transaction Documentthe Investors Rights Agreement, (1) the applicable Maturity Date Redemption Price payable in respect of such unredeemed Preferred Shares shall bear interest at the rate of 1.5% per month, prorated for partial months, until paid in full, and (2) any Holder shall have the option to require the Company to convert any or all of such Holder’s 's Preferred Shares and for which the Maturity Date Redemption Price has not been paid into (on a per Preferred Share basis) shares of Common Stock equal to the number which results from dividing the Maturity Date Redemption Price by the Default Conversion Price. If the Company has failed to pay the Maturity Date Redemption Price in a timely manner as described above, then the Maturity Date shall be automatically extended for any Preferred Shares until the date the Holders receive such shares of Common Stock or Maturity Date Redemption Price and shall be further extended for any Preferred Shares for as long as (x) the conversion of such Preferred Shares would violate the provisions of Section 7 or (y) a Triggering Event or an event that with the passage of time or giving of notice would constitute a Triggering Event shall have occurred and be continuing. (C) Other than as specifically permitted by this Certificate of Designations, the Company may not redeem any of the outstanding Preferred Shares and any unpaid Dividends thereon.

Mandatory Redemption at Maturity. (A) If any Preferred Share Shares remains outstanding on the Maturity Date, and the Equity Conditions have been satisfied (as indicated in a notice from the Company to the Holders delivered thirty (30) Trading Days prior to the Maturity Date) or waived by the applicable Holder, the Company shall redeem such Preferred Share for Shares in cash in an amount in cash per equal to the outstanding Conversion Amount for such Preferred Share Shares (the “Maturity Date Redemption Price”) equal to ). The Company shall pay the Conversion Amount Maturity Date Redemption Price on the Maturity Date by wire transfer of immediately available funds to an account designated in writing by such Holder. (B) . If the Company fails to redeem all of the Preferred Shares outstanding on the Maturity Date by payment of the Maturity Date Redemption Price for each such Preferred Share, then in addition to any remedy such Holder may have under any Transaction Document, (1I) the applicable Maturity Date Redemption Price payable in respect of such unredeemed Preferred Shares shall bear interest at the rate of 1.5% per month, prorated for partial months, until paid in full, and (2II) any Holder shall have the option to require the Company to convert any or all of such Holder’s Preferred Shares and for which the Maturity Date Redemption Price (together with any interest thereon) has not been paid into (on a per Preferred Share basis) shares of Common Stock equal to the number which results from dividing the Maturity Date Redemption Price (together with any interest thereon) by the Default Conversion Price. If the Company has failed to pay the Maturity Date Redemption Price in a timely manner as described above, then the Maturity Date shall be automatically extended for any Preferred Shares until the date the Holders receive such shares of Common Stock or Maturity Date Redemption Price and shall be further extended for any Preferred Shares for as long as (xA) the conversion of such Preferred Shares would violate the provisions of Section 7 or 5, (yB) a Triggering Event or an event that with the passage of time or giving of notice would constitute a Triggering Event shall have occurred and be continuing. continuing or (C) Other than as specifically permitted the Equity Conditions have not been satisfied (or waived by this Certificate of Designations, the Company may not redeem any of the outstanding Preferred Shares and any unpaid Dividends thereonapplicable Holder).

Mandatory Redemption at Maturity. (A) If any Preferred Share remains Notes remain outstanding --------------------------------- on the Maturity Date, the Company shall redeem such Preferred Share for Notes in cash in an amount in cash per Preferred Share equal to the outstanding Principal plus any accrued but unpaid Interest and Late Charges (the “"MATURITY DATE REDEMPTION PRICE"). The Company shall pay the Maturity Date Redemption Price”) equal to Price on the Conversion Amount Maturity Date by wire transfer of immediately available funds to an account designated in writing by such Holder. (B) . If the Company fails to redeem all of the Preferred Shares Principal outstanding on the Maturity Date by payment of the Maturity Date Redemption Price for each such Preferred SharePrice, then in addition to any remedy such Holder may have under any Transaction Document, (1I) the applicable Maturity Date Redemption Price payable in respect of such unredeemed Preferred Shares Principal shall bear interest at the rate of 1.53.0% per month, prorated for partial months, until paid in full, and (2II) any Holder shall have the option to require the Company to convert any or all of such Holder’s Preferred Shares 's Note and for which the Maturity Date Redemption Price (together with any interest thereon) has not been paid into (on a per Preferred Share basis) shares of Common Stock equal to the number which results from dividing the Maturity Date Redemption Price (together with any interest thereon) by the Default Conversion Price. If the Company has failed to pay the Maturity Date Redemption Price in a timely manner as described above, then the Maturity Date shall be automatically extended for any Preferred Shares the Note until the date the Holders receive such shares of Common Stock or Maturity Date Redemption Price and Price. All redemptions shall be further extended for any Preferred Shares for as long as (x) the conversion of such Preferred Shares would violate the provisions of Section 7 or (y) made on a Triggering Event or an event that with the passage of time or giving of notice would constitute a Triggering Event shall have occurred and be continuing. (C) Other than as specifically permitted by this Certificate of Designations, the Company may not redeem any pro-rata basis to all holders of the outstanding Preferred Shares and any unpaid Dividends thereonNotes.

Mandatory Redemption at Maturity. (A) If any Preferred Share Conversion Amount of this Note remains outstanding on the Maturity Date, then all of the Company Conversion Amount shall redeem be redeemed as of such Preferred Share date (a "Maturity Date Mandatory Redemption") for an amount in cash per Preferred Share (the “Maturity Date Redemption Price”) equal to the Conversion Amount on the Maturity Date (the "Maturity Date Redemption Price"). On the Maturity Date the Company shall pay to each Holder outstanding on the Maturity Date, by wire transfer of immediately available funds funds, an amount equal to an account designated in writing by such Holder. (B) the Maturity Date Redemption Price. If the Company fails shall fail to redeem all of the Preferred Shares Conversion Amount of this Note outstanding on or prior to the date which is three (3) Business Days after the Maturity Date by payment of the Maturity Date Redemption Price for each such Preferred SharePrice, then in addition to any remedy such the Holder may have under any Transaction Documentthis Note, (1) the applicable Maturity Date Redemption Price payable in respect of such unredeemed Preferred Shares shall bear interest at Securities Purchase Agreement and the rate of 1.5% per monthRegistration Rights Agreement, prorated for partial months, until paid in full, and (2) any the Holder shall have the option to require the Company to convert any or all of such Holder’s Preferred Shares the Conversion Amount that the Company should have redeemed under this Section 2(d)(vii) and for which the Maturity Date Redemption Price (together with any interest thereon) has not been paid into (on a per Preferred Share basis) the number of shares of Common Stock which the Company would have been required to issue if the Holder had given a Conversion Notice for such Conversion Amount (together with any interest thereon) on the Maturity Date at a Conversion Price equal to the number which results from dividing lesser of (A) the Conversion Price in effect on the Maturity Date Redemption and (B) 95% of the Market Price by of the Default Conversion Price. If the Company has failed to pay Common Stock on the Maturity Date Redemption Price in a timely manner as described above, then the Maturity Date shall be automatically extended for any Preferred Shares until the date the Holders receive such shares of Common Stock or Maturity Date Redemption Price and shall be further extended for any Preferred Shares for as long as (x) the conversion of such Preferred Shares would violate the provisions of Section 7 or (y) a Triggering Event or an event that with the passage of time or giving of notice would constitute a Triggering Event shall have occurred and be continuingDate. (C) Other than as specifically permitted by this Certificate of Designations, the Company may not redeem any of the outstanding Preferred Shares and any unpaid Dividends thereon.

Mandatory Redemption at Maturity. (A) If any shares of Series C Preferred Share remains Stock remain outstanding on the Maturity Date, the Company shall redeem such shares of Series C Preferred Share for Stock in cash in an amount in cash per equal to the outstanding Conversion Amount for such shares of Series C Preferred Share Stock plus any accrued but unpaid Dividends on such shares outstanding (the “Maturity Date Redemption Price”) equal to ). The Company shall pay the Conversion Amount Maturity Date Redemption Price on the Maturity Date by wire transfer of immediately available funds to an account designated in writing by such Holder. (B) . If the Company fails to redeem all of the shares of Series C Preferred Shares Stock outstanding on the Maturity Date by payment of the Maturity Date Redemption Price for each such Preferred Shareshare, then in addition to any remedy such Holder may have under any Transaction Document, (1A) the applicable Maturity Date Redemption Price payable in respect of such unredeemed shares of Series C Preferred Shares Stock shall bear interest at the rate of 1.53.0% per month, prorated for partial months, until paid in full, and (2B) any Holder shall have the option to require the Company to convert any or all of such Holder’s shares of Series C Preferred Shares Stock and for which the Maturity Date Redemption Price Price, together with any interest thereon, has not been paid into (into, on a per Preferred Share preferred share basis) , shares of the Common Stock equal to the number which results from dividing the Maturity Date Redemption Price Price, together with any interest thereon, by the Default Conversion Price. If the Company has failed to pay the Maturity Date Redemption Price in a timely manner as described above, then the Maturity Date shall be automatically extended for any shares of Series C Preferred Shares Stock until the date the Holders receive such shares of Common Stock or Maturity Date Redemption Price and Price. All redemptions shall be further extended for any made on a pro-rata basis to all holders of outstanding shares of Series C Preferred Shares for as long as (x) the conversion of such Preferred Shares would violate the provisions of Section 7 or (y) a Triggering Event or an event that with the passage of time or giving of notice would constitute a Triggering Event shall have occurred and be continuingStock. (C) Other than as specifically permitted by this Certificate of Designations, the Company may not redeem any of the outstanding Preferred Shares and any unpaid Dividends thereon.

Mandatory Redemption at Maturity. (A) If any shares of Series D -------------------------------- Preferred Share remains Stock remain outstanding on the Maturity Date, the Company shall redeem such shares of Series D Preferred Share for Stock in cash in an amount in cash per equal to the outstanding Conversion Amount for such shares of Series D Preferred Share Stock plus any accrued but unpaid Dividends less any Special Payments declared and paid on such shares outstanding (the “"MATURITY DATE REDEMPTION PRICE"). The Company shall pay the Maturity Date Redemption Price”) equal to Price on the Conversion Amount Maturity Date by wire transfer of immediately available funds to an account designated in writing by such Holder. (B) . If the Company fails to redeem all of the shares of Series D Preferred Shares Stock outstanding on the Maturity Date by payment of the Maturity Date Redemption Price for each such Preferred Shareshare, then in addition to any remedy such Holder may have under any Transaction Document, (1I) the applicable Maturity Date Redemption Price payable in respect of such unredeemed shares of Series D Preferred Shares Stock shall bear interest at the rate of 1.53.0% per month, prorated for partial months, until paid in full, and (2II) any Holder shall have the option to require the Company to convert any or all of such Holder’s 's shares of Series D Preferred Shares Stock and for which the Maturity Date Redemption Price (together with any interest thereon) has not been paid into (on a per Preferred Share preferred share basis) shares of Common Stock equal to the number which results from dividing the Maturity Date Redemption Price (together with any interest thereon) by the Default Conversion Price. If the Company has failed to pay the Maturity Date Redemption Price in a timely manner as described above, then the Maturity Date shall be automatically extended for any shares of Series D Preferred Shares Stock until the date the Holders receive such shares of Common Stock or Maturity Date Redemption Price and Price. All redemptions shall be further extended for any made on a pro-rata basis to all holders of outstanding shares of Series D Preferred Shares for as long as (x) the conversion of such Preferred Shares would violate the provisions of Section 7 or (y) a Triggering Event or an event that with the passage of time or giving of notice would constitute a Triggering Event shall have occurred and be continuingStock. (C) Other than as specifically permitted by this Certificate of Designations, the Company may not redeem any of the outstanding Preferred Shares and any unpaid Dividends thereon.