Common use of Mandatory Redemptions Clause in Contracts

Mandatory Redemptions. Upon the occurrence of each Disposition or Liquidity Event (as the case may be), the Company shall use 100% of the Net Proceeds (as defined below) with respect to such Disposition or Liquidity Event (as the case may be) (the “Applicable Net Proceeds”) to redeem this Note in the manner and in such amounts as are set forth herein (each being a “Mandatory Redemption”). With respect to each Disposition and each Liquidity Event (as the case may be), the Company shall deliver a written notice by confirmed facsimile and overnight courier (with next day delivery specified) to all, but not less than all, of the holders of Notes (the “Mandatory Redemption Notice” and the date such notice is delivered to all such holders is referred to as the “Mandatory Redemption Notice Date”) stating (a) the date on which the applicable Mandatory Redemption shall occur (the “Mandatory Redemption Date”), which date shall be the date such Disposition or Liquidity Event (as the case may be) is consummated, (b) the amount of Applicable Net Proceeds with respect to such Disposition or Liquidity Event (as the case may be) and (c) the Mandatory Redemption Price (as defined below) with respect to such Disposition or Liquidity Event (as the case may be). The applicable Mandatory Redemption Notice shall be delivered as soon as practicable prior to the consummation of the applicable Disposition or Liquidity Event (as the case may be), and the Company shall make a public announcement containing the information set forth in such Mandatory Redemption Notice on or before the applicable Mandatory Redemption Notice Date to the extent that the notice contains any, or constitutes, material, non-public information. Redemptions required by this Section 6 shall be made in accordance with, and be subject to, the provisions of Section 7. To the extent redemptions required by this Section 6 are deemed or determined by a court of competent jurisdiction to be prepayments of this Note by the Company, such redemptions shall be deemed to be voluntary prepayments. The Company agrees that in the event of the Company’s redemption of any portion of this Note under this Section 6, the Holder’s damages would be uncertain and difficult to estimate because of the parties’ inability to predict future interest rates and the uncertainty of the availability of a suitable substitute investment opportunity for the Holder. “Mandatory Redemption Price” means, with respect to a particular Disposition or Liquidity Event (as the case may be), an amount in cash equal to the product of (i) the Applicable Net Proceeds with respect to such Disposition or Liquidity Event (as the case may be) multiplied by (ii) the quotient of (1) the sum of (A) the Principal of this Note outstanding as of the date of redemption, (B) the amount of any accrued and unpaid Interest on this Note through the date of redemption and (C) the amount of any accrued and unpaid Late Charges on such Principal and such Interest specified in clauses (A) and (B) through the date of redemption divided by (2) the sum of (X) the principal amount of all Non-Convertible Notes outstanding as of the date of redemption, (Y) the amount of any accrued and unpaid Interest on all Non-Convertible Notes through the date of redemption and (Z) the amount of any accrued and unpaid Late Charges on such principal and such Interest specified in clauses (X) and (Y) through the date of redemption. To the extent the Company effects a Mandatory Redemption under this Note, then the Company must simultaneously take the same action with respect to all the Other Non-Convertible Notes. It is expressly understood and agreed that payments under this Section 6 and Section 6 of the Other Non-Convertible Notes shall be made prior to, and have priority over, any payments required to be made under Section 10 of the Convertible Notes.

Mandatory Redemptions. Upon Beginning on the occurrence earlier of (i) the first Trading Day of the month immediately following the month in which the Underlying Share Registration Statement is first declared effective or (ii) May 2, 2007, and continuing on the first Trading Day of each Disposition or Liquidity Event calendar month for thirteen (as the case may be)13) months thereafter, the Company shall use 100% make mandatory redemptions (“Mandatory Redemptions”) consisting of outstanding principal and accrued and unpaid interest. The principal amount of each Mandatory Redemption shall be equal to Ninety-Two Thousand Three Hundred Seven Dollars and Sixty-Nine Cents ($92,307.69) plus an amount of accrued and unpaid interest based upon interest due over the life of the Net Proceeds Debenture divided by thirteen (13) scheduled Mandatory Redemptions (“Mandatory Redemption Amount”) per calendar month, until all amounts owed under this Debenture have been paid in full, provided however the Investor at it sole option shall have the ability one (1) time during the life of this debenture, upon twenty (20) calendar days advance written notice to the Company notice provided that the VWAP of the Company’s Common Stock is at or above the Conversion Price with a volume traded of at least 1,250,000 shares per day for twenty (20) or more consecutive Trading Days, require that a Mandatory Redemption Amount be increased up to Seven Hundred Fifty Thousand Dollars ($750,000). The Company shall transmit a copy of a Redemption Notice in the form attached hereto as defined belowExhibit A (the “Redemption Notice”) via facsimile (or other delivery) for receipt on or prior to 12:00 pm New York City time on the due date of such Mandatory Redemption (the “Redemption Date”) which shall (i) indicate the applicable Mandatory Redemption Amount, (ii) indicate the Company’s choice of settlement options (pursuant to Section 3(c)) with respect to such Disposition or Liquidity Event Redemption Notice, and (as iii) be signed by an officer of the case may be) Company. The Company shall settle all Mandatory Redemptions within 5 Trading Days of the Redemption Date (the “Applicable Net Proceeds”) to redeem this Note in the manner and in such amounts as are set forth herein (each being a “Mandatory RedemptionSettlement Date”). With respect The Holder shall have the absolute right, in its sole discretion, to each Disposition and each Liquidity Event (as the case may be), the Company shall deliver a written notice by confirmed facsimile and overnight courier (with next day delivery specified) to all, but not less than all, of the holders of Notes (the “Mandatory Redemption Notice” and the date such notice is delivered to all such holders is referred to as the “Mandatory Redemption Notice Date”) stating (a) the date on which the applicable Mandatory Redemption shall occur (the “Mandatory Redemption Date”), which date shall be the date such Disposition or Liquidity Event (as the case may be) is consummated, (b) the amount of Applicable Net Proceeds with respect to such Disposition or Liquidity Event (as the case may be) and (c) the Mandatory Redemption Price (as defined below) with respect to such Disposition or Liquidity Event (as the case may be). The applicable Mandatory Redemption Notice shall be delivered as soon as practicable prior to the consummation of the applicable Disposition or Liquidity Event (as the case may be), and the Company shall make a public announcement containing the information set forth in such Mandatory Redemption Notice on or before the applicable Mandatory Redemption Notice Date to the extent that the notice contains any, or constitutes, material, non-public information. Redemptions required by this Section 6 shall be made in accordance with, and be subject to, the provisions of Section 7. To the extent redemptions required by this Section 6 are deemed or determined by a court of competent jurisdiction to be prepayments of this Note by the Company, such redemptions shall be deemed to be voluntary prepayments. The Company agrees that in the event of suspend the Company’s redemption obligations to make Mandatory Redemptions by providing the Company with written notice of such election (a “Suspension Notice”) prior to a Redemption Date. The Holder shall have no obligation to accept any portion of this Note under this Section 6, Mandatory Redemptions made by the Company during any suspension period specified in a Suspension Notice after the Holder’s damages would be uncertain and difficult to estimate because submission of such Suspension Notice. The obligation of the parties’ inability Company to predict future interest rates and make Mandatory Redemptions shall resume on the uncertainty first Trading Day of the availability month following the expiration of the suspension period specified in a suitable substitute investment opportunity for Suspension Notice. Notwithstanding the Holder. “Mandatory Redemption Price” meansforegoing, with respect to a particular Disposition or Liquidity Event (as the case may be), an amount in cash equal to the product of (i) the Applicable Net Proceeds with respect to such Disposition or Liquidity Event (as the case may be) multiplied by (ii) the quotient of (1) the sum of if (A) the Principal of this Note outstanding as average VWAP of the date Common Stock over the thirty (3) consecutive Trading Days immediately prior to the Redemption Date is equal to or greater than 110% of redemptionthe of the Conversion Price then in effect, and (B) the amount of any accrued Underlying Share Registration Statement has been declared effective and unpaid Interest remains effective on this Note through the date of redemption and (C) the amount of any accrued and unpaid Late Charges on such Principal and such Interest specified in clauses (A) and (B) through the date of redemption divided by (2) the sum of (X) the principal amount of all Non-Convertible Notes outstanding as of the date of redemption, (Y) the amount of any accrued and unpaid Interest on all Non-Convertible Notes through the date of redemption and (Z) the amount of any accrued and unpaid Late Charges on such principal and such Interest specified in clauses (X) and (Y) through the date of redemption. To the extent the Company effects a Mandatory Redemption under this NoteDate, then the Company must simultaneously take the same action with respect to all the Other Non-Convertible Notes. It is expressly understood and agreed that payments under this Section 6 and Section 6 of the Other Non-Convertible Notes shall not be made prior to, and have priority over, any payments permitted or required to be made under Section 10 of the Convertible Notesmake a Mandatory Redemption in that month (a “Waiver Mandatory Redemption Month”).

Mandatory Redemptions. Upon Beginning on the occurrence earlier of (i) the first Trading Day of the month immediately following the month in which the Underlying Share Registration Statement is first declared effective or (ii) May 2, 2007, and continuing on the first Trading Day of each Disposition or Liquidity Event calendar month for thirteen (as the case may be)13) months thereafter, the Company shall use 100% make mandatory redemptions (“Mandatory Redemptions”) consisting of outstanding principal and accrued and unpaid interest. The principal amount of each Mandatory Redemption shall be equal to One Hundred Fifteen Thousand Three Hundred Eighty-Four Dollars and Sixty-Two Cents ($115,384.62) plus an amount of accrued and unpaid interest based upon interest due over the life of the Net Proceeds Debenture divided by thirteen (13) scheduled Mandatory Redemptions (“Mandatory Redemption Amount”) per calendar month, until all amounts owed under this Debenture have been paid in full, provided however the Investor at it sole option shall have the ability one (1) time during the life of this debenture, upon twenty (20) calendar days advance written notice to the Company notice provided that the VWAP of the Company’s Common Stock is at or above the Conversion Price with a volume traded of at least 1,250,000 shares per day for twenty (20) or more consecutive Trading Days, require that a Mandatory Redemption Amount be increased up to Seven Hundred Fifty Thousand Dollars ($750,000). The Company shall transmit a copy of a Redemption Notice in the form attached hereto as defined belowExhibit A (the “Redemption Notice”) via facsimile (or other delivery) for receipt on or prior to 12:00 pm New York City time on the due date of such Mandatory Redemption (the “Redemption Date”) which shall (i) indicate the applicable Mandatory Redemption Amount, (ii) indicate the Company’s choice of settlement options (pursuant to Section 3(c)) with respect to such Disposition or Liquidity Event Redemption Notice, and (as iii) be signed by an officer of the case may be) Company. The Company shall settle all Mandatory Redemptions within 5 Trading Days of the Redemption Date (the “Applicable Net Proceeds”) to redeem this Note in the manner and in such amounts as are set forth herein (each being a “Mandatory RedemptionSettlement Date”). With respect The Holder shall have the absolute right, in its sole discretion, to each Disposition and each Liquidity Event (as the case may be), the Company shall deliver a written notice by confirmed facsimile and overnight courier (with next day delivery specified) to all, but not less than all, of the holders of Notes (the “Mandatory Redemption Notice” and the date such notice is delivered to all such holders is referred to as the “Mandatory Redemption Notice Date”) stating (a) the date on which the applicable Mandatory Redemption shall occur (the “Mandatory Redemption Date”), which date shall be the date such Disposition or Liquidity Event (as the case may be) is consummated, (b) the amount of Applicable Net Proceeds with respect to such Disposition or Liquidity Event (as the case may be) and (c) the Mandatory Redemption Price (as defined below) with respect to such Disposition or Liquidity Event (as the case may be). The applicable Mandatory Redemption Notice shall be delivered as soon as practicable prior to the consummation of the applicable Disposition or Liquidity Event (as the case may be), and the Company shall make a public announcement containing the information set forth in such Mandatory Redemption Notice on or before the applicable Mandatory Redemption Notice Date to the extent that the notice contains any, or constitutes, material, non-public information. Redemptions required by this Section 6 shall be made in accordance with, and be subject to, the provisions of Section 7. To the extent redemptions required by this Section 6 are deemed or determined by a court of competent jurisdiction to be prepayments of this Note by the Company, such redemptions shall be deemed to be voluntary prepayments. The Company agrees that in the event of suspend the Company’s redemption obligations to make Mandatory Redemptions by providing the Company with written notice of such election (a “Suspension Notice”) prior to a Redemption Date. The Holder shall have no obligation to accept any portion of this Note under this Section 6, Mandatory Redemptions made by the Company during any suspension period specified in a Suspension Notice after the Holder’s damages would be uncertain and difficult to estimate because submission of such Suspension Notice. The obligation of the parties’ inability Company to predict future interest rates and make Mandatory Redemptions shall resume on the uncertainty first Trading Day of the availability month following the expiration of the suspension period specified in a suitable substitute investment opportunity for Suspension Notice. Notwithstanding the Holder. “Mandatory Redemption Price” meansforegoing, with respect to a particular Disposition or Liquidity Event (as the case may be), an amount in cash equal to the product of (i) the Applicable Net Proceeds with respect to such Disposition or Liquidity Event (as the case may be) multiplied by (ii) the quotient of (1) the sum of if (A) the Principal of this Note outstanding as average VWAP of the date Common Stock over the thirty (3) consecutive Trading Days immediately prior to the Redemption Date is equal to or greater than 110% of redemptionthe of the Conversion Price then in effect, and (B) the amount of any accrued Underlying Share Registration Statement has been declared effective and unpaid Interest remains effective on this Note through the date of redemption and (C) the amount of any accrued and unpaid Late Charges on such Principal and such Interest specified in clauses (A) and (B) through the date of redemption divided by (2) the sum of (X) the principal amount of all Non-Convertible Notes outstanding as of the date of redemption, (Y) the amount of any accrued and unpaid Interest on all Non-Convertible Notes through the date of redemption and (Z) the amount of any accrued and unpaid Late Charges on such principal and such Interest specified in clauses (X) and (Y) through the date of redemption. To the extent the Company effects a Mandatory Redemption under this NoteDate, then the Company must simultaneously take the same action with respect to all the Other Non-Convertible Notes. It is expressly understood and agreed that payments under this Section 6 and Section 6 of the Other Non-Convertible Notes shall not be made prior to, and have priority over, any payments permitted or required to be made under Section 10 of the Convertible Notesmake a Mandatory Redemption in that month (a “Waiver Mandatory Redemption Month”).

Mandatory Redemptions. Upon Within ten (10) Business Days of the receipt of Net Cash Proceeds from the occurrence of each Disposition any Casualty Event or Liquidity Asset Sale (other than any Asset Sale permitted pursuant to Sections 9.09 (a), (b), (c), (d), (e), (g), (j) and (k)), to the extent that the aggregate amount of Net Cash Proceeds received by Issuer and its Subsidiaries (and not paid to the Administrative Agent as a redemption of the Notes) in respect of all such Casualty Events or Asset Sales, when taken together, exceeds $2,500,000 in any fiscal year, the Issuer shall apply an amount equal to one hundred percent (100%) of the Net Cash Proceeds received by the Issuer or any of its Subsidiaries with respect to such Casualty Event or Asset Sale, as the case may be with such amount of Net Cash Proceeds being allocated, to (i) the redemption of principal outstanding under the Notes, and (ii) the payment of accrued and unpaid interest on such principal amount of the Notes being prepaid and the payment of the applicable portion of the Early Redemption Fee being paid. Such Net Cash Proceeds shall be allocated to such redemption and payments such that the full amount of the applicable Early Redemption Price shall be paid with such Net Cash Proceeds. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing or shall immediately result therefrom, if, within seven (7) Business Days following the occurrence of any such Casualty Event or Asset Sale, a Responsible Officer of the Issuer delivers to the Administrative Agent a notice to the effect that the Issuer or the applicable Subsidiary intends to apply the Net Cash Proceeds from such Casualty Event or Asset Sale to repair, refurbish, restore, replace or rebuild the asset subject to such Casualty Event or Asset Sale, then such Net Cash Proceeds of such Casualty Event or Asset Sale may be applied for such purpose in lieu of such mandatory redemption otherwise required pursuant to this clause (b) to the extent such Net Cash Proceeds of such Casualty Event or Asset Sale are actually applied for such purpose; provided that, in the event that Net Cash Proceeds have not been so applied within one hundred eighty (180) days following the occurrence of such Casualty Event or Asset Sale, the Issuer shall make a mandatory redemption of the Notes in an aggregate amount equal to one hundred percent (100%) of the unused balance of such Net Cash Proceeds received by the Issuer or any of its Subsidiaries with respect to such Casualty Event or Asset Sale, as the case may be), together with payment of accrued and unpaid interest on the principal amount of the Notes being so prepaid and the applicable Early Redemption Fee, with such amount of Net Cash Proceeds being allocated to the redemption of principal, the Company shall use 100% payment of accrued and unpaid interest on such principal amount of the Net Proceeds (as defined below) Notes being redeemed and the payment of the applicable portion of the Early Redemption Fee being paid such that the full payable with respect to such Disposition or Liquidity mandatory redemption is paid with such unused balance of Net Cash Proceeds. Notwithstanding the foregoing, in respect of a Casualty Event (as the case may be) (the “Applicable Net Proceeds”) relating to redeem this Note in the manner and in such amounts as are set forth herein (each being a “Mandatory Redemption”). With respect to each Disposition and each Liquidity Event (as the case may be)Manufacturing Facility, the Company shall deliver a written notice by confirmed facsimile and overnight courier (with next day delivery specified) to all, but not less than all, of the holders of Notes (the “Mandatory Redemption Notice” and the date such notice is delivered to all such holders is referred to as the “Mandatory Redemption Notice Date”) stating (a) the date on which the applicable Mandatory Redemption shall occur (the “Mandatory Redemption Date”), which date shall be the date such Disposition or Liquidity Event (as the case may be) is consummated, (b) the amount of Applicable Net Proceeds with respect to such Disposition or Liquidity Event (as the case may be) and (c) the Mandatory Redemption Price (as defined below) with respect to such Disposition or Liquidity Event (as the case may be). The applicable Mandatory Redemption Notice shall be delivered as soon as practicable prior to the consummation of the applicable Disposition or Liquidity Event (as the case may be), and the Company shall make a public announcement containing the information set forth in such Mandatory Redemption Notice on or before the applicable Mandatory Redemption Notice Date to the extent that the notice contains any, or constitutes, material, non-public information. Redemptions required by this Section 6 shall be made the basis of settlement under any policy of insurance relating to that Manufacturing Facility or pursuant to the ​ terms of any lease under which the Issuer or any of its Subsidiaries holds an interest in accordance with, and be subject tothat Manufacturing Facility, the provisions Issuer or the applicable Subsidiary shall apply moneys received under any policy of Section 7. To the extent redemptions required by this Section 6 are deemed insurance in respect of that Manufacturing Facility towards replacing, restoring or determined by a court of competent jurisdiction to be prepayments of this Note by the Company, such redemptions shall be deemed to be voluntary prepayments. The Company agrees reinstating that in the event of the Company’s redemption of any portion of this Note under this Section 6, the Holder’s damages would be uncertain and difficult to estimate because of the parties’ inability to predict future interest rates and the uncertainty of the availability of a suitable substitute investment opportunity for the Holder. “Mandatory Redemption Price” means, with respect to a particular Disposition or Liquidity Event (as the case may be), an amount in cash equal to the product of (i) the Applicable Net Proceeds with respect to such Disposition or Liquidity Event (as the case may be) multiplied by (ii) the quotient of (1) the sum of (A) the Principal of this Note outstanding as of the date of redemption, (B) the amount of any accrued and unpaid Interest on this Note through the date of redemption and (C) the amount of any accrued and unpaid Late Charges on such Principal and such Interest specified in clauses (A) and (B) through the date of redemption divided by (2) the sum of (X) the principal amount of all Non-Convertible Notes outstanding as of the date of redemption, (Y) the amount of any accrued and unpaid Interest on all Non-Convertible Notes through the date of redemption and (Z) the amount of any accrued and unpaid Late Charges on such principal and such Interest specified in clauses (X) and (Y) through the date of redemption. To the extent the Company effects a Mandatory Redemption under this Note, then the Company must simultaneously take the same action with respect to all the Other Non-Convertible Notes. It is expressly understood and agreed that payments under this Section 6 and Section 6 of the Other Non-Convertible Notes shall be made prior to, and have priority over, any payments required to be made under Section 10 of the Convertible NotesManufacturing Facility.

Mandatory Redemptions. Upon Beginning on March 1, 2007, and continuing on the occurrence first Trading Day of each Disposition or Liquidity Event (as the case may be)calendar month thereafter, the Company shall use 100% make mandatory redemptions ("Mandatory Redemptions") consisting of outstanding principal. The principal amount of each Mandatory Redemption shall be equal to $100,000 ("Mandatory Redemption Amount") per calendar month, until all amounts owed under this Debenture have been paid in full. The Company shall transmit a copy of a Redemption Notice in the Net Proceeds form attached hereto as Exhibit A (as defined belowthe "Redemption Notice") via facsimile (or other delivery) for receipt on or prior to 5:00 pm New York City time at least one Trading Day prior to the due date of such Mandatory Redemption (the "Redemption Date") which shall (i) indicate the applicable Mandatory Redemption Amount, (ii) indicate the Company's choice of settlement options (pursuant to Section 3(c)) with respect to such Disposition or Liquidity Event Redemption Notice, and (as iii) be signed by an officer of the case may be) Company. The Company shall settle all Mandatory Redemptions within 5 Trading Days of the Redemption Date (the “Applicable Net Proceeds”) to redeem this Note in the manner and in such amounts as are set forth herein (each being a “Mandatory Redemption”). With respect to each Disposition and each Liquidity Event (as the case may be), the Company shall deliver a written notice by confirmed facsimile and overnight courier (with next day delivery specified) to all, but not less than all, of the holders of Notes (the “Mandatory Redemption Notice” and the date such notice is delivered to all such holders is referred to as the “Mandatory Redemption Notice "Settlement Date”) stating (a) the date on which the applicable Mandatory Redemption shall occur (the “Mandatory Redemption Date”), which date shall be the date such Disposition or Liquidity Event (as the case may be) is consummated, (b) the amount of Applicable Net Proceeds with respect to such Disposition or Liquidity Event (as the case may be) and (c) the Mandatory Redemption Price (as defined below) with respect to such Disposition or Liquidity Event (as the case may be"). The applicable Holder shall have the absolute right, in its sole discretion, to suspend the Company's obligations to make Mandatory Redemption Notice shall be delivered as soon as practicable Redemptions by providing the Company with written notice of such election ("Suspension Notice") prior to the consummation Redemption Date. The Holder shall have no obligation to accept any Mandatory Redemptions made by the Company during any suspension period specified in a Suspension Notice after the Holder's submission of such Suspension Notice. The obligation of the applicable Disposition or Liquidity Event (as Company to make Mandatory Redemptions shall resume on the case may be), and the Company shall make a public announcement containing the information set forth in such Mandatory Redemption Notice on or before the applicable Mandatory Redemption Notice Date to the extent that the notice contains any, or constitutes, material, non-public information. Redemptions required by this Section 6 shall be made in accordance with, and be subject to, the provisions of Section 7. To the extent redemptions required by this Section 6 are deemed or determined by a court of competent jurisdiction to be prepayments of this Note by the Company, such redemptions shall be deemed to be voluntary prepayments. The Company agrees that in the event first Trading Day of the Company’s redemption of any portion of this Note under this Section 6, month following the Holder’s damages would be uncertain and difficult to estimate because expiration of the parties’ inability to predict future interest rates and the uncertainty of the availability of a suitable substitute investment opportunity for the Holder. “Mandatory Redemption Price” means, with respect to a particular Disposition or Liquidity Event (as the case may be), an amount in cash equal to the product of (i) the Applicable Net Proceeds with respect to such Disposition or Liquidity Event (as the case may be) multiplied by (ii) the quotient of (1) the sum of (A) the Principal of this Note outstanding as of the date of redemption, (B) the amount of any accrued and unpaid Interest on this Note through the date of redemption and (C) the amount of any accrued and unpaid Late Charges on such Principal and such Interest suspension period specified in clauses (A) and (B) through the date of redemption divided by (2) the sum of (X) the principal amount of all Non-Convertible Notes outstanding as of the date of redemption, (Y) the amount of any accrued and unpaid Interest on all Non-Convertible Notes through the date of redemption and (Z) the amount of any accrued and unpaid Late Charges on such principal and such Interest specified in clauses (X) and (Y) through the date of redemption. To the extent the Company effects a Mandatory Redemption under this Note, then the Company must simultaneously take the same action with respect to all the Other Non-Convertible Notes. It is expressly understood and agreed that payments under this Section 6 and Section 6 of the Other Non-Convertible Notes shall be made prior to, and have priority over, any payments required to be made under Section 10 of the Convertible NotesSuspension Notice.