Common use of Monthly Amount Conversion Guidelines Clause in Contracts

Monthly Amount Conversion Guidelines. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall elect to convert all or a portion of the Monthly Amount due on each Repayment Date in shares of Common Stock if the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined in Section 4.7 hereof) for the five (5) trading days immediately preceding such Repayment Date was greater than 110% of the Fixed Conversion Price. Any part of the Monthly Amount due on a Repayment Date that the Holder has not elected to convert into shares of Common Stock shall be paid by the Borrower in cash on such Repayment Date. Any part of the Monthly Amount due on such Repayment Date which the Holder has elected to convert into shares of Common Stock but which must be paid in cash (as a result of the closing price of the Common Stock on one or more of the five (5) trading days immediately preceding the applicable Repayment Date was less than 110% of the Fixed Conversion Price) shall be paid in cash at the rate of 102% of the Monthly Amount otherwise due on the Repayment Date within three (3) business days of the applicable Repayment Date.

Monthly Amount Conversion Guidelines. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall elect to convert all or a portion of the Monthly Amount due on each Repayment Date in shares of Common Stock if the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined in Section 4.7 hereof) for the five ten (510) trading days immediately preceding such Repayment Date was greater than 110% of the Fixed Conversion Price. Any part of the Monthly Amount due on a Repayment Date that the Holder has not elected to convert into shares of Common Stock shall be paid by the Borrower in cash on such Repayment Date. Any part of the Monthly Amount due on such Repayment Date which the Holder has elected to convert into shares of Common Stock but which must be paid in cash (as a result of the closing price of the Common Stock on one or more of the five ten (510) trading days immediately preceding the applicable Repayment Date was less than 110% of the Fixed Conversion Price) shall be paid in cash at the rate of 102103% of the Monthly Amount otherwise due on the Repayment Date within three (3) business days of the applicable Repayment Date.

Monthly Amount Conversion Guidelines. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall elect to convert all or a portion of the Monthly Amount due on each Repayment Date in shares of Common Stock if the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined in Section 4.7 hereof) for the five (5) trading days immediately preceding such Repayment Date was greater than 110% of the Fixed Conversion PricePrice and . Any part of the Monthly Amount due on a Repayment Date that the Holder has not elected to convert into shares of Common Stock shall be paid by the Borrower in cash on such Repayment Date. Any part of the Monthly Amount due on such Repayment Date which the Holder has elected to convert into shares of Common Stock but which must be paid in cash (as a result of the closing price of the Common Stock on one or more of the five (5) trading days immediately preceding the applicable Repayment Date was less than 110% of the Fixed Conversion Price) shall be paid in cash at the rate of 102% of the Monthly Amount otherwise due on the Repayment Date within three (3) business days of the applicable Repayment Date.

Monthly Amount Conversion Guidelines. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall elect to convert all or a portion of the Monthly Amount due on each Repayment Date in shares of Common Stock if the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined in Section 4.7 hereof) for the five (5) trading days immediately preceding such Repayment Date was greater than 110115% of the Fixed Conversion Price. Any part of the Monthly Amount due on a Repayment Date that the Holder has not elected to convert into shares of Common Stock shall be paid by the Borrower in cash on such Repayment Date. Any part of the Monthly Amount due on such Repayment Date which the Holder has elected to convert into shares of Common Stock but which must be paid in cash (as a result of the closing price of the Common Stock on one or more of the five (5) trading days immediately preceding the applicable Repayment Date was less than 110115% of the Fixed Conversion Price) shall be paid in cash at the rate of 102100% of the Monthly Amount otherwise due on the Repayment Date within three (3) business days of the applicable Repayment Date.

Monthly Amount Conversion Guidelines. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall elect to convert all or a portion of the Monthly Amount due on each Repayment Date in shares of Common Stock if the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined in Section 4.7 hereof) for the five (5) trading days immediately preceding such Repayment Date was greater than 110% of the Fixed Conversion Price. Any part of the Monthly Amount due on a Repayment Date that the Holder has not elected to convert into shares of Common Stock shall be paid by the Borrower in cash on such Repayment Date. Any part of the Monthly Amount due on such Repayment Date which the Holder has elected to convert into shares of Common Stock but which must be paid in cash (as a result of the closing price of the Common Stock on one or more of the five (5) trading days immediately preceding the applicable Repayment Date was less than 110% of the Fixed Conversion Price) shall be paid in cash at the rate of 102100% of the Monthly Amount otherwise due on the Repayment Date within three (3) business days of the applicable Repayment Date.

Monthly Amount Conversion Guidelines. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall elect to convert all or a portion of the Monthly Amount due on each Repayment Date in shares of Common Stock if the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market (as defined in Section 4.7 hereof) for the five three (53) trading days immediately preceding such Repayment Date was greater than 110115% of the Fixed Conversion Price. Any part of the Monthly Amount due on a Repayment Date that the Holder has not elected to convert into shares of Common Stock shall be paid by the Borrower in cash on such Repayment Date. Any part of the Monthly Amount due on such Repayment Date which the Holder has elected to convert into shares of Common Stock but which must be paid in cash (as a result of the closing price of the Common Stock on one or more of the five three (53) trading days immediately preceding the applicable Repayment Date was less than 110115% of the Fixed Conversion Price) shall be paid in cash at the rate of 102101% of the Monthly Amount otherwise due on the Repayment Date within three (3) business days of the applicable Repayment Date.