Common use of Optional Payments in Common Stock Clause in Contracts

Optional Payments in Common Stock. Subject to Section 2.2 hereof, if the Borrower elects to pay interest or prepay principal and the average closing price of the Common Stock on the Principal Market is greater than 110% of the Fixed Conversion Price for a period of at least five (5) consecutive trading days, then the Borrower may, AT ITS SOLE OPTION, provide the Holder written notice (a "CALL NOTICE") requiring the conversion at the Fixed Conversion Price of (a) in the case of interest, all interest due and payable for the current calendar month and (b) in the case of principal, all or a portion of the outstanding principal of this Note (subject to compliance with Section 2.3 and 3.2), together with accrued interest on the principal amount being prepaid, in each case, as of the date set forth in such Call Notice (the "CALL DATE"). The Call Date shall be (a) in the case of interest, at least eleven (11) trading days prior to the first day of the immediately succeeding calendar month and (b) in the case of principal, at least eleven (11) trading days following the date of the Call Notice. On the Call Date the Borrower shall deliver to the Holder certificates evidencing the shares of Common Stock issued in satisfaction of the principal and/or interest being retired. Notwithstanding the foregoing, the Borrower's right to issue shares of Common Stock in payment of obligations under this Note shall be subject to the limitation that the number of shares of Common Stock issued at the Fixed Conversion Price in connection with any Call Notice shall not exceed 25% of the aggregate dollar trading volume of the Common Stock for the ten (10) trading days immediately preceding the Call Date (as such volume is reported by Bloomberg, L.P. If the closing price of the Common Stock is below 110% of the Fixed Conversion Price during the ten (10) trading day period immediately preceding the Call Date, then the Holder will then be required to convert only such amount of the Note as shall equal twenty five percent (25%) of the aggregate dollar trading volume (as such volume is reported by Bloomberg L.P.) for each day that the closing price of the Common Stock exceeded 110% of the then applicable Fixed Conversion Price. The Borrower shall not be permitted to give the Holder more than one Call Notice under this Note during any 22-day period.

Optional Payments in Common Stock. Subject to Section 2.2 hereof, if the Borrower Company elects to pay interest or prepay principal and the average closing price of the Common Stock on the Principal Market is greater than 110% of the Fixed Conversion Price for a period of at least five (5) consecutive trading days, then the Borrower may, AT ITS SOLE OPTIONat its sole option, provide the Holder written notice (a "CALL NOTICECall Notice") requiring the conversion at the Fixed Conversion Price of (a) in the case of interest, all interest due and payable for the current calendar month and (b) in the case of principal, all or a portion of the outstanding interest or principal of this Note (subject to compliance with Section 2.3 and 3.2), together with accrued interest on the principal amount being prepaid, in each case, as of the date set forth in such Call Notice (the "CALL DATECall Date"). The Call Date shall be (a) in the case of interest, at least eleven ten (11) trading days prior to the first day of the immediately succeeding calendar month and (b) in the case of principal, at least eleven (1110) trading days following the date of the Call Notice. On the Call Date the Borrower shall deliver to the Holder certificates evidencing the shares of Common Stock issued in satisfaction of the principal and/or interest being retired. Notwithstanding the foregoing, the Borrower's right to issue shares of Common Stock in payment of obligations under this Note shall be subject to the limitation that the number of shares of Common Stock issued at the Fixed Conversion Price in connection with any Call Notice shall not exceed 25% of the aggregate dollar trading volume of the Common Stock for the ten (10) trading days immediately preceding the Call Date (as such volume is reported by Bloomberg, L.P. If the closing price of the Common Stock is falls below 110% of the Fixed Conversion Price during the ten (10) trading day period immediately preceding the Call Date, then the Holder will then be required to convert only such amount of the Note as shall equal twenty five percent (25%) of the aggregate dollar trading volume (as such volume is reported by Bloomberg L.P.) for each day that the closing price of the Common Stock has exceeded 110% of the then applicable Fixed Conversion Price. The Borrower shall not be permitted to give the Holder more than one Call Notice under this Note during any 2210-day period.

Optional Payments in Common Stock. Subject to Section 2.2 2.3 hereof, if the Borrower Company elects to pay interest or prepay principal and the average closing price of the Common Stock on the Principal Market is greater than 110% of the Fixed Conversion Price for a period of at least five (5) consecutive trading days, then the Borrower may, AT ITS SOLE OPTION, provide the Holder written notice (a "CALL NOTICE") requiring the conversion at the Fixed Conversion Price of (a) in the case of interest, all interest due and payable for the current calendar month and (b) in the case of principal, all or a portion of the outstanding interest or principal of this Note (subject to compliance with Section 2.3 and 3.2), together with accrued interest on the principal amount being prepaid, in each case, as of the date set forth in such Call Notice (the "CALL DATE"). The Call Date shall be (a) in the case of interest, at least eleven ten (11) trading days prior to the first day of the immediately succeeding calendar month and (b) in the case of principal, at least eleven (1110) trading days following the date of the Call Notice. On the Call Date the Borrower shall deliver to the Holder certificates evidencing the shares of Common Stock issued in satisfaction of the principal and/or interest being retired. Notwithstanding the foregoing, the Borrower's right to issue shares of Common Stock in payment of obligations under this Note shall be subject to the limitation that the number of shares of Common Stock issued at the Fixed Conversion Price in connection with any Call Notice shall not exceed 25% of the aggregate dollar trading volume of the Common Stock for the ten (10) trading days immediately preceding the Call Date (as such volume is reported by Bloomberg, L.P. L.P.). If the closing price of the Common Stock is falls below 110% of the Fixed Conversion Price during the ten (10) trading day period immediately preceding the Call Date, then the Holder will then be required to convert only such amount of the Note as shall equal twenty five percent (25%) of the aggregate dollar trading volume (as such volume is reported by Bloomberg L.P.) for each day that the closing price of the Common Stock has exceeded 110% of the then applicable Fixed Conversion Price. The Borrower shall not be permitted to give the Holder more than one Call Notice under this Note during any 22-day period.the

Optional Payments in Common Stock. Subject to Section 2.2 hereof, --------------------------------- if the Borrower elects Borrowers elect to pay interest or prepay principal and the average closing price of the Common Stock on the Principal Market is greater than 110% of the Fixed Conversion Price for a period of at least five (5) consecutive trading days, then the Borrower Company Agent may, AT ITS SOLE OPTIONat its sole option, provide the Holder ------------------ written notice (a "CALL NOTICE") requiring the conversion at the Fixed Conversion Price of (a) in the case of interest, all interest due and payable for the current calendar month and (b) in the case of principal, all or a portion of the outstanding interest or principal of this Note (subject to compliance with Section 2.3 and 3.2), together with accrued interest on the principal amount being prepaid, in each case, as of the date set forth in such Call Notice (the "CALL DATE"). The Call Date shall be (a) in the case of interest, at least eleven ten (11) trading days prior to the first day of the immediately succeeding calendar month and (b) in the case of principal, at least eleven (1110) trading days following the date of the Call Notice. On the Call Date the Borrower Company Agent shall deliver to the Holder certificates evidencing the shares of Common Stock issued in satisfaction of the principal and/or interest being retired. Notwithstanding the foregoing, the BorrowereLinear's right to issue shares of Common Stock in payment of obligations under this Note shall be subject to the limitation that the number of shares of Common Stock issued at the Fixed Conversion Price in connection with any Call Notice shall not exceed 25% of the aggregate dollar trading volume of the Common Stock for the ten (10) trading days immediately preceding the Call Date (as such volume is reported by Bloomberg, L.P. If the closing price of the Common Stock is falls below 110% of the Fixed Conversion Price during the ten (10) trading day period immediately preceding the Call Date, then the Holder will then be required to convert only such amount of the Note as shall equal twenty five percent (25%) of the aggregate dollar trading volume (as such volume is reported by Bloomberg L.P.) for each day that the closing price of the Common Stock has exceeded 110% of the then applicable Fixed Conversion Price. The Borrower ELinear shall not be permitted to give the Holder more than one Call Notice under this Note during any 22-day period.

Optional Payments in Common Stock. Subject to Section 2.2 hereof, if the Borrower elects to pay interest or prepay principal and the average closing price of the Common Stock on the Principal Market is greater than 110115% of the Fixed Conversion Price for a period of at least five (5) consecutive trading days, then the Borrower may, AT ITS SOLE OPTIONat its sole option, provide the Holder written notice (a "CALL NOTICECall Notice") requiring the conversion at the Fixed Conversion Price of (a) in the case of interest, all interest due and payable for the current calendar month and (b) in the case of principal, all or a portion of the outstanding interest or principal of this Note (subject to compliance with Section 2.3 and 3.2), together with accrued interest on the principal amount being prepaid, in each case, as of the date set forth in such Call Notice (the "CALL DATECall Date"). The Call Date shall be (a) in the case of interest, at least eleven ten (11) trading days prior to the first day of the immediately succeeding calendar month and (b) in the case of principal, at least eleven (1110) trading days following the date of the Call Notice. On the Call Date the Borrower shall deliver to the Holder certificates evidencing the shares of Common Stock issued in satisfaction of the principal and/or interest being retired. Notwithstanding the foregoing, the Borrower's right to issue shares of Common Stock in payment of obligations under this Note shall be subject to the limitation that the number of shares of Common Stock issued at the Fixed Conversion Price in connection with any Call Notice shall not exceed 25% of the aggregate dollar trading volume of the Common Stock for the ten (10) trading days immediately preceding the Call Date (as such volume is reported by Bloomberg, L.P. If the closing price of the Common Stock is falls below 110115% of the Fixed Conversion Price during the ten (10) trading day period immediately preceding the Call Date, then the Holder will then be required to convert only such amount of the Note as shall equal twenty five percent (25%) of the aggregate dollar trading volume (as such volume is reported by Bloomberg L.P.) for each day that the closing price of the Common Stock has exceeded 110115% of the then applicable Fixed Conversion Price. The Borrower shall not be permitted to give the Holder more than one Call Notice under this Note during any 22-day period.

Optional Payments in Common Stock. Subject to Section 2.2 2.4 hereof, if the Borrower elects to pay interest or prepay principal and the average closing price of the Common Stock on the Principal Market is greater than 110% of the Fixed Conversion Price for a period of at least five (5) consecutive trading days, then the Borrower mayHolder shall, AT ITS SOLE OPTIONat its sole option, provide the Holder Borrower with written notice (a "CALL NOTICE") requiring the conversion at the Fixed Conversion Price of (a) in the case of interest, all interest due and payable for the current calendar month and (b) in the case of principal, all or a portion of the outstanding interest or principal of this Note (subject to compliance with Section 2.3 2.4 and 3.2), together with accrued interest on the principal amount being prepaid, in each case, as of the date set forth in such Call Notice (the "CALL DATE"). The Call Date shall be (a) in the case of interest, at least eleven ten (11) trading days prior to the first day of the immediately succeeding calendar month and (b) in the case of principal, at least eleven (1110) trading days following the date of the Call Notice. On the Call Date the Borrower shall deliver to the Holder certificates evidencing the shares of Common Stock issued in satisfaction of the principal and/or interest being retired. Notwithstanding the foregoing, the Borrower's right to issue shares of Common Stock in payment of obligations under this Note shall be subject to the limitation that the number of shares of Common Stock issued at the Fixed Conversion Price in connection with any Call Notice shall not exceed twenty five percent (25% %) of the aggregate dollar trading volume of the Common Stock for the ten (10) trading days immediately preceding the Call Date (as such volume is reported by Bloomberg, L.P. If the closing price of the Common Stock is falls below 110% of the Fixed Conversion Price during the ten (10) trading day period immediately preceding the Call Date, then the Holder will then be required to convert only such amount of the Note as shall equal twenty five percent (25%) of the aggregate dollar trading volume (as such volume is reported by Bloomberg L.P.) for each day that the closing price of the Common Stock has exceeded 110% of the then applicable Fixed Conversion Price. The Borrower shall not be permitted to give the Holder more than one Call Notice under this Note during any 22-day period.

Optional Payments in Common Stock. Subject to Section 2.2 hereof, if the Borrower elects to pay interest or prepay principal and the average closing price of the Common Stock on the Principal Market is greater than 110% of the Fixed Conversion Price for a period of at least five (5) consecutive trading days, then the Borrower may, AT ITS SOLE OPTIONat its sole option, provide the Holder written notice (a "CALL NOTICE"“Call Notice”) requiring the conversion at the Fixed Conversion Price of (a) in the case of interest, all interest due and payable for the current calendar month and (b) in the case of principal, all or a portion of the outstanding principal of this Note (subject to compliance with Section 2.3 and 3.2), together with accrued interest on the principal amount being prepaid, in each case, as of the date set forth in such Call Notice (the "CALL DATE"“Call Date”). The Call Date shall be (a) in the case of interest, at least eleven (11) trading days prior to the first day of the immediately succeeding calendar month and (b) in the case of principal, at least eleven (11) trading days following the date of the Call Notice. On the Call Date the Borrower shall deliver to the Holder certificates evidencing the shares of Common Stock issued in satisfaction of the principal and/or interest being retired. Notwithstanding the foregoing, the Borrower's ’s right to issue shares of Common Stock in payment of obligations under this Note shall be subject to the limitation that the number of shares of Common Stock issued at the Fixed Conversion Price in connection with any Call Notice shall not exceed 25% of the aggregate dollar trading volume of the Common Stock for the ten (10) trading days immediately preceding the Call Date (as such volume is reported by Bloomberg, L.P. If the closing price of the Common Stock is below 110% of the Fixed Conversion Price during the ten (10) trading day period immediately preceding the Call Date, then the Holder will then be required to convert only such amount of the Note as shall equal twenty five percent (25%) of the aggregate dollar trading volume (as such volume is reported by Bloomberg L.P.) for each day that the closing price of the Common Stock exceeded 110% of the then applicable Fixed Conversion Price. The Borrower shall not be permitted to give the Holder more than one Call Notice under this Note during any 22-day period.

Optional Payments in Common Stock. (a) Subject to Section 2.2 hereof, if the Borrower Company elects to pay interest or prepay principal and the average closing price of the Common Stock on the Principal Market is greater than 110% of the Fixed Conversion Price for a period of at least five (5) consecutive trading days, then the Borrower may, AT ITS SOLE OPTIONat its sole option, provide the Holder written notice (a "CALL NOTICECall Notice") requiring the conversion at the Fixed Conversion Price of (a) in the case of interest, all interest due and payable for the current calendar month and (b) in the case of principal, all or a portion of the outstanding interest or principal of this Note (subject to compliance with Section 2.3 and 3.2), together with accrued interest on the principal amount being prepaid, in each case, as of the date set forth in such Call Notice (the "CALL DATECall Date"). The Call Date shall be (a) in the case of interest, at least eleven ten (11) trading days prior to the first day of the immediately succeeding calendar month and (b) in the case of principal, at least eleven (1110) trading days following the date of the Call Notice. On the Call Date the Borrower shall deliver to the Holder certificates evidencing the shares of Common Stock issued in satisfaction of the principal and/or interest being retired. Notwithstanding the foregoing, the Borrower's right to issue shares of Common Stock in payment of obligations under this Note shall be subject to the limitation that the number of shares of Common Stock issued at the Fixed Conversion Price in connection with any Call Notice shall not exceed 2535% of the aggregate dollar trading volume of the Common Stock for the ten (10) trading days immediately preceding the Call Date (as such volume is reported by Bloomberg, L.P. If the closing price of the Common Stock is falls below 110% of the Fixed Conversion Price during the ten (10) trading day period immediately preceding the Call Date, then the Holder will then be required to convert only such amount of the Note as shall equal twenty thirty five percent (2535%) of the aggregate dollar trading volume (as such volume is reported by Bloomberg L.P.) for each day that the closing price of the Common Stock has exceeded 110% of the then applicable Fixed Conversion Price. The Borrower shall not be permitted to give the Holder more than one Call Notice under this Note during any 22-10 day period.