Common use of Optional Redemption of Non-Amortizing Principal Amount Clause in Contracts

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NON-AMORTIZING REDEMPTION"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty percent (120%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NON-AMORTIZING REDEMPTION AMOUNT") on the day 4 of 14 written notice of redemption (the "NOTICE OF NON-AMORTIZING REDEMPTION") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify the date for such Optional Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION PERIOD"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NON-AMORTIZING REDEMPTION"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty percent (120%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NON-AMORTIZING REDEMPTION AMOUNT") on the day 4 of 14 written notice of redemption (the "NOTICE OF NON-AMORTIZING REDEMPTION") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify the date for such Optional Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION PERIOD"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NONOptional Non-AMORTIZING REDEMPTIONAmortizing Redemption"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty ten percent (120110%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NONNon-AMORTIZING REDEMPTION AMOUNTAmortizing Redemption Amount") on the day 4 of 14 written notice of redemption (the "NOTICE OF NONNotice of Non-AMORTIZING REDEMPTIONAmortizing Redemption") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify the date for such Optional Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION DATEAmortizing Redemption Date"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION PERIODAmortizing Redemption Period"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the 4 of 14 Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NON-AMORTIZING REDEMPTION"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty percent (120%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NON-AMORTIZING REDEMPTION AMOUNT") on the day 4 of 14 Non- Amortizing Redemption Date (as defined below). The Borrower shall deliver to the Holder a written notice of redemption (the "NOTICE OF NON-AMORTIZING REDEMPTION") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify specifying the date for such Optional Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION PERIOD"). During the Non-Amortizing Redemption Period, the Holder shall have the right to exercise its conversion rights pursuant to Section 3.1, provided that the Holder shall have provided a Notice of Conversion ( as defined in Section 3.3) to the Borrower no less than two (2) business days prior to the Non-Amortizing Redemption Payment Date. A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has provided a pending election Notice of Conversion prior to convert pursuant to Section 3.1, the Non-Amortizing Redemption Period or for conversions initiated or made by the Holder pursuant to Section 3.1 a qualifying Notice of Conversion issued during during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NONOptional Non-AMORTIZING REDEMPTIONAmortizing Redemption"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty percent (120%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NONNon-AMORTIZING REDEMPTION AMOUNTAmortizing Redemption Amount") on the day 4 of 14 written notice of redemption (the "NOTICE OF NONNotice of Non-AMORTIZING REDEMPTIONAmortizing Redemption") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify the date for such Optional Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION DATEAmortizing Redemption Date"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION PERIODAmortizing Redemption Period"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder 4 of 13 written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NON“Optional Non-AMORTIZING REDEMPTION"Amortizing Redemption”), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty percent (120%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NON“Non-AMORTIZING REDEMPTION AMOUNT"Amortizing Redemption Amount”) on the day 4 of 14 written notice of redemption (the "NOTICE OF NON“Notice of Non-AMORTIZING REDEMPTION"Amortizing Redemption”) is giving to the Holder; provided, however, that (notwithstanding anything contained herein or in the Purchase Agreement or the Related Agreements) if none of the original principal amount has been released from the Restricted Account for the purpose of making a Permitted Acquisition, then, on or before the 90th day after the date hereof, the Borrower will have the option of prepaying the outstanding Non-Amortizing Principal Amount (as well as prepaying the outstanding Amortizing Principal Amount, which relates solely to the original principal amount not required to be placed in the Restricted Account on the Closing Date), in whole, by paying to the Holder a sum of money equal to one hundred percent (100%) of the Non-Amortizing Principal Amount (and such Amortizing Principal Xxxxxx), together with accrued and unpaid interest thereon, and without payment of any prepayment penalty of any kind. The Notice of Non-Amortizing Redemption shall specify the date for such Optional Non-Amortizing Redemption (the "NON“Non-AMORTIZING REDEMPTION DATE"Amortizing Redemption Date”), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NON“Non-AMORTIZING REDEMPTION PERIOD"Amortizing Redemption Period”). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's ’s conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Payment Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NONOptional Non-AMORTIZING REDEMPTIONAmortizing Redemption"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty percent (120%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NONNon-AMORTIZING REDEMPTION AMOUNTAmortizing Redemption Amount") on the day 4 of 14 Non-Amortizing Redemption Date (as defined below). The Borrower shall deliver to the Holder a written notice of redemption (the "NOTICE OF NON-AMORTIZING REDEMPTION") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify Redemption") specifying the date for such Optional Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION DATEAmortizing Redemption Date"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION PERIODAmortizing Redemption Period"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NON-AMORTIZING REDEMPTION"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty percent (120100%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NON-AMORTIZING REDEMPTION AMOUNT") on the day 4 of 14 written notice of redemption (the "NOTICE OF NON-AMORTIZING REDEMPTION") is giving to the Holder; provided, however, that the Borrower shall not be entitled to deliver to the Holder a Notice of Non-Amortizing Redemption on any date on which the average of the eleven (11) highest closing prices of the Common Stock on the Principal Market for the twenty-two (22) consecutive trading days immediately preceding such date exceeds the Fixed Conversion Price. The Notice of Non-Amortizing Redemption shall specify the date for such Optional Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION PERIOD"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.131, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NONOptional Non-AMORTIZING REDEMPTIONAmortizing Redemption"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty percent (120%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NONNon-AMORTIZING REDEMPTION AMOUNTAmortizing Redemption Amount") on the day 4 of 14 written notice of redemption (the "NOTICE OF NONNotice of Non-AMORTIZING REDEMPTIONAmortizing Redemption") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify the date for such Optional Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION DATEAmortizing Redemption Date"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION PERIODAmortizing Redemption Period"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NONOptional Non-AMORTIZING REDEMPTIONAmortizing Redemption"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty fifteen percent (120115%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NONNon-AMORTIZING REDEMPTION AMOUNTAmortizing Redemption Amount") on the day 4 of 14 Non-Amortizing Redemption Date (as defined below). The Borrower shall deliver to the Holder a written notice of redemption (the "NOTICE OF NON-AMORTIZING REDEMPTION") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify Redemption") specifying the date for such Optional Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION DATEAmortizing Redemption Date"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION PERIODAmortizing Redemption Period"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, 3.1 or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's ’s conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NON“Optional Non-AMORTIZING REDEMPTION"Amortizing Redemption”), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty five percent (120105%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NON“Non-AMORTIZING REDEMPTION AMOUNT"Amortizing Redemption Amount”) on the day 4 of 14 written notice of redemption (the "NOTICE OF NON“Notice of Non-AMORTIZING REDEMPTION"Amortizing Redemption”) is giving given to the Holder. The Notice of Non-Amortizing Redemption shall specify the date for such Optional Non-Amortizing Redemption (the "NON“Non-AMORTIZING REDEMPTION DATE"Amortizing Redemption Date”), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NON“Non-AMORTIZING REDEMPTION PERIOD"Amortizing Redemption Period”). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's ’s conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NON“Optional Non-AMORTIZING REDEMPTION"Amortizing Redemption”), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty one percent (120101%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NON“Non-AMORTIZING REDEMPTION AMOUNT"Amortizing Redemption Amount”) on the day 4 of 14 written notice of redemption (the "NOTICE OF NON“Notice of Non-AMORTIZING REDEMPTION"Amortizing Redemption”) is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify the date for such Optional Non-Amortizing Redemption (the "NON“Non-AMORTIZING REDEMPTION DATE"Amortizing Redemption Date”), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NON“Non-AMORTIZING REDEMPTION PERIOD"Amortizing Redemption Period”). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's ’s conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NONOptional Non-AMORTIZING REDEMPTIONAmortizing Redemption"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty thirty percent (120130%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NONNon-AMORTIZING REDEMPTION AMOUNTAmortizing Redemption Amount") on the day 4 of 14 Non-Amortizing Redemption Date (as defined below). The Borrower shall deliver to the Holder a written notice of redemption (the "NOTICE OF NON-AMORTIZING REDEMPTION") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify Redemption") specifying the date for such Optional Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION DATEAmortizing Redemption Date"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NONNon-AMORTIZING REDEMPTION PERIODAmortizing Redemption Period"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NON-AMORTIZING REDEMPTION"), in whole or in part, by paying the Holder a sum of money equal to one hundred twenty percent (120%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NON-AMORTIZING REDEMPTION AMOUNT") on the day 4 of 14 written notice of redemption (the "NOTICE OF NON-AMORTIZING REDEMPTION") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify the date for such Optional Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION DATE"), which date shall be not less than seven (7) business days after the date of the Notice of Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION PERIOD"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the 4 of 13 Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.

Optional Redemption of Non-Amortizing Principal Amount. The Borrower Companies will have the option of repaying the outstanding Non-Amortizing Principal Amount ("OPTIONAL NON-AMORTIZING REDEMPTION"), in whole or in part, by paying paying, on a joint and several basis, the Holder a sum of money equal to one hundred twenty percent (120%) of the Non-Amortizing Principal Amount to be redeemed, together with accrued but unpaid interest thereon (the "NON-AMORTIZING REDEMPTION AMOUNT") on the day 4 of 14 Non-Amortizing Redemption Date (as defined below). The Borrower shall deliver to the Holder a written notice of redemption (the "NOTICE OF NON-AMORTIZING REDEMPTION") is giving to the Holder. The Notice of Non-Amortizing Redemption shall specify specifying the date for such Optional Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION DATE"), which date shall be not less than seven ten (710) business days after the date of the Notice of Non-Amortizing Redemption (the "NON-AMORTIZING REDEMPTION PERIOD"). A Notice of Non-Amortizing Redemption shall not be effective with respect to any portion of the Non-Amortizing Principal Amount for which the Holder has a pending election to convert pursuant to Section 3.1, or for conversions initiated or made by the Holder pursuant to Section 3.1 during the Non-Amortizing Redemption Period. The Non-Amortizing Redemption Amount shall be determined as if the Holder's conversion elections had been completed immediately prior to the date of the Notice of Non-Amortizing Redemption. On the Non-Amortizing Redemption Date, the Non-Amortizing Redemption Amount shall be paid (i) in good funds to the Holder, (ii) by furnishing the Holder written direction to notify the bank holding the Restricted Account to release from the Restricted Account and deliver to the Holder a sum of money equal to the Non-Amortizing Redemption Amount, or (iii) if the amount on deposit in the Restricted Account is less than the Non-Amortizing Redemption Amount, by furnishing the Holder written direction to notify the bank holding the Restricted Account to release all amounts on deposit in the Restricted Account to the Holder and delivering to the Holder good funds in an amount equal to the balance of the Non-Amortizing Redemption Amount.