Common use of Payment and Computation of Interest Clause in Contracts

Payment and Computation of Interest. The Notes will bear interest for each Interest Period at a rate of the Prime Rate for such Interest Period plus 9% per annum until the Maturity Date, unless earlier purchased or converted in accordance with the provisions herein. Interest on the Notes will accrue from the most recent date on which interest has been paid or duly provided for or, if no interest has been paid or duly provided for, the date of original issuance of such Notes. Interest will be paid to the Person in whose name a Note is registered at the Close of Business on the Regular Record Date immediately preceding the relevant Interest Payment Date quarterly in arrears on each Interest Payment Date in connection with such quarterly interest payment (or, in the case of an Interest Payment Date in connection with a voluntary conversion, an Optional Redemption, the Holder converting its Notes or having its Notes redeemed, as applicable). Interest on the Notes shall be computed on the basis of a 360-day year and the actual number of days elapsed. The Company shall determine the Prime Rate on the Determination Date in respect of any Interest Period and will provide such interest rate in writing to the Trustee on such Determination Date (or, in the case of the initial Interest Period, on the date hereof). The Company will, upon the written request of any Holder, provide the interest rate the in effect with respect to the Notes. The Trustee may conclusively and without liability rely on the Company’s determination of the interest rate and shall have no liability or responsibility for the Company’s failure to provide the interest rate on the Determination Date or for any failure or delay in performing its duties hereunder as a result of such failure. The interest rate and amount of interest to be paid on the Note for each Interest Period shall be calculated by the Company. All calculations made by the Company shall, in the absence of manifest error, be conclusive for all purposes and binding on the Trustee and the Holders. All percentages resulting from any calculation of the interest rate on the Notes shall be rounded to the nearest one hundred-thousandth of a percentage point with five one millionths of a percentage point rounded upwards (e.g., 9.876545% (or .09876545) would be rounded to 9.87655% (or .0987655)), and all dollar amounts used in or resulting from such calculation on the Notes be rounded to the nearest cent (with one-half cent being rounded upward). Notwithstanding the foregoing, in the event that a Holder converts all or a portion of its Notes, or has all or a portion of its Notes redeemed after the Close of Business on the Regular Record Date and prior to the Interest Payment Date in connection with a quarterly payment of Interest, the Interest payable on the Notes shall be reduced by such amount previously paid to such Holder for the portion of its Notes converted or redeemed. The Company will pay Additional Interest under certain circumstances as provided in Section 5.08 and 6.03. Each payment (including any payment made in connection with a redemption) in cash by the Company on account of the principal of and interest on and premium, if any on the Notes, shall be applied to the applicable Notes pro rata according to the outstanding principal amount (subject to any adjustment needed to maintain the minimum denominations of the Notes), unless otherwise expressly provided in the case of any partial redemption. Except as expressly provided herein, all payments (including any payment made in connection with a redemption) to be made by the Company on account of principal, interest, premium, if any, and fees shall be made without set off or counterclaim and all payments made in cash shall be made to the Trustee, in each case on or prior to 10:00 A.M., New York time, in U.S. Dollars and in immediately available funds.

Payment and Computation of Interest. The Notes will bear cash interest for each Interest Period at a rate of the Prime Rate for such Interest Period plus 94.50% per annum year until the Maturity Date, unless earlier purchased purchased, converted or converted redeemed in accordance with the provisions herein. Interest on the Notes will accrue from the most recent date on which interest has been paid or duly provided for or, if no interest has been paid or duly provided for, the date of original issuance of such NotesJuly 25, 2017. Interest will be paid to the Person in whose name a Note is registered at the Close of Business on the Regular Record Date immediately preceding the relevant Interest Payment Date quarterly semi-annually in arrears on each Interest Payment Date in connection with such quarterly interest payment (orDate; provided that, in the case of an if any Interest Payment Date, Maturity Date, Redemption Date in connection with or Fundamental Change Purchase Date of a voluntary conversion, an Optional RedemptionNote falls on a day that is not a Business Day, the Holder converting its Notes or having its Notes redeemedrequired payment will be made on the next succeeding Business Day, as applicable)and no interest on such payment will accrue in respect of the delay. Interest on the Notes shall be computed on the basis of a 360-day year and consisting of twelve 30-day months; provided, however, that, for any period in which a particular interest rate is applicable for less or more than a full semi-annual period, interest on the Notes will be computed on the basis of a 30-day month and, for periods of less than a month, the actual number of days elapsedelapsed over a 30-day month. The Company shall determine Payments of the Prime Rate Fundamental Change Purchase Price, Redemption Price, principal and interest on any Note, in each case, that are not made when due will accrue interest per annum at the Determination Date in respect of any Interest Period and will provide such then-applicable interest rate in writing to plus one percent from the Trustee on such Determination Date (or, in the case of the initial Interest Period, on the date hereof). The Company will, upon the written request of any Holder, provide the interest rate the in effect with respect to the Notes. The Trustee may conclusively and without liability rely on the Company’s determination of the interest rate and shall have no liability or responsibility for the Company’s failure to provide the interest rate on the Determination Date or for any failure or delay in performing its duties hereunder as a result of such failure. The interest rate and amount of interest to be paid on the Note for each Interest Period shall be calculated by the Company. All calculations made by the Company shall, in the absence of manifest error, be conclusive for all purposes and binding on the Trustee and the Holders. All percentages resulting from any calculation of the interest rate on the Notes shall be rounded to the nearest one hundred-thousandth of a percentage point with five one millionths of a percentage point rounded upwards (e.g., 9.876545% (or .09876545) would be rounded to 9.87655% (or .0987655)), and all dollar amounts used in or resulting from such calculation on the Notes be rounded to the nearest cent (with one-half cent being rounded upward). Notwithstanding the foregoing, in the event that a Holder converts all or a portion of its Notes, or has all or a portion of its Notes redeemed after the Close of Business on the Regular Record Date and prior to the Interest Payment Date in connection with a quarterly required payment of Interest, the Interest payable on the Notes shall be reduced by such amount previously paid to such Holder for the portion of its Notes converted or redeemeddate. The Company will pay Additional Interest under certain circumstances as provided in Section 5.08 and 6.03. Each payment (including any payment made in connection with a redemption) in cash by the Company on account of the principal of and interest on and premium, if any on the Notes, shall be applied to the applicable Notes pro rata according to the outstanding principal amount (subject to any adjustment needed to maintain the minimum denominations of the Notes), unless otherwise expressly provided in the case of any partial redemption. Except as expressly provided herein, all payments (including any payment made in connection with a redemption) to be made by the Company on account of principal, interest, premium, if any, and fees shall be made without set off or counterclaim and all payments made in cash shall be made to the Trustee, in each case on or prior to 10:00 A.M., New York time, in U.S. Dollars and in immediately available funds.

Payment and Computation of Interest. The Notes will bear interest for each Interest Period at a rate of the Prime Rate for such Interest Period plus 9% per annum until the Maturity Date, unless earlier purchased or converted in accordance with the provisions herein. Interest on the Notes will accrue from the most recent date on which interest has been paid or duly provided for or, if no interest has been paid or duly provided for, the date of original issuance of such Notes. Interest will be paid to the Person in whose name a Note is registered at the Close of Business on the Regular Record Date immediately preceding the relevant Interest Payment Date quarterly in arrears on each Interest Payment Date in connection with such quarterly interest payment (or, in the case of an Interest Payment Date in connection with a voluntary conversion, an Optional Redemption, the Holder converting its Notes or having its Notes redeemed, as applicable). Interest on the Notes shall be computed on the basis of a 360-day year and composed of twelve 30-day months and, for partial months, on the actual basis of the number of days elapsed. The Company shall determine the Prime Rate on the Determination Date actually elapsed in respect of any Interest Period and will provide such interest rate in writing to the Trustee on such Determination Date (or, in the case of the initial Interest Period, on the date hereof). The Company will, upon the written request of any Holder, provide the interest rate the in effect with respect to the Notes. The Trustee may conclusively and without liability rely on the Company’s determination of the interest rate and shall have no liability or responsibility for the Company’s failure to provide the interest rate on the Determination Date or for any failure or delay in performing its duties hereunder as a result of such failure. The interest rate and amount of interest to be paid on the Note for each Interest Period shall be calculated by the Company. All calculations made by the Company shall, in the absence of manifest error, be conclusive for all purposes and binding on the Trustee and the Holders. All percentages resulting from any calculation of the interest rate on the Notes shall be rounded to the nearest one hundred30-thousandth of a percentage point with five one millionths of a percentage point rounded upwards (e.g., 9.876545% (or .09876545) would be rounded to 9.87655% (or .0987655)), and all dollar amounts used in or resulting from such calculation on the Notes be rounded to the nearest cent (with one-half cent being rounded upward)day month. Notwithstanding the foregoing, in the event that a Holder converts all or a portion of its Notes, or has all or a portion of its Notes redeemed after the Close of Business on the Regular Record Date and prior to the Interest Payment Date in connection with a quarterly payment of Interest, the Interest payable on the Notes shall be reduced by such amount previously paid to such Holder for the portion of its Notes converted or redeemed. The Company will pay Additional Interest under certain circumstances as provided in Section 5.08 and 6.03. Each payment (including any payment made in connection with a redemption) in cash by the Company on account of the principal of and interest on and premium, if any on the Notes, shall be applied to the applicable Notes pro rata according to the outstanding principal amount (subject to any adjustment needed to maintain the minimum denominations of the Notes), unless otherwise expressly provided in the case of any partial redemptionredemptions. Except as expressly provided herein, all payments (including any payment made in connection with a redemption) to be made by the Company on account of principal, interest, premium, if any, and fees shall be made without set off or counterclaim and all payments made in cash shall be made to the Trustee, in each case on or prior to 10:00 A.M.A.M.., New York time, in U.S. Dollars and in immediately available funds.

Payment and Computation of Interest. The Notes will bear interest for each Interest Period Period, beginning on October 11, 2023, at a rate of the Prime Rate for such Interest Period plus 9% per annum until the Maturity Date, unless earlier purchased or converted in accordance with the provisions herein. Interest on the Notes will accrue from the most recent date on which interest has been paid or duly provided for or, if no interest has been paid or duly provided for, the date of original issuance of such Notes. Interest will be paid to the Person in whose name a Note is registered at the Close of Business on the Regular Record Date immediately preceding the relevant Interest Payment Date quarterly in arrears on each Interest Payment Date in connection with such quarterly interest payment (or, in the case of an Interest Payment Date in connection with a voluntary conversion, an Optional Redemption, the Holder converting its Notes or having its Notes redeemed, as applicable). Interest on the Notes shall be computed on the basis of a 360-day year and the actual number of days elapsed. The Company shall determine the Prime Rate on the Determination Date in respect of any Interest Period and will provide such interest rate in writing to the Trustee and the Holders on such Determination Date (or, in the case of the initial Interest Period, on the date hereof). The Company will, upon the written request of any Holder, provide the interest rate the in effect with respect to the Notes. The Trustee may conclusively and without liability rely on the Company’s determination of the interest rate and shall have no liability or responsibility for the Company’s failure to provide the interest rate on the Determination Date or for any failure or delay in performing its duties hereunder as a result of such failure. The interest rate and amount of interest to be paid on the Note for each Interest Period shall be calculated by the Company. All calculations made by the Company shall, in the absence of manifest error, be conclusive for all purposes and binding on the Trustee and the Holders. All percentages resulting from any calculation of the interest rate on the Notes shall be rounded to the nearest one hundred-thousandth of a percentage point with five one millionths of a percentage point rounded upwards (e.g., 9.876545% (or .09876545) would be rounded to 9.87655% (or .0987655)), and all dollar amounts used in or resulting from such calculation on the Notes be rounded to the nearest cent (with one-half cent being rounded upward). Notwithstanding the foregoing, in if Notes are converted after the event Close of Business on a Regular Record Date but prior to the opening of business on the Interest Payment Date to which that a Holder converts all or a portion Regular Record Date relates, Holders of its Notes, or has all or a portion such Notes as of its Notes redeemed after the Close of Business on the Regular Record Date and will receive, on the corresponding Interest Payment Date, the full amount of interest payable on such Notes on such Interest Payment Date notwithstanding the conversion. Notes that are converted with a Conversion Date occurring after a Regular Record Date bur prior to the next Interest Payment Date in connection with a quarterly payment Date, upon surrender for conversion, must be accompanied by funds equal to the amount of Interest, the Interest interest payable on the Notes shall be reduced by such amount previously paid to such Holder for so converted on the portion of its Notes converted or redeemednext succeeding Interest Payment Date. The Company will pay Additional Interest under certain circumstances as provided in Section 5.08 and 6.03. Each payment (including any payment made in connection with a redemption) in cash by the Company on account of the principal of and interest on and premium, if any on the Notes, shall be applied to the applicable Notes pro rata according to the outstanding principal amount (subject to any adjustment needed to maintain the minimum denominations of the Notes), unless otherwise expressly provided in the case of any partial redemption. Except as expressly provided herein, all payments (including any payment made in connection with a redemption) to be made by the Company on account of principal, interest, premium, if any, and fees shall be made without set off or counterclaim and all payments made in cash shall be made to the Trustee, in each case on or prior to 10:00 A.M., New York time, on the due date, in U.S. Dollars and in immediately available funds.

Payment and Computation of Interest. (a) The Notes will bear interest for each Interest Period at a rate of the Prime Rate for such Interest Period plus 95.75% per annum year until the Maturity Date, unless earlier purchased purchased, converted or converted redeemed in accordance with the provisions herein. Interest on the Notes will accrue from the most recent date on which interest has been paid or duly provided for or, if no interest has been paid or duly provided for, the date of original issuance of such NotesFebruary 22, 2018. Interest will be paid to the Person in whose name a Note is registered at the Close of Business on the Regular Record Date immediately preceding the relevant Interest Payment Date quarterly semi-annually in arrears on each Interest Payment Date in connection with such quarterly interest payment (orDate; provided that, in the case of an if any Interest Payment Date, Maturity Date, Redemption Date in connection with or Fundamental Change Repurchase Date of a voluntary conversion, an Optional RedemptionNote falls on a day that is not a Business Day, the Holder converting its Notes or having its Notes redeemedrequired payment will be made on the next succeeding Business Day, as applicable)and no interest on such payment will accrue in respect of the delay. Interest on the Notes shall be computed on the basis of a 360-day year and consisting of twelve 30-day months; provided, however, that, for any period in which a particular interest rate is applicable for less or more than a full semi-annual period, interest on the Notes will be computed on the basis of a 30-day month and, for periods of less than a month, the actual number of days elapsedelapsed over a 30-day month. (b) The Company may elect to pay interest on the Notes (including any Legend Removal Default Additional Interest and any Reporting Default Additional Interest) in cash or in shares of Common Stock. Interest on Definitive Notes, if paid in cash, will be payable (i) to Holders having an aggregate principal amount of $1,000,000 or less of Notes, by check mailed to such Holders at the address set forth in the Register and (ii) to Holders having an aggregate principal amount of more than $1,000,000 of Notes, either by check mailed to such Holders or, upon application by a Holder to the Registrar not later than the relevant Regular Record Date for such interest payment, by wire transfer in immediately available funds to such Holder’s account within the United States, which application shall remain in effect until the Holder notifies the Registrar to the contrary in writing. The Paying Agent will pay principal of, and cash interest on, Global Notes in immediately available funds to the registered holder of such Global Note, initially The Depository Trust Company or its nominee, as the case may be, on each Interest Payment Date, Fundamental Change Repurchase Date or other payment date, as the case may be. Interest on Definitive Notes and Global Notes, if paid in shares of Common Stock, will be paid based upon a price equal to the simple average of the ten (10) individual Daily VWAPs per share of Common Stock for the ten (10) Trading Days ending on and including the Trading Day immediately preceding the relevant Interest Payment Date (the “Averaging Period”), as calculated and determined by the Company. Prior to either the Reverse Stock Split Effective Date or the Authorized Share Amendment Effective Date, the Company shall determine the Prime Rate not be permitted elect to issue shares of Common Stock as payment of interest on the Determination Date Notes to the extent such issuance of Common Stock would exceed, in the aggregate, the Aggregate Share Cap; and, in the event such restriction applies and results in a “cut-back” of the number of shares of Common Stock issuable for payment of interest on an Interest Payment Date, the amount of shares of Common Stock to be given to each Holder in respect of any Interest Period and will provide such interest rate in writing to the Trustee payable on such Determination Interest Payment Date (or, in the case of the initial Interest Period, on the date hereof). The Company will, upon the written request of any Holder, provide the interest rate the in effect with respect to the Notes. The Trustee may conclusively and without liability rely on the Company’s determination of the interest rate and shall have no liability or responsibility for the Company’s failure to provide the interest rate on the Determination Date or for any failure or delay in performing its duties hereunder as a result of such failure. The interest rate and amount of interest to be paid on the Note for each Interest Period shall be calculated by the Company. All calculations made allocated by the Company shallon a pro rata basis among Holders based on the principal amount of Notes then held by such Holder relative to the aggregate principal amount of all then outstanding Notes submitted for conversion on such Conversion Date. In addition, the Company may only elect to make payment of interest in Common Stock if such Common Stock is not subject to restrictions on transfer under the absence Securities Act by Persons other than Affiliates of manifest errorthe Company, be conclusive whether based on an effective registration statement covering such shares or on an applicable exemption from such registration requirement for all purposes and binding on resale thereof. (c) Fifteen (15) Trading Days before the start of the applicable Averaging Period, the Company shall notify the Holders, the Trustee and the Holders. All percentages resulting from any calculation Transfer Agent of whether it will make such interest payment in cash or in shares of Common Stock; provided that, if no such notice is given, the interest rate on the Notes Company shall be rounded deemed to have notified the Holder that, subject to the nearest one hundred-thousandth of a percentage point with five one millionths of a percentage point rounded upwards (e.g.Aggregate Share Cap, 9.876545% (or .09876545) would be rounded to 9.87655% (or .0987655)the Ownership Limitation and Section 4.15(c), and all dollar amounts used the Company has elected Physical Settlement. If the Company chooses to make such payment in shares of Common Stock, three Trading Days following the applicable Interest Payment Date, the Company shall (X) provided that the Transfer Agent is participating in The Depository Trust Company’s Fast Automated Securities Transfer Program, credit the number of shares of Common Stock payable as an interest payment to such Holder’s or resulting from such calculation on its designee’s balance account with the Notes be rounded to Depositary through its Deposit/Withdrawal at Custodian system, or (Y) if the nearest cent (with one-half cent being rounded upward). Notwithstanding the foregoing, Transfer Agent is not participating in the event that Depositary Trust Company’s Fast Automated Securities Transfer Program, issue and dispatch by overnight courier to each Holder, a certificate, registered in the Company’s share register in the name of such Holder converts all or a portion its designee, for the number of its Notes, or has all or a portion shares of its Notes redeemed after the Close of Business on the Regular Record Date and prior Common Stock to the Interest Payment Date which such Holder is entitled in connection with a quarterly payment of Interest, the Interest payable on the Notes shall be reduced by such amount previously paid to such Holder for the portion of its Notes converted or redeemed. The Company will pay Additional Interest under certain circumstances as provided in Section 5.08 and 6.03. Each payment (including any payment made in connection with a redemption) in cash by the Company on account of the principal of and interest on and premium, if any on the Notes, shall be applied to the applicable Notes pro rata according to the outstanding principal amount (subject to any adjustment needed to maintain the minimum denominations of the Notes), unless otherwise expressly provided in the case of any partial redemption. Except as expressly provided herein, all payments (including any payment made in connection with a redemption) to be made by the Company on account of principal, interest, premium, if any, and fees shall be made without set off or counterclaim and all payments made in cash shall be made to the Trustee, in each case on or prior to 10:00 A.M., New York time, in U.S. Dollars and in immediately available fundspayment.

Payment and Computation of Interest. The Notes will bear interest for each Interest Period at a rate of the Prime Rate for such Interest Period plus 9% per annum annum, beginning on October 11, 2023, until the Maturity Date, unless earlier purchased or converted in accordance with the provisions herein. Interest on the Notes will accrue from the most recent date on which interest has been paid or duly provided for or, if no interest has been paid or duly provided for, the date of original issuance of such Notes. Interest will be paid to the Person in whose name a Note is registered at the Close of Business on the Regular Record Date immediately preceding the relevant Interest Payment Date quarterly in arrears on each Interest Payment Date in connection with such quarterly interest payment (or, in the case of an Interest Payment Date in connection with a voluntary conversion, an Optional Redemption, the Holder converting its Notes or having its Notes redeemed, as applicable). Interest on the Notes shall be computed on the basis of a 360-day year and composed of twelve 30-day months and, for partial months, on the actual basis of the number of days elapsed. The Company shall determine the Prime Rate on the Determination Date actually elapsed in respect of any Interest Period and will provide such interest rate in writing to the Trustee on such Determination Date (or, in the case of the initial Interest Period, on the date hereof). The Company will, upon the written request of any Holder, provide the interest rate the in effect with respect to the Notes. The Trustee may conclusively and without liability rely on the Company’s determination of the interest rate and shall have no liability or responsibility for the Company’s failure to provide the interest rate on the Determination Date or for any failure or delay in performing its duties hereunder as a result of such failure. The interest rate and amount of interest to be paid on the Note for each Interest Period shall be calculated by the Company. All calculations made by the Company shall, in the absence of manifest error, be conclusive for all purposes and binding on the Trustee and the Holders. All percentages resulting from any calculation of the interest rate on the Notes shall be rounded to the nearest one hundred30-thousandth of a percentage point with five one millionths of a percentage point rounded upwards (e.g., 9.876545% (or .09876545) would be rounded to 9.87655% (or .0987655)), and all dollar amounts used in or resulting from such calculation on the Notes be rounded to the nearest cent (with one-half cent being rounded upward)day month. Notwithstanding the foregoing, in if Notes are converted after the event Close of Business on a Regular Record Date but prior to the opening of business on the Interest Payment Date to which that a Holder converts all or a portion Regular Record Date relates, Holders of its Notes, or has all or a portion such Notes as of its Notes redeemed after the Close of Business on the Regular Record Date and will receive, on the corresponding Interest Payment Date, the full amount of interest payable on such Notes on such Interest Payment Date notwithstanding the conversion. Notes that are converted with a Conversion Date occurring after a Regular Record Date bur prior to the next Interest Payment Date in connection with a quarterly payment Date, upon surrender for conversion, must be accompanied by funds equal to the amount of Interest, the Interest interest payable on the Notes shall be reduced by such amount previously paid to such Holder for so converted on the portion of its Notes converted or redeemednext succeeding Interest Payment Date. The Company will pay Additional Interest under certain circumstances as provided in Section 5.08 and 6.03. Each payment (including any payment made in connection with a redemption) in cash by the Company on account of the principal of and interest on and premium, if any on the Notes, shall be applied to the applicable Notes pro rata according to the outstanding principal amount (subject to any adjustment needed to maintain the minimum denominations of the Notes)amount, unless otherwise expressly provided in the case of any partial redemptionredemptions. Except as expressly provided herein, all payments (including any payment made in connection with a redemption) to be made by the Company on account of principal, interest, premium, if any, and fees shall be made without set off or counterclaim and all payments made in cash shall be made to the Trustee, in each case on or prior to 10:00 A.M., New York time, on the due date, in U.S. Dollars and in immediately available funds.