Common use of Payment in Common Stock Clause in Contracts

Payment in Common Stock. (a) In lieu of making any payment of principal or interest required or permitted to be made under the Notes (including without limitation pursuant to Section 2.4 but other than as a result of acceleration pursuant to Sections 5.5 and 5.6), the Borrower may elect to satisfy any such payment (in the order of priority set forth in Section 2.6) by the issuance to the Investors of shares of Common Stock registered for issuance under the Securities Act of 1933 (a “Share Issuance”) so long as it complies with each of the following conditions:

Payment in Common Stock. (a) In lieu of making any payment of principal or accrued and unpaid interest required or permitted to be made under in respect of the Notes Loan in cash (including without limitation pursuant to Section 2.4 but other than as a result of acceleration pursuant to Sections 5.5 and 5.6), the Borrower may elect to satisfy any such payment (in the order of priority set forth in Section 2.6) by the issuance to the Investors Lenders of shares of Common Stock registered for issuance or resale under the Securities Act of 1933 (a “Share Issuance”) so long as it complies in accordance with each the provisions of the following conditions:this Section 2.12.

Payment in Common Stock. (a) In lieu of making any payment of principal or compound interest required or permitted to be made under the Notes (including without limitation pursuant to Section 2.4 but other than as a result of acceleration pursuant to Sections 5.5 and 5.6), the Borrower may elect to satisfy any such payment (in the order of priority set forth in Section 2.6) by the issuance to the Investors Lenders of shares of Common Stock registered for issuance under the Securities Act of 1933 (a “Share Issuance”) so long as it complies with each of the following conditions: