Common use of Payment of Interest in Cash or Common Stock Clause in Contracts

Payment of Interest in Cash or Common Stock. The Company shall pay interest to the Holder on the aggregate unconverted and then outstanding principal amount of this Note at the rate of nine percent (9%) per annum (the “Old Interest”), payable quarterly on January 1, April 1, July 1 and October 1 (each, an “Interest Payment Date”), beginning on the first such date after the Original Issue Date, on each Conversion Date (as to that principal amount then being converted), on each Optional Redemption Date (as to that principal amount then being redeemed) and on the Maturity Date (each such date, an “Interest Payment Date”) (if any Interest Payment Date is not a Business Day, then the applicable payment shall be due on the next succeeding Business Day) through May 1, 2023. The Company shall pay interest to the Holder on the aggregate unconverted and then outstanding principal amount of this Note at the rate of twelve percent (12%) per annum (the “New Interest”), payable on each Interest Payment Date, beginning on or after May 2, 2023. Up to and including the October 1, 2023 Interest Payment Date, all interest payments are due and payable in cash. Any difference between the New Interest and the Old Interest that has accrued but has not be paid to the Holder shall be paid by the Company, at its option may in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company at the Interest Payment Rate or in cash. Commencing with the January 1, 2024 Interest Payment Date and thereafter, the Company, at its option may make interest payments and payment of other amounts due and payable under this Note in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock of the Company at the Interest Payment Rate or in cash. Upon the occurrence of an Event of Default, the Company shall pay interest to the Holder on the aggregate unconverted and then outstanding principal amount of this Note at the rate of twenty percent (20%) per annum.

Payment of Interest in Cash or Common Stock. The Company shall pay interest to the Holder on the aggregate unconverted and then outstanding principal amount of this Note Debenture at the rate of nine percent (9%) per annum (the “Old Interest”)Applicable Interest Rate, payable quarterly on January 1, April 1, July 1 and October 1 (each, an “Interest Payment Date”), beginning on monthly in arrears as of the first such date after the Original Issue Date, on last Trading Day of each Conversion Date (as to that principal amount then being converted), on each Optional Redemption Date (as to that principal amount then being redeemed) calendar month and on the Maturity Date (each such date, an “Interest Payment Date”) (if any Interest Payment Date is not a Business Day, then the applicable payment shall be due on the next succeeding Business Day) through May 1), 2023. The Company shall pay interest to the Holder on the aggregate unconverted and then outstanding principal amount of this Note in cash or, at the rate of twelve percent (12%) per annum (the “New Interest”), payable on each Interest Payment Date, beginning on or after May 2, 2023. Up to and including the October 1, 2023 Interest Payment Date, all interest payments are due and payable in cash. Any difference between the New Interest and the Old Interest that has accrued but has not be paid to the Holder shall be paid by the Company, at its option may ’s election in duly authorized, validly issued, issued and fully paid and non-assessable shares of Common Stock of at the Company at Stock Payment Price on the Interest Payment Rate Date, or a combination thereof (the amount to be paid in cashshares of Common Stock, the “Interest Share Amount”). Commencing with Notwithstanding anything contained herein to the January 1contrary, 2024 any payment of interest in shares of Common Stock may only occur if (i) all of the Equity Conditions have been met (unless waived by the Holder in writing) during the twenty (20) Trading Days immediately prior to the applicable Interest Payment Date and thereafter, through and including the Company, at its option may make interest payments and payment of other amounts due and payable under this Note in duly authorized, validly issued, fully paid and non-assessable date such shares of Common Stock of are actually issued to the Holder, (ii) the Company at shall have given the Holder notice in accordance with the notice requirements set forth below and (iii) as to such Interest Payment Rate or in cash. Upon Date, prior to such Interest Notice Period (but not more than three (3) Trading Days prior to the occurrence commencement of an Event of Defaultsuch Interest Notice Period), the Company shall pay interest have delivered to the Holder on Holder's or its broker's DTC account the number of shares of Common Stock to be applied against such Interest Share Amount equal to the quotient (such quotient of (x) and (y), the “Interest Advance Shares”) of (x) the applicable Interest Share Amount divided by (y) the Stock Payment Price assuming for such purposes that the Interest Payment Date is the third (3rd) Trading Day immediately prior to the commencement of the Interest Notice Period (the “Interest Advance Shares Date”). In the event that the number of Interest Advance Shares or Interest True-Up Shares (in the aggregate unconverted with the number of Monthly Redemption Advance Shares and Stock Payment Shares, if any, issued to the holder during the applicable Interest Notice Period) exceeds the Volume Limit for any Interest Payment Date, or the delivery of Interest Advance Shares or Interest True Up Shares would cause the Beneficial Ownership Limitation to be exceeded, then outstanding principal amount the Company shall pay the portion of this Note at the rate Interest Share Amount that would be in excess of twenty percent (20%) per annumthe Dollar Volume Limitation or would cause the Holder to exceed the Beneficial Ownership Limitation in cash.