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

Payment of Interest in Cash or Kind. Interest shall be payable on each Conversion Date (as to that principal amount then being converted) or the Maturity Date, as applicable, in cash or in duly authorized, validly issued, fully paid, and non-assessable shares of Common Stock or a combination thereof, at the Company’s option; provided, however, that in the event that all of the Equity Conditions are not met on that certain Conversion Date or Maturity Date, as applicable, such payment in cash or Common Stock or combination thereof shall be at the Holder’s option. Payment of interest in shares of Common Stock shall otherwise occur pursuant to Section 4(c)(ii) herein. Interest hereunder will be paid to the Person in whose name this Note is registered on the records of the Company regarding registration and transfers of this Note (the “Note Register”). Except as otherwise provided herein, if at any time the Company pays interest partially in cash and partially in shares of Common Stock to the holder of the Note, then such payment of cash shall be distributed ratably among the holders of the then-outstanding Note based on their (or their predecessor’s) initial purchases of Note pursuant to the Purchase Agreement.

Payment of Interest in Cash or Kind. Interest shall be payable on each Conversion Date (as to that principal amount then being converted) and on each Amortization Payment Date or the Maturity Date, as applicable, in cash or in duly authorized, validly issued, fully paid, and non-assessable shares of Common Stock or a combination thereof, at the Company’s option; provided, however, that in the event that all of the Equity Conditions are not met on that certain Conversion Date, Amortization Payment Date or Maturity Date, as applicable, such payment in cash or Common Stock or combination thereof shall be at the Holder’s option. Payment of interest in shares of Common Stock shall otherwise occur pursuant to Section 4(c)(ii) herein. Interest hereunder will be paid to the Person in whose name this Note is registered on the records of the Company regarding registration and transfers of this Note (the “Note Register”). Except as otherwise provided herein, if at any time the Company pays interest partially in cash and partially in shares of Common Stock to the holder of the Note, then such payment of cash shall be distributed ratably among the holders of the then-outstanding Note based on their (or their predecessor’s) initial purchases of Note pursuant to the Purchase Agreement.

Payment of Interest in Cash or Kind. Interest shall be payable on each Conversion Date (as to that principal amount then being converted) or the Maturity Date, as applicable, in cash or in duly authorized, validly issued, fully paid, and non-assessable shares of Common Stock or a combination thereof, at the Company’s option; provided, however, that in the event that all of the Equity Conditions are not met on that certain Conversion Date or Maturity Date, as applicable, such payment in cash or Common Stock or combination thereof shall be at the Holder’s option. Payment of interest in shares of Common Stock shall otherwise occur pursuant to Section 4(c)(ii) herein. Interest hereunder will be paid to the Person in whose name this Note is registered on the records of the Company regarding registration and transfers of this Note (the “Note Register”). Except as otherwise provided herein, if at any time the Company pays interest partially in cash and partially in shares of Common Stock to the holder of the Note, then such payment of cash shall be distributed ratably among the holders of the then-outstanding Note based on their (or their predecessor’spredecessors’) initial purchases of Note pursuant to the Purchase Agreement.

Payment of Interest in Cash or Kind. Interest shall be payable on each Conversion Date (as to that principal amount then being converted) and or the Maturity Demand Date, as applicable, in cash or in duly authorized, validly issued, fully paid, and non-assessable shares of Common Stock or a combination thereof, at the Company’s option; provided, however, that in the event that all of the Equity Conditions are not met on that certain Conversion Date or Maturity Demand Date, as applicable, such payment in cash or Common Stock or combination thereof shall be at the Holder’s option. Payment of interest in shares of Common Stock shall otherwise occur pursuant to Section 4(c)(ii) herein. Interest hereunder will be paid to the Person in whose name this Note is registered on the records of the Company regarding registration and transfers of this Note (the “Note Register”). Except as otherwise provided herein, if at any time the Company pays interest partially in cash and partially in shares of Common Stock to the holder of the Note, then such payment of cash shall be distributed ratably among the holders of the then-outstanding Note based on their (or their predecessor’s) initial purchases of Note pursuant to the Purchase Agreement.