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) 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) 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 on this Note shall commence accruing on the Issuance Date and shall be computed on the basis of a 360-day year and twelve 30-day months and shall be payable in arrears with respect to any given calendar month, on the first Business Day of such calendar quarter (each, an “Interest Date”). Interest shall capitalize on each Conversion Interest Date by adding the accrued Interest to the then outstanding Principal of this Note (as to that principal amount then being converted) and on each Amortization Payment Date or the Maturity Date“Capitalized Interest”), as applicable, in cash or in duly authorized, validly issued, fully paid, and non-assessable shares of Common Stock or a combination thereofor, 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 payable on such Interest Date in cash. Interest shall cease to accrue with respect to any principal amount converted, provided that, the Holder’s option. Payment of interest in shares of Common Stock shall otherwise occur pursuant to Company actually delivers the Conversion Shares within the time period required by Section 4(c)(ii) herein. Interest hereunder will be paid to the Person in whose name this Note Debenture is registered on the records of the Company regarding registration and transfers of this Note Debenture (the “Note Debenture Register”). Except as otherwise provided herein, if at any time the Company pays interest partially in cash and partially in shares of Common Stock as Capitalized Interest to the holder holders of the NoteDebentures, then such payment of cash shall be distributed ratably among the holders of the then-outstanding Note Debentures based on their (or their predecessor’s) initial aggregate purchases of Note Debentures pursuant to the Securities 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’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 on each Amortization Payment Date 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, Amortization Payment 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.