Common use of Principal Amount Conversion Conditions Clause in Contracts

Principal Amount Conversion Conditions. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall convert into shares of Common Stock all or a portion of the Principal Amount due on the Maturity Date if the following conditions (the "Conversion Criteria") are satisfied: (i) the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market for the five (5) trading days immediately preceding the Maturity Date shall be greater than or equal to 120% of the Fixed Conversion Price and (ii) the amount of such conversion does not exceed twenty-five percent (25%) of the aggregate dollar trading volume of the Common Stock for the period of twenty-two (22) trading days immediately preceding the Maturity Date. If subsection (i) of the Conversion Criteria is met but subsection (ii) of the Conversion Criteria is not met as to the entire Principal Amount, the Holder shall convert only such part of the Principal Amount that meets subsection (ii) of the Conversion Criteria. Any portion of the Principal Amount due on the Maturity Date that the Holder has not been able to convert into shares of Common Stock due to the failure to meet the Conversion Criteria, shall be paid in cash by the Companies on the Maturity Date at the rate of 100% of the Principal Amount otherwise due on the Maturity Date.

Principal Amount Conversion Conditions. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall convert into shares of Common Stock all or a portion of the Principal Amount due on the Maturity Date if the following conditions (the "“Conversion Criteria"”) are satisfied: (i) the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market for the five (5) trading days immediately preceding the Maturity Date shall be greater than or equal to 120% of the Fixed Conversion Price and (ii) the amount of such conversion does not exceed twenty-five percent (25%) of the aggregate dollar trading volume of the Common Stock for the period of twenty-two (22) trading days immediately preceding the Maturity Date. If subsection (i) of the Conversion Criteria is met but subsection (ii) of the Conversion Criteria is not met as to the entire Principal Amount, the Holder shall convert only such part of the Principal Amount that meets subsection (ii) of the Conversion Criteria. Any portion of the Principal Amount due on the Maturity Date that the Holder has not been able to convert into shares of Common Stock due to the failure to meet the Conversion Criteria, shall be paid in cash by the Companies on the Maturity Date at the rate of 100% of the Principal Amount otherwise due on the Maturity Date.

Principal Amount Conversion Conditions. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall convert into shares of Common Stock all or a portion of the Principal Amount due on the Maturity Date if the following conditions (the "Conversion CriteriaCONVERSION CRITERIA") are satisfied: (i) the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market for the five (5) trading days immediately preceding the Maturity Date shall be greater than or equal to 120% of the Fixed Conversion Price and (ii) the amount of such conversion does not exceed twenty-five percent (25%) of the aggregate dollar trading volume of the Common Stock for the period of twenty-two (22) trading days immediately preceding the Maturity Date. If subsection (i) of the Conversion Criteria is met but subsection (ii) of the Conversion Criteria is not met as to the entire Principal Amount, the Holder shall convert only such part of the Principal Amount that meets subsection (ii) of the Conversion Criteria. Any portion of the Principal Amount due on the Maturity Date that the Holder has not been able to convert into shares of Common Stock due to the failure to meet the Conversion Criteria, shall be paid in cash by the Companies on the Maturity Date at the rate of 100% of the Principal Amount otherwise due on the Maturity Date.