Common use of Redemption Procedure Clause in Contracts

Redemption Procedure. The payment of cash and/or issuance of Common Stock, as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on the Optional Redemption Date. If any portion of the cash payment for a Monthly Redemption or Optional Redemption shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In addition, if any portion of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemption, notwithstanding anything herein contained to the contrary. Notwithstanding anything to the contrary in this Section 6, the Company's determination to redeem in cash or shares of Common Stock shall be applied ratably among the Holders based upon the principal amount of Debentures initially purchased by each Holder, adjusted upward ratably in the event all of the shares of Debentures of any Holder are no longer outstanding.

Redemption Procedure. The payment of cash and/or issuance of Common StockStock (other than the Pre-Redemption Conversion Shares), as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and Date. The aggregate number of Conversion Shares otherwise issuable to the payment of cash Holder pursuant to an Optional a Monthly Redemption on a Monthly Redemption Date shall be made on reduced by the Optional number of Pre-Redemption DateConversion Shares issued to the Holder in connection with such Monthly Redemption (adjusted appropriately for any such shares applied to conversion during the Monthly Redemption Period). If any portion of the cash payment for a Monthly Redemption or Optional Redemption shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon thereon, is paid in full. In additionAlternatively, if any portion of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary. Notwithstanding anything If any Pre-Redemption Conversion Shares are issued to the contrary Holder in this Section 6connection with a Monthly Redemption and are not applied against either the Monthly Redemption Amount or against voluntary conversions during the Monthly Redemption, then the Holder shall promptly return such excess shares to the Company's determination to redeem in cash or shares of Common Stock shall be applied ratably among the Holders based upon the principal amount of Debentures initially purchased by each Holder, adjusted upward ratably in the event all of the shares of Debentures of any Holder are no longer outstanding.

Redemption Procedure. The payment of cash and/or issuance of Common Stock, as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on the Optional Redemption Date. If any portion of the cash payment for a Monthly an Optional Redemption or Optional Holder Redemption shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Optional Redemption Amount or Optional Holder Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In additionAlternatively, if any portion of the Monthly Optional Redemption Amount or Optional Holder Redemption Amount, as applicable, Amount remains unpaid after such date, the Holders subject to such redemption may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary, provided such Holders repay that portion of the Optional Redemption Amount or Holder Redemption Amount previously paid, if any, with respect to such invalidated Optional Redemption concurrently with delivery of such notice, the Company shall have no further right to exercise such Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's determination to redeem in cash or shares of Common Stock pursuant to an Optional Redemption shall be applied ratably among the Holders of Debentures ratably (based upon on the original principal amount of Debentures initially purchased by each Holder, pursuant to the Purchase Agreement) adjusted upward ratably proportionally in the event all of the shares of any Debentures of any Holder are no longer outstanding. The Holder may elect to convert the outstanding principal amount of the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by fax delivery of a Notice of Conversion to the Company.

Redemption Procedure. The payment of cash and/or or issuance of Common Stock, as the case may beapplicable, pursuant to a an Optional, Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an or Change in Control Optional Redemption shall be made payable on the Optional, Monthly or Change in Control Optional Redemption Date, as applicable. If any portion of the cash payment for a or warrants issuable pursuant to an Optional, Monthly Redemption or Change in Control Optional Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon at an interest rate equal to the rate lesser of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) law until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Optional, Monthly or Change in Control Optional Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemptionOptional, notwithstanding anything herein contained Monthly or Change in Control Optional Redemption, ab initio, and, with respect to the contraryCompany’s failure to honor the Optional or Change in Control Optional Redemption, the Company shall have no further right to exercise such Optional or Change in Control Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or shares of Common Stock its elections under Section 6 shall be applied ratably among the Holders based upon of Debentures. The Holder may elect to convert or exchange the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment for any redemption under this Section 6 by each Holder, adjusted upward ratably in the event all delivery of the shares a Notice of Debentures Conversion or Notice of any Holder are no longer outstandingExchange.

Redemption Procedure. The payment of cash and/or or issuance of Common Stock, as the case may beapplicable, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption, Going Public Redemption Date or a Quarterly Redemption shall be made payable on the Optional Redemption Date, Going Public Redemption Date or Quarterly Redemption Date, as applicable. If any portion of the cash payment for a Monthly pursuant to an Optional Redemption, Going Public Redemption or Optional Quarterly Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon at an interest rate equal to the rate lesser of 1815% per annum (or the maximum rate permitted by applicable law, whichever is less) law until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, Going Public Redemption Amount or Quarterly Redemption Amount remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemptionOptional Redemption, notwithstanding anything herein contained Going Public Redemption or Quarterly Redemption, ab initio, and, with respect to the contraryCompany’s failure to honor the Optional Redemption, the Company shall have no further right to exercise such Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or shares of Common Stock its elections under Section 6(b) shall be applied ratably among the Holders based upon of Debentures. Subject to the limitation set forth in this Section 6, the Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in the event all delivery of a Notice of Conversion to the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. i. The payment of cash and/or or issuance of Common Stock, as the case may beapplicable, pursuant to an Optional Redemption or a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made payable on the Optional Redemption Date or Monthly Redemption Date, as applicable. If any portion of the cash payment for a Monthly pursuant to an Optional Redemption or Optional Monthly Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon at an interest rate equal to the rate lesser of 1815 % per annum (or the maximum rate permitted by applicable law, whichever is less) law until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Optional Redemption Amount or Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemptionOptional Redemption or Monthly Redemption, notwithstanding anything herein contained ab initio, and, with respect to the contraryCompany’s failure to honor the Optional Redemption, the Company shall have no further right to exercise such Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or shares of Common Stock its elections under Section 6(b) shall be applied ratably among the Holders based upon of Notes. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Note pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each the delivery of a Notice of Conversion to the Company. ii. Notwithstanding anything herein contained to the contrary, the Holder, adjusted upward ratably at its option, may defer any Monthly Redemption (each a “Deferred Redemption”) up to a maximum of four times. In such event, the Holder may elect to receive a Deferred Redemption at any time in shares of Common Stock at the lesser of (i) the Conversion Price, (ii) 92% of the average of the three lowest VWAPs in the event all ten (10) days prior to the Holder’s notice to the Company of its election to receive payment for the Deferred Redemption. Any payment of a Deferred Redemption that is not converted into shares of Debentures Common Stock, shall be paid in cash to the Holder on the next applicable Monthly Redemption Date. iii. Notwithstanding anything herein contained to the contrary, the Holder, at its option, may accelerate up to four (4) Monthly Redemptions during any calendar month (an “Accelerated Redemption”), through no more than two additional Monthly Redemption Notices, by indicating such acceleration on a Monthly Redemption Notice (or an additional Monthly Redemption Notice). In such event, the Holder may elect to receive an Accelerated Redemption (on a LIFO basis) at any time in shares of Common Stock at the Monthly Conversion Price. Any payment of an Accelerated Redemption shall be paid in Shares of Common Stock on the Monthly Redemption Date or Accelerated Redemption Date that relates to the Monthly Redemption Notice (or an additional Monthly Redemption Notice, as the case may be) indicating an Accelerated Redemption. For the avoidance of doubt, the Holder is entitled to an Accelerated Redemption, at its option, with respect to each Monthly Redemption. For the avoidance of doubt, the Holder shall have in any Holder are no longer outstandingmonth the right to provide the Company an aggregate of three Monthly Redemption Notices during any calendar month.

Redemption Procedure. The payment of cash and/or or, in the case of a Monthly Redemption, the issuance of Common StockStock if applicable, shall be payable on the Monthly Redemption Date or Optional Redemption Date, as the case may be, pursuant to . In the case of a Monthly Redemption, in the event that the number of Pre-Redemption shall Conversion Shares exceeds the number of Conversion Shares required to be made issued on the Monthly Redemption Date and as set forth in Section 6(a), within 3 Trading Days the payment Holder shall either (i) return such excess Pre-Redemption Conversion Shares to the Company for cancellation or (ii) convert an additional principal amount of cash pursuant this Debenture at the Conversion Price to an Optional be applied against such excess Pre-Redemption shall be made on the Optional Redemption DateConversion Shares. If any portion of the cash payment for pursuant to a Monthly Redemption or Optional Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon at an interest rate equal to the rate lesser of 1815% per annum (or the maximum rate permitted by applicable law, whichever is less) law until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Monthly Optional Redemption Amount or Optional Monthly Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafterthereafter accompanied by any payments of cash or Common Stock therefore paid by the Company in respect of such redemption, to invalidate AB INITIO such redemptionOptional Redemption or Monthly Redemption, notwithstanding anything herein contained to the contraryab initio. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or shares of Common Stock its elections under Section 6(a) shall be applied ratably among the Holders based upon of Debentures. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Debenture subject to redemptions under Sections 6(a) or 6(b) pursuant to Section 4 at any time prior to actual payment in cash for any redemption under this Section 6 by each Holderthe delivery of a Notice of Conversion to the Company. For purposes of clarification, adjusted upward ratably the Warrants held by the Holder shall not be required to be surrendered in the event all of the shares of Debentures of any Holder are no longer outstandingredemption under this Debenture.

Redemption Procedure. The payment of cash and/or or issuance of Common Stock, as the case may beapplicable, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption or a Monthly Redemption or a Mandatory Prepayment shall be made payable on the Optional Redemption Date and Monthly Redemption Date or Mandatory Prepayment Date, as applicable. If any portion of the cash payment for a pursuant to an Optional Redemption or Monthly Redemption or Optional Redemption Mandatory Prepayment shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon at an interest rate equal to the rate lesser of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) law until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Optional Redemption Amount or Monthly Redemption Amount or Optional Redemption Amount, as applicable, Mandatory Prepayment remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemptionOptional Redemption or Monthly Redemption or Mandatory Prepayment, notwithstanding anything herein contained ab initio, and, with respect to the contraryCompany’s failure to honor the Optional Redemption, the Company shall have no further right to exercise such Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or shares of Common Stock its elections under Section 6(b) shall be applied ratably among the Holders based upon of Notes. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Note pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in the event all delivery of a Notice of Conversion to the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. The payment of cash and/or issuance of Common Stock (other than the Pre-Redemption Conversion Shares), as the case may be, pursuant to a Monthly Redemption or the payment of cash pursuant to a Holder Optional Redemption shall be made on the Monthly Redemption Date or the Holder Optional Redemption Date, as applicable. The aggregate number of Conversion Shares otherwise issuable to the Holder pursuant to a Monthly Redemption on a Monthly Redemption Date shall be reduced by the number of Pre-Redemption Conversion Shares issued to the Holder in connection with such Monthly Redemption (adjusted appropriately for any such shares applied to conversion during the Monthly Redemption Period). If any portion of the cash payment and/or issuance of Common Stock, as the case may be, pursuant to for a Monthly Redemption shall be made on the Monthly Redemption Date and or the payment of cash pursuant to an a Holder Optional Redemption shall be made on the Optional Redemption Date. If any portion of the cash payment for a Monthly Redemption or Optional Redemption Redemption, as applicable, shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount Amount, or the Holder Optional Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In additionAlternatively, if any portion of the Monthly Redemption Amount or the Holder Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary. Notwithstanding anything , and the Holder's right to exercise a Holder Optional Redemption in the contrary in this Section 6, the Company's determination to redeem in cash or shares of Common Stock future shall be applied ratably among restored. The Holder may elect to convert the Holders based upon the outstanding principal amount of Debentures initially purchased this Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holderfax delivery of a Notice of Conversion to the Company. If any Pre-Redemption Conversion Shares are issued to the Holder in connection with a Monthly Redemption and are not applied against either the Monthly Redemption Amount or against optional conversions during the Monthly Redemption Period, adjusted upward ratably in then the event all of Holder shall promptly return such excess shares to the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. The payment of cash and/or issuance of Common Stock, as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on the Optional Redemption Date. If any portion of the cash payment for a Monthly Redemption or Optional Redemption shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In addition, if any portion of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemption, notwithstanding anything herein contained to the contrary. Notwithstanding anything to the contrary in this Section 65, the Company's determination to redeem in cash or shares of Common Stock shall be applied ratably among the Holders based upon the principal amount of Debentures initially purchased by each Holder, adjusted upward ratably in the event all of the shares of Debentures of any Holder are no longer outstanding.

Redemption Procedure. The payment of cash and/or issuance of Common StockStock (other than the Pre-Redemption Conversion Shares), as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and or the payment of cash pursuant to an Optional Redemption shall be made on the Monthly Redemption Date or the Optional Redemption DateDate (as applicable). The aggregate number of Conversion Shares otherwise issuable to the Holder pursuant to a Monthly Redemption on a Monthly Redemption Date shall be reduced by the number of Pre-Redemption Conversion Shares issued to the Holder in connection with such Monthly Redemption (adjusted appropriately for any such shares applied to conversion during the Monthly Redemption Period). If any portion of the cash payment for a Monthly Redemption or an Optional Redemption Redemption, as applicable, shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon thereon, is paid in full. In additionAlternatively, if any portion of the Monthly Redemption Amount or the Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary, and, with respect the failure to honor the Optional Redemption, the Company shall have no further right to exercise such Optional Redemption. Notwithstanding anything If any Pre-Redemption Conversion Shares are issued to the contrary Holder in this Section 6connection with a Monthly Redemption and are not applied against either the Monthly Redemption Amount or against voluntary conversions during the Monthly Redemption, then the Holder shall promptly return such excess shares to the Company's determination . The Holder may elect to redeem in cash or shares of Common Stock shall be applied ratably among convert the Holders based upon the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in fax delivery of a Notice of Conversion to the event all of the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. The payment of cash and/or issuance of Common Stock, as the case may be, pursuant to the Quarterly Redemption, an Optional Redemption or a Monthly Redemption Deferred Redemption, shall be made on the Monthly Quarterly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on Date, the Optional Redemption Date or the Deferred Redemption Date, as applicable. If any portion of the cash payment for a Monthly Quarterly Redemption, an Optional Redemption or Optional Redemption a Deferred Redemption, as applicable shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Quarterly Redemption Amount, the Optional Redemption Amount or Optional the Deferred Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In additionAlternatively, if any portion of the Monthly Quarterly Redemption Amount, the Optional Redemption Amount or Optional the Deferred Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary. Notwithstanding anything , and, with respect the failure to honor the contrary in this Section 6Optional Redemption as applicable, the Company's determination Company shall have no further right to redeem in cash or shares of Common Stock shall be applied ratably among exercise such Optional Redemption. The Holder may elect to convert the Holders based upon the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in fax or email delivery of a Notice of Conversion to the event all of the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. The payment of cash and/or or issuance of Common StockStock (other than the Pre-Redemption Conversion Shares), as applicable, pursuant to an Optional or Monthly Redemption shall be made on the case may beOptional or Monthly Redemption Date, as applicable. The aggregate number of Conversion Shares issued to the Holder pursuant to a Monthly Redemption shall be made on reduced by the number of Pre-Redemption Conversion Shares issued to the Holder in connection with the Monthly Redemption Date and less the payment number of cash pursuant Pre-Redemption Conversion Shares applied to an Optional Redemption shall be made on conversions of the Optional Redemption Holder during the 20 Trading Days immediately prior to the Monthly Conversion Date. If any portion of the cash payment for a pursuant to an Optional or Monthly Redemption or Optional Redemption Redemption, as applicable, shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon until such amount is paid in full at an interest rate equal to the rate lesser of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until . Notwithstanding anything herein contained to the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In additioncontrary, if any portion of the Optional or Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained and, with respect to the contraryCompany's failure to honor the Optional Redemption, the Company shall have no further right to exercise such Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's determination to redeem in cash or shares of Common Stock its elections under Section 6(b) shall be applied ratably among the Holders based upon of Debentures. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holderthe delivery of a Notice of Conversion to the Company. If any Pre-Redemption Conversion Shares are issued to the Holder in connection with a Monthly Redemption and are not applied against either the Monthly Redemption Amount or against voluntary conversions during the Monthly Redemption, adjusted upward ratably in then the event all of Holder shall promptly return such excess shares to the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. The payment of cash and/or issuance of Common Stock, as the case may be, pursuant to the Monthly Redemption, an Optional Redemption or a Monthly Redemption Deferred Redemption, shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on Date, the Optional Redemption Date or the Deferred Redemption Date, as applicable. If any portion of the cash payment for a Monthly Redemption, an Optional Redemption or Optional Redemption a Deferred Redemption, as applicable shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount, the Optional Redemption Amount or Optional the Deferred Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In additionAlternatively, if any portion of the Monthly Redemption Amount, the Optional Redemption Amount or Optional the Deferred Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary, and, with respect the failure to honor the Optional Redemption as applicable, the Company shall have no further right to exercise such Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or shares of Common Stock its elections under Section 6(b) shall be applied ratably among the Holders based upon of Debentures ratably. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in fax delivery of a Notice of Conversion to the event all of the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. The payment of cash and/or issuance of Common Stock, as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on the Optional Redemption Date. If any portion of the cash payment for a Monthly Redemption or Optional Redemption shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 1815% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In additionAlternatively, if any portion of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary, and, with respect the failure to honor an Optional Redemption only, the Company shall have no further right to exercise such Optional Redemption Right. Notwithstanding anything to the contrary in this Section 65, the Company's determination to redeem in cash or shares of Common Stock shall be applied ratably among the Holders of Debentures issued on the Issuance Date based upon the principal amount of Debentures initially purchased by each HolderHolder on such Issuance Date, adjusted upward ratably in the event all of the shares of Debentures of any Holder issued on such Issuance Date are no longer outstanding.

Redemption Procedure. The payment of cash and/or cash, issuance of Common StockStock or transfer of DOC Shares, as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on the Optional Redemption Date. If any portion of the cash payment for a Monthly Redemption or Optional Redemption shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In addition, if any portion of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein --------- contained to the contrary. Notwithstanding anything to the contrary in this Section 6, the Company's determination to redeem in cash or cash, shares of Common Stock or DOC Shares shall be applied ratably among the Holders based upon the principal amount of Debentures initially purchased by each Holder, adjusted upward ratably in the event all of the shares of Debentures of any Holder are no longer outstanding.

Redemption Procedure. The payment of cash and/or issuance of Common Stock, as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption or Change of Control Redemption shall be made payable on the Optional Redemption Date or Change of Control Redemption Date. If any portion of the cash payment for a Monthly pursuant to an Optional Redemption or Optional Change of Control Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon at an interest rate equal to the rate lesser of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) law until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Monthly Optional Redemption Amount or Optional Change of Control Redemption Amount, as applicable, Amount remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemptionOptional Redemption or Change of Control Redemption, notwithstanding anything herein contained ab initio, and, with respect to the contraryCompany’s failure to honor the Optional Redemption or Change of Control Redemption, the Company shall have no further right to exercise such Optional Redemption or Change of Control Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash pursuant to an Optional Redemption or shares Change of Common Stock Control Redemption shall be applied ratably among the Holders based upon of Debentures. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in the event all delivery of a Notice of Conversion to the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. The payment of cash and/or or issuance of Common Stock or BVTI Common Stock, as the case may beapplicable, pursuant to a an Optional, Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an or Change in Control Optional Redemption shall be made payable on the Optional, Monthly or Change in Control Optional Redemption Date, as applicable. If any portion of the cash payment for a or warrants issuable pursuant to an Optional, Monthly Redemption or Change in Control Optional Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon at an interest rate equal to the rate lesser of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) law until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Optional, Monthly or Change in Control Optional Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemptionOptional, notwithstanding anything herein contained Monthly or Change in Control Optional Redemption, ab initio, and, with respect to the contraryCompany’s failure to honor the Optional or Change in Control Optional Redemption, the Company shall have no further right to exercise such Optional or Change in Control Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or shares of Common Stock its elections under Section 6 shall be applied ratably among the Holders based upon of Debentures. The Holder may elect to convert or exchange the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment for any redemption under this Section 6 by each Holder, adjusted upward ratably in the event all delivery of the shares a Notice of Debentures Conversion or Notice of any Holder are no longer outstandingExchange.

Redemption Procedure. The payment of cash and/or issuance of Common Stock, as the case may be, pursuant to a the Monthly Redemption, an Optional Redemption or Acquisition Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on Date, the Optional Redemption Date or Acquisition Redemption Date, as applicable. If any portion of the cash payment for a Monthly Redemption, an Optional Redemption or Optional Acquisition Redemption Date, as applicable, shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum equal to the Late Fee rate (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount, the Optional Redemption Amount or Optional Acquisition Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In additionAlternatively, if any portion of the Monthly Redemption Amount, the Optional Redemption Amount or Optional the Acquisition Redemption Amount, as applicable, remains unpaid after such date, the Holders Holder subject to such redemption may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemption, notwithstanding . Notwithstanding anything herein contained to the contrary. Notwithstanding anything , and, with respect to the contrary in this Section 6, the Company's determination failure to redeem in cash honor the Optional Redemption or shares of Common Stock Acquisition Redemption, as applicable, the Company shall be applied ratably among have no further right to exercise such Optional Redemption or Acquisition Redemption. The Holder may elect to convert the Holders based upon the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in fax delivery of a Notice of Conversion to the event all of the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. The payment of cash and/or or issuance of --------------------- Common Stock, as the case may beapplicable, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption or Monthly Redemption, as applicable, shall be made on the Optional Redemption Date or the Monthly Redemption Date. If any portion of the cash payment for a Monthly pursuant to an Optional Redemption or Optional Monthly Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon until such amount is paid in full at an interest rate equal to the rate lesser of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until . Notwithstanding anything herein contained to the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In additioncontrary, if any portion of the Optional Redemption Amount or Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemptionOptional Redemption or Monthly -- ------ Redemption and, notwithstanding anything herein contained with respect to the contraryCompany's failure to timely pay the Optional Redemption Amount, the Company shall forfeit the right to exercise such Optional Redemption for the remaining term of the Debenture. Notwithstanding anything to the contrary in this Section 6, the Company's determination to redeem in cash or shares of Common Stock its elections under Section 6(b) shall be applied ratably among the Holders based upon of Debentures. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in the event all delivery of a Notice of Conversion to the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. The payment of cash and/or issuance of Common Stock, as the case may be, pursuant to a Optional Redemption or Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on the Optional Redemption Date or Monthly Redemption Date, as the case may be. If any portion of the cash payment for a Monthly an Optional Redemption or Optional Monthly Redemption shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Optional Redemption Amount or Optional Monthly Redemption Amount, as applicable, plus all amounts owing thereon thereon, is paid in full. In additionAlternatively, if any portion of the Optional Redemption Amount or Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary. Notwithstanding anything to the contrary in this Section 6, the Company's determination to redeem in cash or shares of Common Stock shall be applied ratably among the Holders based upon the principal amount of Debentures initially purchased by each Holder, adjusted upward ratably in the event all of the shares of Debentures of any Holder are no longer outstanding.

Redemption Procedure. i. The payment of cash and/or or issuance of Common Stock, as the case may beapplicable, pursuant to an Optional Redemption or a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made payable on the Optional Redemption Date or Monthly Redemption Date, as applicable. If any portion of the cash payment for a Monthly pursuant to an Optional Redemption or Optional Monthly Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon at an interest rate equal to the rate lesser of 1815 % per annum (or the maximum rate permitted by applicable law, whichever is less) law until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Optional Redemption Amount or Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemptionOptional Redemption or Monthly Redemption, notwithstanding anything herein contained ab initio, and, with respect to the contraryCompany’s failure to honor the Optional Redemption, the Company shall have no further right to exercise such Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or shares of Common Stock its elections under Section 6(b) shall be applied ratably among the Holders based upon of Notes. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Note pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each the delivery of a Notice of Conversion to the Company. ii. Notwithstanding anything herein contained to the contrary, the Holder, adjusted upward ratably at its option, may defer any Monthly Redemption (each a “Deferred Redemption”). In such event, the Holder may elect to receive a Deferred Redemption at any time in shares of Common Stock at the lesser of (i) the Conversion Price, (ii) 87% of the lowest VWAP in the event all ten (10) days prior to the Holder’s notice to the Company of its election to receive payment for the Deferred Redemption. Any payment of a Deferred Redemption that is not converted into shares of Debentures Common Stock, shall be paid in cash to the Holder on the next applicable Monthly Redemption Date. iii. Notwithstanding anything herein contained to the contrary, the Holder, at its option, may accelerate up to four (4) Monthly Redemptions (an “Accelerated Redemption”) at once by indicating such acceleration on a Monthly Redemption Notice. In such event, the Holder may elect to receive an Accelerated Redemption at any time in shares of any Common Stock at the Monthly Conversion Price. Any payment of an Accelerated Redemption shall be paid in Shares of Common Stock on Monthly Redemption Date that relates to the Monthly Redemption Notice indicating an Accelerated Redemption. For the avoidance of doubt, the Holder are no longer outstandingis entitled to an Accelerated Redemption, at its option, with respect to each Monthly Redemption.

Redemption Procedure. i. The payment of cash and/or or issuance of Common Stock, as the case may beapplicable, pursuant to an Optional Redemption or a Monthly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made payable on the Optional Redemption Date or Monthly Redemption Date, as applicable. If any portion of the cash payment for a Monthly pursuant to an Optional Redemption or Optional Monthly Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon at an interest rate equal to the rate lesser of 1815 % per annum (or the maximum rate permitted by applicable law, whichever is less) law until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Optional Redemption Amount or Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemptionOptional Redemption or Monthly Redemption, notwithstanding anything herein contained ab initio, and, with respect to the contraryCompany’s failure to honor the Optional Redemption, the Company shall have no further right to exercise such Optional Redemption. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or shares of Common Stock its elections under Section 6(b) shall be applied ratably among the Holders based upon of Notes. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Note pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each the delivery of a Notice of Conversion to the Company. ii. Notwithstanding anything herein contained to the contrary, the Holder, adjusted upward ratably at its option, may defer any Monthly Redemption (each a “Deferred Redemption”) up to a maximum of four times. In such event, the Holder may elect to receive a Deferred Redemption at any time in shares of Common Stock at the lesser of (i) the Conversion Price, (ii) 92% of the average of the three lowest VWAPs in the event all ten (10) days prior to the Holder’s notice to the Company of its election to receive payment for the Deferred Redemption. Any payment of a Deferred Redemption that is not converted into shares of Debentures Common Stock, shall be paid in cash to the Holder on the next applicable Monthly Redemption Date. iii. Notwithstanding anything herein contained to the contrary, the Holder, at its option, may accelerate up to four (4) Monthly Redemptions during any month (an “Accelerated Redemption”) at once by indicating such acceleration on a Monthly Redemption Notice. In such event, the Holder may elect to receive an Accelerated Redemption (on a LIFO basis) at any time in shares of any Common Stock at the Monthly Conversion Price. Any payment of an Accelerated Redemption shall be paid in Shares of Common Stock on Monthly Redemption Date that relates to the Monthly Redemption Notice indicating an Accelerated Redemption. For the avoidance of doubt, the Holder are no longer outstandingis entitled to an Accelerated Redemption, at its option, with respect to each Monthly Redemption.

Redemption Procedure. The Optional Redemption Price is due on the 10th Trading Day following the Notice Date and payment of cash and/or issuance of Common Stock, as the case may be, Conversion Shares pursuant to a Monthly the Mandatory Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on the Optional Mandatory Redemption Date. If any portion of the Optional Redemption Price or cash payment for a Monthly Redemption or Optional the Mandatory Redemption shall not be paid by the Company by expiration of such 10th Trading Day or Mandatory Redemption Date, as the respective due datecase may be, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the Optional Redemption Price or cash payment of the Monthly Mandatory Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such interest is paid in full. In addition, if any portion of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, Price or payment for the Mandatory Redemption remains unpaid after such date, the Holders subject to such redemption may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary. Notwithstanding anything If a Holder elects to invalidate such redemption the contrary Company shall promptly, and, in this Section 6any event, not later than 3 Trading Days from receipt of such Holder's notice of such election, return to such Holder all of the Company's determination Debentures for which the Optional Redemption Price shall not have been paid in full. With respect to redeem in cash or shares of Common Stock shall be applied ratably among the Holders based upon the principal amount of any Debentures initially purchased by each Holderto be converted pursuant to a Mandatory Redemption and subject to such invalidation, adjusted upward ratably in the event all of conversion price as to any conversions pursuant to Section 4(a)(i) thereafter shall equal the shares of Debentures of any Holder are no longer outstandingMandatory Conversion Price on the date such demand is made (notwithstanding the fact that such a date may not be a Mandatory Conversion Date).

Redemption Procedure. The payment Company covenants and agrees that it will honor all Notices of cash and/or issuance Conversion tendered from the time of Common Stock, as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and the payment delivery of cash pursuant to an Optional Redemption shall be made on the Optional Redemption DateNotice or SBA Financing Notice through the date all amounts owing thereon are due and paid in full. If any portion of the cash payment for a Monthly pursuant to an Optional Redemption or Optional SBA Financing Redemption shall not be paid by the Company by the respective applicable due date, interest Late Fees shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Monthly Optional Redemption Amount or Optional SBA Financing Redemption Amount, as applicable, remains unpaid after such datethe Option Redemption Date or the SBA Financing Redemption Date, as applicable, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemptionOptional Redemption, notwithstanding anything herein contained ab initio, and, the Company shall have no further right to exercise such Optional Redemption. To effect an SBA Financing Redemption hereunder, the Holder shall not be required to physically surrender this Note to the contrary. Notwithstanding anything to Company unless the contrary in this Section 6, the Company's determination to redeem in cash or shares of Common Stock shall be applied ratably among the Holders based upon the entire principal amount of Debentures initially purchased by each Holderthis Note, adjusted upward ratably plus all accrued and unpaid interest thereon, has been so redeemed. Partial SBA Financing Redemptions hereunder shall have the effect of lowering the outstanding principal amount of this Note in an amount equal to the event all applicable amount redeemed. The Holder and the Company shall maintain records showing the principal amount(s) redeemed and the date of the shares of Debentures of any Holder are no longer outstandingsuch redemption(s).

Redemption Procedure. The Issuer shall send a notice to all Holders of each Quarterly Redemption not less than 15 nor more than 20 Trading Days prior to the Quarterly Redemption Date. The payment of cash and/or issuance of Common Stock, as the case may be, pursuant to a Monthly Quarterly Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an Optional Redemption shall be made on the Optional Quarterly Redemption Date. If any portion of the cash payment for a Monthly Redemption or Optional Quarterly Redemption shall not be paid by the Company Issuer by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Quarterly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In additionAlternatively, if any portion of the Monthly Quarterly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption may elect, by written notice to the Company Issuer given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary. Notwithstanding anything to the contrary in this Section 6, the Company's Issuer’s determination to redeem in cash or shares of Common Stock shall be applied ratably among the Holders based upon of Debentures ratably. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in fax delivery of a Notice of Conversion to the event all of the shares of Debentures of any Holder are no longer outstandingIssuer.

Redemption Procedure. The payment of cash and/or issuance of Common Stock(and Redemption Warrant if applicable), as the case may beor stock if applicable pursuant to Section 6(b), pursuant to a Monthly an Optional Redemption shall be made on the Monthly Redemption Date and the payment of cash pursuant to an or Company Optional Redemption shall be made on the Optional Redemption Date or the Company Optional Redemption Date, as applicable. If any portion of the cash payment for a Monthly pursuant to an Optional Redemption or Company Optional Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon until such amount is paid in full at an interest rate equal to the rate lesser of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount or Optional Redemption Amountlaw and, as applicableto the Redemption Warrant, plus all amounts owing thereon is paid in fullthe Exercise Price shall be reduced by 1% or the original Exercise Price per Trading Day until delivered to the Holder. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Monthly a Optional Redemption Amount or Company Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO ab initio such redemption, notwithstanding anything herein contained to the contrary. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or its elections under Section 6(b) to pay in shares of Common Stock shall be applied ratably among the Holders based upon of Debentures. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in the event all delivery of a Notice of Conversion to the shares of Debentures of any Holder are no longer outstandingCompany.

Redemption Procedure. The payment of cash and/or issuance of Common StockStock (other than the Pre-Redemption Conversion Shares), as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date and or the payment of cash pursuant to an Optional Redemption shall be made on the Monthly Redemption Date or the Optional Redemption Date, as applicable. The aggregate number of Conversion Shares issued to the Holder pursuant to a Monthly Redemption shall be reduced by the number of Pre-Redemption Conversion Shares issued to the Holder in connection with the Monthly Redemption less the number of Pre-Redemption Conversion Shares applied to conversions of the Holder during the 20 Trading Days immediately prior to the Monthly Conversion Date. If any portion of the cash payment and/or issuance of Common Stock, as the case may be, for a Monthly Redemption or the payment of cash pursuant to an Optional Redemption Redemption, as applicable, shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption Amount or the Optional Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. In additionAlternatively, if any portion of the Monthly Redemption Amount or the Optional Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption may elect, by written notice to the Company given at any time thereafter, to invalidate AB INITIO such redemption, notwithstanding anything herein contained redemption and the Company shall no longer have any right to exercise an Optional Redemption Right. If any Pre-Redemption Conversion Shares are issued to the contrary. Notwithstanding anything Holder in connection with a Monthly Redemption and are not applied against either the Monthly Redemption Amount or against voluntary conversions during the Monthly Redemption, then the Holder shall promptly return such excess shares to the contrary in this Section 6, the Company's determination to redeem in cash or shares of Common Stock shall be applied ratably among the Holders based upon the principal amount of Debentures initially purchased by each Holder, adjusted upward ratably in the event all of the shares of Debentures of any Holder are no longer outstanding.

Redemption Procedure. The payment of cash and/or or, in the case of a Monthly Redemption, the issuance of Common StockStock if applicable, shall be payable on the Monthly Redemption Date or Optional Redemption Date, as the case may be, pursuant to . In the case of a Monthly Redemption, in the event that the number of Pre-Redemption shall Conversion Shares exceeds the number of Conversion Shares required to be made issued on the Monthly Redemption Date and as set forth in Section 6(a), within 3 Trading Days the payment Holder shall either (i) return such excess Pre-Redemption Conversion Shares to the Company for cancellation or (ii) convert an additional principal amount of cash pursuant this Debenture at the Conversion Price to an Optional be applied against such excess Pre-Redemption shall be made on the Optional Redemption DateConversion Shares. If any portion of the cash payment for pursuant to a Monthly Redemption or Optional Redemption shall not be paid by the Company by the respective applicable due date, interest shall accrue thereon at an interest rate equal to the rate lesser of 1815% per annum (or the maximum rate permitted by applicable law, whichever is less) law until the payment of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, plus all amounts owing thereon such amount is paid in full. In additionNotwithstanding anything herein contained to the contrary, if any portion of the Monthly Optional Redemption Amount or Optional Monthly Redemption Amount, as applicable, remains unpaid after such date, the Holders subject to such redemption Holder may elect, by written notice to the Company given at any time thereafterthereafter accompanied by any payments of cash or Common Stock therefore paid by the Company in respect of such redemption, to invalidate AB INITIO such redemptionOptional Redemption or Monthly Redemption, notwithstanding anything herein contained to the contraryab initio. Notwithstanding anything to the contrary in this Section 6, the Company's ’s determination to redeem in cash or shares of Common Stock its elections under Section 6(a) shall be applied ratably among the Holders based upon of Debentures. The Holder may elect to convert the outstanding principal amount of Debentures initially purchased the Debenture subject to redemptions under Sections 6(a) or 6(b) pursuant to Section 4 at any time prior to actual payment in cash for any redemption under this Section 6 by each Holder, adjusted upward ratably in the event all delivery of a Notice of Conversion to the shares of Debentures of any Holder are no longer outstandingCompany.