Common use of Redemption Procedure Clause in Contracts

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 shall be made on the Monthly Redemption Date. 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 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, plus all amounts owing thereon, is paid in full. Alternatively, if any portion of the Monthly Redemption Amount remains unpaid after such date, the Holder 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. 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, then the Holder shall promptly return such excess shares to the Company.

Redemption Procedure. The payment of cash and/or issuance of Common Stock (other than the Pre-Redemption Conversion Shares)Stock, as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date. The aggregate number Date and the payment of Conversion Shares otherwise issuable to the Holder cash pursuant to a Monthly an Optional Redemption on a Monthly Redemption Date shall be reduced by made on the number of Pre-Optional 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)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, thereon is paid in full. AlternativelyIn addition, if any portion of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holder 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. If any Pre-Redemption Conversion Shares are issued Notwithstanding anything to the Holder contrary in connection with a Monthly Redemption and are not applied against either the Monthly Redemption Amount or against voluntary conversions during the Monthly Redemptionthis Section 6, 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 (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, for a Monthly Redemption or the payment of cash pursuant to a Holder Optional 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 Holder Optional Redemption Amount, as applicable, plus all amounts owing thereon, thereon is paid in full. Alternatively, if any portion of the Monthly Redemption Amount or the Holder Optional Redemption Amount, as applicable, remains unpaid after such date, the Holder 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, and the Holder's right to exercise a Holder Optional Redemption in the future shall be restored. The Holder may elect to convert the outstanding principal amount of this 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. 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 optional conversions during the Monthly RedemptionRedemption Period, then the Holder shall promptly return such excess shares to the Company.

Redemption Procedure. The payment of cash and/or issuance of Common Stock (other than the Pre-Redemption Conversion Shares)Stock, as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date. The aggregate number Date and the payment of Conversion Shares otherwise issuable to the Holder cash pursuant to a Monthly an Optional Redemption on a Monthly Redemption Date shall be reduced by made on the number of Pre-Optional 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)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, thereon is paid in full. AlternativelyIn addition, if any portion of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holder 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. If any Pre-Redemption Conversion Shares are issued Notwithstanding anything to the Holder contrary in connection with a Monthly Redemption and are not applied against either the Monthly Redemption Amount or against voluntary conversions during the Monthly Redemptionthis Section 5, 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 (other than the Pre-Redemption Conversion Shares), 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. The aggregate number of Conversion Shares otherwise issuable to , the Holder pursuant to a Monthly Redemption on a Monthly Optional Redemption Date shall be reduced by or the number of Pre-Deferred 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)Date, as applicable. If any portion of the cash payment for a Monthly Quarterly Redemption, an Optional Redemption or 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 the Deferred Redemption Amount, as applicable, plus all amounts owing thereon, thereon is paid in full. Alternatively, if any portion of the Monthly Quarterly Redemption Amount, the Optional Redemption Amount or the Deferred Redemption Amount, as applicable, remains unpaid after such date, the Holder 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, and, with respect the failure to honor the Optional Redemption as applicable, the Company shall have no further right to exercise such Optional Redemption. If 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 Pre-Redemption redemption under this Section 6 by fax or email delivery of a Notice of 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, then the Holder shall promptly return such excess shares to the Company.

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 an Optional Redemption shall be made on the Monthly Optional Redemption Date. 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 an Optional Redemption or 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 Holder Redemption Amount, plus all amounts owing thereon, thereon is paid in full. Alternatively, if any portion of the Monthly Optional Redemption Amount or Holder Redemption Amount remains unpaid after such date, the Holder 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. If any Pre-Redemption Conversion Shares are issued to , provided such Holders repay that portion of the Holder in connection with a Monthly Redemption and are not applied against either the Monthly Optional Redemption Amount or against voluntary conversions during Holder Redemption Amount previously paid, if any, with respect to such invalidated Optional Redemption concurrently with delivery of such notice, the Monthly Company shall have no further right to exercise such Optional Redemption. Notwithstanding anything to the contrary in this Section 6, then the Company's determination to redeem in cash pursuant to an Optional Redemption shall be applied among the Holders of Debentures ratably (based on the original principal amount purchased pursuant to the Purchase Agreement) adjusted proportionally in the event any Debentures are no longer outstanding. The Holder shall promptly return such excess shares 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 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 an Optional Redemption shall be made on the Monthly Redemption DateDate or the 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 for a Monthly Redemption or an Optional 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, is paid in full. Alternatively, if any portion of the Monthly Redemption Amount or the Optional Redemption Amount, as applicable, remains unpaid after such date, the Holder 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, and, with respect the failure to honor the Optional Redemption, the Company shall have no further right to exercise such Optional Redemption. 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, then the Holder shall promptly return such excess shares to the Company. 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, in the case of a Monthly Redemption, the issuance of Common Stock (other than if applicable, shall be payable on the Pre-Monthly Redemption Conversion Shares)Date or Optional Redemption Date, as the case may be, pursuant to . In the case of a Monthly Redemption shall be made on Redemption, in the Monthly Redemption Date. 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 event that the number of Pre-Redemption Conversion Shares exceeds the number of Conversion Shares required to be issued to the Holder in connection with such Monthly Redemption (adjusted appropriately for any such shares applied to conversion during on the Monthly Redemption PeriodDate as set forth in Section 6(a), within 3 Trading Days the Holder shall either (i) return such excess Pre-Redemption Conversion Shares to the Company for cancellation or (ii) convert an additional principal amount of this Debenture at the Conversion Price to be applied against such excess Pre-Redemption Conversion 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, plus all amounts owing thereon, such amount is paid in full. AlternativelyNotwithstanding anything herein contained to the contrary, if any portion of the Optional Redemption Amount or Monthly Redemption Amount Amount, as applicable, remains unpaid after such date, the 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 redemption, notwithstanding anything herein contained to the contrary. If any Pre-Optional 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, then ab initio. Notwithstanding anything to the contrary in this Section 6, the Company’s determination to redeem in cash or its elections under Section 6(a) shall be applied ratably among the Holders of Debentures. The Holder may elect to convert the outstanding principal amount of 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 the delivery of a Notice of Conversion to the Company. For purposes of clarification, the Warrants held by the Holder shall promptly return such excess shares not be required to the Companybe surrendered in any redemption under this Debenture.

Redemption Procedure. The payment of cash and/or or issuance of Common Stock (other than the Pre-Redemption Conversion Shares), as the case may beapplicable, pursuant to a an Optional or Monthly Redemption shall be made on the Optional or Monthly Redemption Date, as applicable. The aggregate number of Conversion Shares otherwise issuable issued 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)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 for a pursuant to an Optional or Monthly 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, plus all amounts owing thereon, is paid in full. Alternativelycontrary, if any portion of the Optional or Monthly Redemption Amount Amount, as applicable, remains unpaid after such date, the Holder may elect, by written notice to the Company given at any time thereafter, to invalidate 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 its elections under Section 6(b) shall be applied ratably among the Holders of Debentures. 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 the 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, then the Holder shall promptly return such excess shares to the Company.

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 (other than the Pre-Redemption Conversion Shares), as the case may be, Shares pursuant to a Monthly the Mandatory Redemption shall be made on the Monthly Mandatory Redemption Date. 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 Optional Redemption Price or cash payment for a Monthly 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, plus all amounts owing thereon, such interest is paid in full. AlternativelyIn addition, if any portion of the Monthly Optional Redemption Amount Price or payment for the Mandatory Redemption remains unpaid after such date, the Holder 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. If a Holder elects to invalidate such redemption the Company shall promptly, and, in any Pre-event, not later than 3 Trading Days from receipt of such Holder's notice of such election, return to such Holder all of the Debentures for which the Optional Redemption Conversion Shares are issued Price shall not have been paid in full. With respect to the Holder in connection with principal amount of any Debentures to be converted pursuant to a Monthly Mandatory Redemption and are subject to such invalidation, the conversion price as to any conversions pursuant to Section 4(a)(i) thereafter shall equal the Mandatory Conversion Price on the date such demand is made (notwithstanding the fact that such a date may 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 Companybe a Mandatory Conversion Date).

Redemption Procedure. The payment of cash and/or or, in the case of a Monthly Redemption, the issuance of Common Stock (other than if applicable, shall be payable on the Pre-Monthly Redemption Conversion Shares)Date or Optional Redemption Date, as the case may be, pursuant to . In the case of a Monthly Redemption shall be made on Redemption, in the Monthly Redemption Date. 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 event that the number of Pre-Redemption Conversion Shares exceeds the number of Conversion Shares required to be issued to the Holder in connection with such Monthly Redemption (adjusted appropriately for any such shares applied to conversion during on the Monthly Redemption PeriodDate as set forth in Section 6(a), within 3 Trading Days the Holder shall either (i) return such excess Pre-Redemption Conversion Shares to the Company for cancellation or (ii) convert an additional principal amount of this Debenture at the Conversion Price to be applied against such excess Pre-Redemption Conversion 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, plus all amounts owing thereon, such amount is paid in full. AlternativelyNotwithstanding anything herein contained to the contrary, if any portion of the Optional Redemption Amount or Monthly Redemption Amount Amount, as applicable, remains unpaid after such date, the 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 redemption, notwithstanding anything herein contained to the contrary. If any Pre-Optional 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, then ab initio. Notwithstanding anything to the contrary in this Section 6, the Company’s determination to redeem in cash or its elections under Section 6(a) shall be applied ratably among the Holders of Debentures. The Holder shall promptly return such excess shares may elect to convert the outstanding principal amount of 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 the delivery of a Notice of Conversion to the Company.

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 an Optional Redemption shall be made on the Monthly Redemption Date or the Optional Redemption Date, as applicable. The aggregate number of Conversion Shares otherwise issuable issued 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)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, 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, thereon is paid in full. Alternatively, if any portion of the Monthly Redemption Amount or the Optional Redemption Amount, as applicable, remains unpaid after such date, the Holder 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 redemption and the Company shall no longer have any right to the contraryexercise an Optional Redemption Right. 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, then the Holder shall promptly return such excess shares to the Company.

Redemption Procedure. The payment of cash and/or issuance of Common Stock (other than the Pre-Redemption Conversion Shares)Stock, as the case may be, pursuant to a Monthly Redemption shall be made on the Monthly Redemption Date. The aggregate number of Conversion Shares otherwise issuable to Date and the Holder payment pursuant to a Monthly an Optional Redemption on a Monthly Redemption Date shall be reduced by made on the number of Pre-Optional 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)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, thereon is paid in full. Alternatively, if any portion of the Monthly Redemption Amount or Optional Redemption Amount, as applicable, remains unpaid after such date, the Holder 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, and, with respect the failure to honor an Optional Redemption only, the Company shall have no further right to exercise such Optional Redemption Right. If any Pre-Redemption Conversion Shares are issued Notwithstanding anything to the Holder contrary in connection with a Monthly Redemption and are not applied against either the Monthly Redemption Amount or against voluntary conversions during the Monthly Redemptionthis Section 5, 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 of Debentures issued on the Issuance Date based upon the principal amount of Debentures initially purchased by each Holder 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 issuance of Common Stock (other than the Pre-Redemption Conversion Shares), 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. The aggregate number of Conversion Shares otherwise issuable to , the Holder pursuant to a Monthly Redemption on a Monthly Optional Redemption Date shall be reduced by or the number of Pre-Deferred 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)Date, as applicable. If any portion of the cash payment for a Monthly Redemption, an Optional Redemption or 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 the Deferred Redemption Amount, as applicable, plus all amounts owing thereon, thereon is paid in full. Alternatively, if any portion of the Monthly Redemption Amount, the Optional Redemption Amount or the Deferred Redemption Amount, as applicable, remains unpaid after such date, the Holder 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, and, with respect the failure to honor the Optional Redemption as applicable, the Company shall have no further right to exercise such Optional Redemption. If any Pre-Redemption Conversion Shares are issued Notwithstanding anything to the contrary in this Section 6, the Company’s determination to redeem in cash or its elections under Section 6(b) shall be applied among the Holders of Debentures ratably. The Holder may elect to convert the outstanding principal amount of the Debenture pursuant to Section 4 prior to actual payment in connection with cash for any redemption under this Section 6 by fax delivery of 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 Notice of Conversion to the Company.

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 the Monthly Redemption, an Optional Redemption or Acquisition Redemption shall be made on the Monthly Redemption Date. The aggregate number of Conversion Shares otherwise issuable to , the Holder pursuant to a Monthly Redemption on a Monthly Optional Redemption Date shall be reduced by the number of Pre-or Acquisition 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)Date, as applicable. If any portion of the cash payment for a Monthly Redemption, an Optional Redemption or 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 Acquisition Redemption Amount, as applicable, plus all amounts owing thereon, thereon is paid in full. Alternatively, if any portion of the Monthly Redemption Amount, the Optional Redemption Amount or the Acquisition Redemption Amount, as applicable, remains unpaid after such date, the Holder 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 . Notwithstanding anything herein contained to the contrary. If any Pre-Redemption Conversion Shares are issued , and, with respect to the Holder in connection with a Monthly Company's failure to honor the Optional Redemption and are not applied against either the Monthly Redemption Amount or against voluntary conversions during the Monthly Acquisition Redemption, then as applicable, the Company shall have no further right to exercise such Optional Redemption or Acquisition Redemption. The Holder shall promptly return such excess shares 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.