Common use of Redemption Upon Triggering Events Clause in Contracts

Redemption Upon Triggering Events. (a) Upon the occurrence of a Triggering Event as defined in this Section), each Purchaser shall (in addition to all other rights it may have hereunder or under applicable law), have the right, exercisable at the sole option of such Purchaser, to require the Company to redeem all or a portion of the Preferred Stock and the Underlying Shares issued in respect of conversions hereunder not more than 45 Trading Days prior to the date of the Triggering Event and then held by such Purchaser for a redemption price, in cash, equal to the sum of (i) the Mandatory Redemption Amount (as defined below) plus (ii) the product of (A) the number of Underlying Shares issued in respect of conversions hereunder and then held by the Purchaser and (B) the Per Share Market Value on the date such redemption is demanded or the date the redemption price hereunder is paid in full, whichever is greater (such sum, the "REDEMPTION PRICE"). The Mandatory Redemption Amount payable upon the occurrence of a Triggering Event pursuant to Section 3.17 (c)(ix), shall be equal to the Change of Control Amount (as defined in Section 8 of the Certificate of Determination). (b) All Mandatory Redemption Amounts and the Change of Control Amount shall be due and payable within five (5) Trading Days of the date on which the notice for the payment therefor is provided by a Purchaser. If the Company fails to pay either the Mandatory Redemption Amount or the Change of Control Amount hereunder in full pursuant to this Section on the date such amount is due in accordance with this Section, the Company will pay interest thereon at a rate of 18% per annum (or the lesser amount permitted by applicable law), accruing daily from such date until the Redemption Price or Change of Control Amount (as applicable), plus all such interest thereon, is paid in full. For purposes of this Section, a share of Preferred Stock is outstanding until such date as the Purchaser shall have received Underlying Shares upon a conversion (or attempted conversion) thereof that meets the requirements hereof.

Redemption Upon Triggering Events. (a) Upon the occurrence of a Triggering Event as defined in this Section)Event, each Purchaser Holder shall (in addition to all other rights it may have hereunder or under applicable law), have the right, exercisable at the sole option of such PurchaserHolder, to require the Company to redeem all or a portion of the Preferred Stock and the Underlying Shares issued in respect of conversions hereunder not more than 45 Trading Days prior to the date of the Triggering Event and then held by such Purchaser Holder for a redemption price, in cash, equal to the sum of (i) the Mandatory Redemption Amount (as defined below) plus (ii) the product of (A) the number of Underlying Shares issued in respect of conversions or as payment of dividends hereunder and then held by the Purchaser Holder and (B) the Per Share Market Value on the date such redemption is demanded or the date the redemption price hereunder is paid in full, whichever is greater (such sum, the "REDEMPTION PRICERedemption Price"). The Mandatory Redemption Amount payable upon the occurrence of a Triggering Event pursuant to Section 3.17 (c)(ix), shall be equal to the Change of Control Amount (as defined in Section 8 of the Certificate of Determination). (b) All Mandatory Redemption Amounts and the Change of Control Amount Price shall be due and payable within five ten (510) Trading Days days of the date on which the notice for the payment therefor is provided by a Purchaser. Holder. (b) If the Company fails to pay either the Mandatory Redemption Amount or the Change of Control Amount redemption price hereunder in full pursuant to this Section on within seven (7) days after the date such amount is when due in accordance with this Sectionthe terms of Section 7(a), the Company will pay interest thereon at a rate of 1815% per annum (or the lesser amount permitted by applicable law)annum, accruing daily from such date seventh day until the Redemption Price or Change of Control Amount (as applicable)redemption price, plus all such interest thereon, is paid in full. For purposes of this Section, a share of Preferred Stock is outstanding until such date as the Purchaser Holder shall have received Underlying Shares upon a conversion (or attempted conversion) thereof that meets the requirements hereofthereof.

Redemption Upon Triggering Events. (a) Upon the occurrence of a Triggering Event as defined in this Section)Event, each Purchaser Holder shall (in addition to all other rights it may have hereunder or under applicable law), have the right, exercisable at the sole option of such PurchaserHolder, to require the Company to redeem all or a portion of the Preferred Stock and the Underlying Shares issued in respect such shares of conversions hereunder not more than 45 Trading Days prior to the date of the Triggering Event and Common Stock as described below then held by such Purchaser Holder for a redemption price, in cash, equal to the sum of (i) the Mandatory Redemption Amount (as defined below) plus (ii) the product of (A) the number of Underlying Shares issued in respect of conversions of shares of Preferred Stock hereunder within thirty Trading Days of the Holder's demand for redemption pursuant to this Section 6, and then held by the Purchaser Holder and (B) the Per Share Market Value Closing Price on the date such redemption is demanded or the date the redemption price hereunder is paid in full, whichever is greater (such sum, the "REDEMPTION PRICERedemption Price"). The Mandatory Redemption Amount payable upon the occurrence of a Triggering Event pursuant to Section 3.17 (c)(ix), shall be equal to the Change of Control Amount (as defined in Section 8 of the Certificate of Determination). (b) All Mandatory Redemption Amounts and the Change of Control Amount Price shall be due and payable within five (5) Trading Days of the date on which the notice for the payment therefor is provided by a PurchaserHolder. If the Company fails to pay either the Mandatory Redemption Amount or the Change of Control Amount Price hereunder in full pursuant to this Section on the date such amount is due in accordance with this Section, the Company will pay interest thereon at a rate of 18% per annum (or the lesser amount permitted by applicable law), accruing daily from such date until the Redemption Price or Change of Control Amount (as applicable)Price, plus all such interest thereon, is paid in full. For purposes of this Section, a share of Preferred Stock is outstanding until such date as the Purchaser Holder shall have received Underlying Shares upon a conversion (or attempted conversion) thereof that meets the requirements hereof.

Redemption Upon Triggering Events. (a) Upon the occurrence of a Triggering Event as defined in this Section)Event, each Purchaser Holder shall (in addition to all other rights it may have hereunder or under applicable law), have the right, exercisable at the sole option of such PurchaserHolder, to require the Company to redeem all or a portion of the Preferred Stock and the Underlying Shares issued in respect of conversions hereunder not more than 45 Trading Days prior to the date of the Triggering Event and then held by such Purchaser Holder for a redemption price, in cash, equal to the sum of (i) the Mandatory Redemption Amount (as defined below) plus (ii) the product of (A) the number of Underlying Shares issued in respect of conversions or as payment of dividends hereunder and then held by the Purchaser Holder and (B) the Per Share Market Value on the date such redemption is demanded or the date the redemption price hereunder is paid in full, whichever is greater (such sum, the "REDEMPTION PRICEMandatory Redemption Price"). The Mandatory Redemption Amount payable upon the occurrence of a Triggering Event pursuant to Section 3.17 (c)(ix), shall be equal to the Change of Control Amount (as defined in Section 8 of the Certificate of Determination). (b) All Mandatory Redemption Amounts and the Change of Control Amount Price shall be due and payable within five ten (510) Trading Days days of the date on which of the notice for the payment therefor is provided by a Purchaser. Holder. (b) If the Company fails to pay either the Mandatory Redemption Amount or the Change of Control Amount Price hereunder in full pursuant to this Section on within seven (7) days after the date such amount is when due in accordance with this Sectionthe terms of Section 7(a), the Company will pay interest thereon at a rate of 18% per annum (or the lesser amount permitted by applicable law)annum, accruing daily from such date seventh day until the Mandatory Redemption Price or Change of Control Amount (as applicable)Price, plus all such interest thereon, is paid in full. For purposes of this Section, a share of Preferred Stock is outstanding until such date as the Purchaser Holder shall have received Underlying Shares upon a conversion (or attempted conversion) thereof that meets the requirements hereofthereof.

Redemption Upon Triggering Events. (a) Upon the occurrence of a Triggering Event as defined in this Section)Event, each Purchaser Holder shall (in addition to all other rights it may have hereunder or under applicable law), ) have the right, exercisable at the sole option of such PurchaserHolder, to require the Company Corporation to, (i) with respect to the Triggering Events set forth in Sections 7(b)(iii), (v), (vii), (ix), (x)(as to voluntary filings only) and (xii)), redeem all or a portion of the Preferred Stock and the Underlying Shares issued in respect of conversions hereunder not more than 45 Trading Days prior to the date of the Triggering Event and then held by such Purchaser Holder for a redemption price, in cash, equal to the sum Triggering Redemption Amount; or, (ii) at the option of the Holder and with respect to the Triggering Events set forth in Sections 7(b)(i), (ii), (iv), (vi), (viii), (x)(as to involuntary filings only) and (xi), either (A) redeem all of the Preferred Stock then held by such Holder for a redemption price, in shares of Common Stock, equal to a number of shares of Common Stock equal to the Triggering Redemption Amount divided by 75% of the average of the 10 VWAPs immediately prior to the date of election hereunder or (B) increase the dividend on all of the outstanding Preferred Stock held by such Holder to equal 18% per annum thereafter. The Triggering Redemption Amount, in cash or in shares, if the Corporation elects clauses (i) the Mandatory Redemption Amount or (as defined belowii)(B) plus (ii) the product of (A) the number of Underlying Shares issued in respect of conversions hereunder and then held by the Purchaser and (B) the Per Share Market Value on the date such redemption is demanded or the date the redemption price hereunder is paid in fullabove, whichever is greater (such sum, the "REDEMPTION PRICE"). The Mandatory Redemption Amount payable upon the occurrence of a Triggering Event pursuant to Section 3.17 (c)(ix), shall be equal to the Change of Control Amount (as defined in Section 8 of the Certificate of Determination). (b) All Mandatory Redemption Amounts and the Change of Control Amount shall be due and payable or issuable, as the case may be, within five (5) 5 Trading Days of the date on which the notice for the payment therefor is provided by a PurchaserHolder (the “Triggering Redemption Payment Date”). If the Company Corporation fails to pay either the Mandatory Triggering Redemption Amount or the Change of Control Amount hereunder in full pursuant to this Section on the date such amount is due in accordance with this SectionSection (whether in cash or shares of Common Stock), the Company Corporation will pay interest thereon at a rate of 18% per annum (or the such lesser amount permitted by applicable law), accruing daily from such date until the Triggering Redemption Price or Change of Control Amount (as applicable)Amount, plus all such interest thereon, is paid in full. For purposes of this Section, a share of Preferred Stock is outstanding until such date as the Purchaser Holder shall have received Underlying Conversion Shares upon a conversion (or attempted conversion) thereof that meets the requirements hereofhereof or has been paid the Triggering Redemption Amount plus all accrued but unpaid dividends and all accrued but unpaid liquidated damages in cash.

Redemption Upon Triggering Events. (a) Upon the occurrence of a Triggering Event as defined in this Section)Event, each Purchaser Holder shall (in addition to all other rights it may have hereunder or under applicable law), have the right, exercisable at the sole option of such PurchaserHolder, to require the Company to redeem all or a portion of the Preferred Stock and the Underlying Shares issued in respect of conversions hereunder not more than 45 Trading Days prior to the date of the Triggering Event and then held by such Purchaser Holder for a redemption price, in cash, equal to the sum of (i) the Mandatory Redemption Amount (as defined belowin Section 9) plus (ii) the product of (A) the number of Underlying Shares issued in respect of conversions hereunder and then held by the Purchaser Holder (the "REMAINING SHARES") and (B) the Per Share Market Value on the date such redemption is demanded or the date the redemption price hereunder is paid in full, whichever is greater (such sum, the "REDEMPTION PRICEAMOUNT"). The Mandatory Redemption Amount payable upon the occurrence of a Triggering Event pursuant to Section 3.17 (c)(ix), shall be equal to the Change of Control Amount (as defined in Section 8 of the Certificate of Determination). (b) All Mandatory Redemption Amounts and the Change of Control Amount shall be due and payable within five (5) Trading Days of the date on which the notice for the payment therefor is provided by a PurchaserHolder. If the Company fails to pay either the Mandatory Redemption Amount or the Change of Control Amount hereunder in full pursuant to this Section on the date such amount is due in accordance with this Section, the Company will pay interest thereon at a rate of 18% per annum (or the lesser amount permitted by applicable law), accruing daily from such date until the Redemption Price or Change of Control Amount (as applicable)Amount, plus all such interest thereon, is paid in full. For purposes of this Section, a share of Preferred Stock is outstanding until such date as the Purchaser Holder shall have received Underlying Shares upon a conversion (or attempted conversion) thereof that meets the requirements hereof. Upon receipt of the Redemption Amount, the Holder shall return the Remaining Shares to the Company.

Redemption Upon Triggering Events. (a) Upon the occurrence of a Triggering Event as defined in this Section)Event, each Purchaser Holder shall (in addition to all other rights it may have hereunder or under applicable law), have the right, exercisable at the sole option of such PurchaserHolder, to require the Company to redeem all or a portion of the Preferred Stock and the Underlying Shares issued in respect of conversions hereunder not more than 45 Trading Days prior to the date of the Triggering Event and then held by such Purchaser Holder for a redemption price, in cash, equal to the sum of (i) the Mandatory Redemption Amount (as defined below) plus (ii) the product of (A) the number of Underlying Shares issued in respect of conversions or as payment of dividends hereunder and then held by the Purchaser Holder and (B) the Per Share Market Value on the date such redemption is demanded or the date the redemption price hereunder is paid in full, whichever is greater (such sum, the "REDEMPTION PRICERedemption Price"). The Mandatory Redemption Amount payable upon the occurrence of a Triggering Event pursuant to Section 3.17 (c)(ix), shall be equal to the Change of Control Amount (as defined in Section 8 of the Certificate of Determination). (b) All Mandatory Redemption Amounts and the Change of Control Amount Price shall be due and ---------------- payable within five (510) Trading Days days of the date on which the notice for the payment therefor is provided by a PurchaserHolder. If the Company fails to pay either the Mandatory Redemption Amount or the Change of Control Amount redemption price hereunder in full pursuant to this Section on the date such amount is due in accordance with this Section, the Company will pay interest thereon at a rate of 18% per annum (or the lesser amount permitted by applicable law)annum, accruing daily from such date until the Redemption Price or Change of Control Amount (as applicable)redemption price, plus all such interest thereon, is paid in full. For purposes of this Section, a share of Preferred Stock is outstanding until such date as the Purchaser Holder shall have received Underlying Shares upon a conversion (or attempted conversion) thereof that meets the requirements hereof.

Redemption Upon Triggering Events. (a) Upon the occurrence of a Triggering Event (as defined in this Sectionbelow), each Purchaser Holder shall (in addition to all other rights it may have hereunder or under applicable law), have the right, exercisable at the sole option of such PurchaserHolder, to require the Company Corporation to redeem all or a portion of the issued and outstanding shares of Series A Preferred Stock and the Underlying Shares issued in respect of conversions hereunder not more than 45 Trading Days prior to the date of the Triggering Event and then held by such Purchaser Holder for a redemption price, in cash, equal to the sum of (i) the Mandatory Redemption Amount (as defined below) plus (ii) the product of (A) the number of Underlying Shares issued in respect of conversions hereunder and then held by the Purchaser and (B) the Per Share Market Value on the date such redemption is demanded or the date the redemption price hereunder is paid in full, whichever is greater (such sum, the "REDEMPTION PRICE")Original Issue Price. The Mandatory Redemption Amount payable upon the occurrence of a Triggering Event pursuant to Section 3.17 (c)(ix), shall be equal to the Change of Control Amount (as defined in Section 8 of the Certificate of Determination). (b) All Mandatory Redemption Amounts and the Change of Control Amount Original Issue Price shall be due and payable within five ten (510) Trading Days of the date on which the notice for the payment therefor therefore is provided by a PurchaserHolder. If the Company Corporation fails to pay either the Mandatory Redemption Amount or the Change of Control Amount hereunder aggregate Original Issue Price owed under this Section in full pursuant to this Section 7 on the date such amount is due in accordance with this SectionSection 7, the Company Corporation will pay interest thereon at a rate of 18% per annum (or the lesser amount permitted by applicable law), accruing daily from such date until the Redemption aggregate Original Issue Price or Change of Control Amount (as applicable)owed under this Section, plus all such interest thereon, is paid in full. For purposes of this SectionSection 7, a share of Series A Preferred Stock is outstanding from the date of its issuance until such date as the Purchaser Holder shall have received Underlying Shares either: (i) shares of Common Stock upon a conversion (or attempted conversion) thereof that meets the requirements hereof; or (ii) cash equal to the Original Issue Price upon a redemption. For the avoidance of doubt, the right of redemption under this Section 7 shall not apply to any shares of Series A Preferred Stock issued after the date on which a particular Triggering Event occurred unless and until the occurrence of another Triggering Event (which may be the continuation of an uncured Triggering Event in Section 7(b)(i) or Section 7(b)(ii) hereof).