Common use of Share Price/Issuance Limitations Clause in Contracts

Share Price/Issuance Limitations. Notwithstanding anything to the contrary herein, if the closing price of the Common Stock as reported by Xxxxxxxxx, L.P. on the Principal Market for any of the 11 trading days preceding a Repayment Date was less than 125% of the Fixed Price, and the Borrower has elected to pay all or a portion of the Monthly Amount in shares of Common Stock, then, instead of the Borrower delivering the required number of shares of Common Stock on the Repayment Date, the Holder will be permitted to convert up to the Monthly Amount that is payable in shares of Common Stock at a Conversion Price of 80% of the three (3) lowest closing prices during the thirty (30) trading days immediately preceding the Conversion Date. Any part of the Monthly Amount not converted into shares of Common Stock by the following Repayment Date shall be paid by the Borrower in cash on such following Repayment Date. At any time during the relevant month, the Borrower has the option to pay the Monthly Amount, or the unconverted part thereof, in cash and the Conversion Price set forth in this Section 2.4 shall no longer be applicable. By way of example, for the Repayment Date of September 1, if the Borrower delivers a Repayment Election Notice on August 15 to pay the Monthly Amount in shares of Common Stock and if on August 10, the stock price was $1.10, the Holder will be permitted to convert the portion of the Monthly Amount that the Borrower has determined is payable in shares of Common Stock at the following Conversion Price: 80% of the three (3) lowest closing prices during the thirty (30) trading days immediately preceding the Conversion Date. Any portion of the Monthly Amount originally due September 1 that the Holder has not converted into shares of Common Stock by October 1 shall be due in cash on October 1.

Share Price/Issuance Limitations. Notwithstanding anything to the contrary herein, if the closing price of the Common Stock as reported by XxxxxxxxxBloomberg, L.P. on the Principal Market for any the average of the 11 trading days preceding a Repayment Date was less than 125% of the Fixed Conversion Price, and the Borrower has elected to pay all or a portion of the Monthly Amount in shares of Common Stock, then, instead in lieu of the Borrower delivering the required number of shares of Common Stock on the Repayment Date, the Holder Borrower will be permitted have the option to repay the amount in cash or to convert up to the Monthly Amount during the succeeding month that is payable in shares of Common Stock at a Conversion Price of 80% of the average of the three (3) lowest closing prices during the thirty ten (3010) trading days immediately preceding the Conversion Repayment Date. Any part of the Monthly Amount not converted by the Borrower into shares of Common Stock by the following Repayment Date shall be paid by the Borrower in cash on such following Repayment Date. At any time during the relevant month, the Borrower has the option to pay the Monthly Amount, or the unconverted part thereof, in cash and the Conversion Price set forth in this Section 2.4 shall no longer be applicable. If the closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market for the average 11 trading days preceding a Repayment Date was greater than 125% of the Fixed Conversion Price, then the Borrower will be permitted to pay the full amount of the Monthly Amount in shares of Common Stock. By way of example, for the Repayment Date of September October 1, if the Borrower delivers a Repayment Election Notice on August 15 27 to pay the Monthly Amount in shares of Common Stock and if on August 10September 20 through 30, the stock price was $1.10less than 125% the Fixed Conversion Price, the Holder will be permitted to convert during the month of October the portion of the Monthly Amount that the Borrower has determined is payable in shares of Common Stock at the following Conversion Price: 80% of the three (3) lowest closing prices during the thirty ten (3010) trading days immediately preceding October 1, or repay in cash at the Conversion DateBorrower's choice. Any portion of the Monthly Amount originally due September October 1 that the Holder has not converted into shares of Common Stock by October November 1 shall be due in cash on October November 1.

Share Price/Issuance Limitations. Notwithstanding anything to the contrary herein, if the closing price of the Common Stock as reported by XxxxxxxxxBloomberg, L.P. on the Principal Market for any of the 11 trading days preceding a Repayment Date was less than 125% of the Fixed Maximum Base Price, and the Borrower has elected to pay all or a portion of the Monthly Amount in shares of Common Stock, then, instead of the Borrower delivering the required number of shares of Common Stock on the Repayment Date, the Holder will be permitted to convert up to the Monthly Amount that is payable in shares of Common Stock at a Conversion Price of 8085% of the average of the three (3) lowest closing prices during the thirty twenty (3020) trading days immediately preceding the Conversion Date. Any part of the Monthly Amount not converted into shares of Common Stock by the following Repayment Date shall be paid by the Borrower in cash on such following Repayment Date. At any time during the relevant month, the Borrower has the option to pay the Monthly Amount, or the unconverted part thereof, in cash and the Conversion Price set forth in this Section 2.4 shall no longer be applicable. By way of example, for the Repayment Date of September 1, if the Borrower delivers a Repayment Election Notice on August 15 to pay the Monthly Amount in shares of Common Stock and if on August 10, the stock price was $1.101.50, the Holder will be permitted to convert the portion of the Monthly Amount that the Borrower has determined is payable in shares of Common Stock at the following Conversion Price: 8085% of the average of the three (3) lowest closing prices during the thirty twenty (3020) trading days immediately preceding the Conversion Date. Any portion of the Monthly Amount originally due September 1 that the Holder has not converted into shares of Common Stock by October 1 shall be due in cash on October 1.

Share Price/Issuance Limitations. Notwithstanding anything to the contrary herein, if the closing price of the Common Stock as reported by XxxxxxxxxBxxxxxxxx, L.P. on the Principal Market for any of the 11 trading days preceding a Repayment Date was less than 125% of the Fixed Price, and the Borrower has elected to pay all or a portion of the Monthly Amount in shares of Common Stock, then, instead of the Borrower delivering the required number of shares of Common Stock on the Repayment Date, the Holder will be permitted to convert up to the Monthly Amount that is payable in shares of Common Stock at a Conversion Price of 80% of the three (3) lowest closing prices during the thirty (30) trading days immediately preceding the Conversion Date. Any part of the Monthly Amount not converted into shares of Common Stock by the following Repayment Date shall be paid by the Borrower in cash on such following Repayment Date. At any time during the relevant month, the Borrower has the option to pay the Monthly Amount, or the unconverted part thereof, in cash and the Conversion Price set forth in this Section 2.4 shall no longer be applicable. applicable By way of example, for the Repayment Date of September 1, if the Borrower delivers a Repayment Election Notice on August 15 to pay the Monthly Amount in shares of Common Stock and if on August 10, the stock price was $1.101.50, the Holder will be permitted to convert the portion of the Monthly Amount that the Borrower has determined is payable in shares of Common Stock at the following Conversion Price: 80% of the three (3) lowest closing prices during the thirty (30) trading days immediately preceding the Conversion Date. Any portion of the Monthly Amount originally due September 1 that the Holder has not converted into shares of Common Stock by October 1 shall be due in cash on October 1.