Common use of Common Stock Payment Guidelines Clause in Contracts

Common Stock Payment Guidelines. Notwithstanding anything to the contrary herein, if the Borrower has elected to make a payment hereunder in shares of Common Stock and the closing price of the Common Stock as reported by Xxxxxxxxx, L.P. on the Principal Market for any of the eleven (11) trading days preceding the scheduled payment date was less than 110% of the Fixed Conversion Price, then the Holder shall have the option to refuse to accept any portion of such payment in shares of Common Stock.

Common Stock Payment Guidelines. Notwithstanding anything to the contrary herein, if the Borrower has elected to make a payment hereunder in shares of Common Stock and the closing price of the Common Stock as reported by XxxxxxxxxBloomberg, L.P. on the Principal Market for any of the eleven (11) 11 trading days preceding the scheduled payment date was less than 110115% of the Fixed Conversion Price, then the Holder shall have the option to refuse to accept any portion of such payment in shares of Common Stock.