Common use of Fractional Shares Clause in Contracts

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Borrower shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Fixed Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which that the Holder would otherwise be entitled to purchase upon such conversion, the Company shall shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion Conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionConversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which of Common Stock that the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Calculated Conversion Price or the Alternative Conversion Price, as relevant, or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As If any conversion of this Note would create a fractional share or a right to any fraction of acquire a share which the Holder would otherwise be entitled to purchase upon such conversionfractional share, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next nearest whole sharenumber.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which that the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up the fraction to the next whole share as long as it does not violate the Beneficial Ownership Limitation in which case the fractional share shall be xxxxxxxxxxx.xx the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Fixed Conversion Price or Alternate Conversion Price, whichever is in effect, or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion Conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionConversion, the Company Issuer shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price then in effect or the Automatic Conversion Price, as applicable or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion Conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionConversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notehereof. As to any fraction of a share to which the Holder Noteholder would otherwise be entitled to purchase upon such conversion, the Company shall Borrower shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of all or any portion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or Amortization Conversion Price, as applicable, or round up to the next whole share.

Fractional Shares. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the conversion of this Note. As to any fraction of a share Share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole shareShare.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up down to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the any conversion of this Notethe Securities. As to If any fraction such conversion would otherwise require the issuance of a fractional share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up current market price per share of Common Stock (determined as provided in paragraph (6) of Section 10.4) on the day of conversion shall be paid to the next whole shareHolder in cash by the Company.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Alternate Conversion Price Price, or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteSecurities. As to If any fraction such conversion would otherwise require the issuance of a fractional share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up current market price per share of common stock (determined as provided in paragraph (6) of Section 11.04) on the day of conversion shall be paid to the next whole shareHolder in cash by the Company.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Companies shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Fixed Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase receive upon such conversion, the Company shall shall, at its election, either (a) pay a cash adjustment in respect of such final fraction in to Holder an amount in cash equal to such fraction multiplied by the Conversion Price or (b) round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which that the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preferred. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price then in effect or the Automatic Conversion Price, as applicable or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the any conversion of this NoteSecurities. As to If any fraction such conversion would otherwise require the issuance of a fractional share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up current market price per share of common stock (determined as provided in paragraph (6) of Section 10.04) on the day of conversion shall be paid to the next whole shareHolder in cash by the Company.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final Final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares of Common Stock shall be issued upon the conversion of this Notethe Series X Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase receive upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to fair market value of the next whole shareCommon Stock.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Noteany shares of Series A Preferred Stock. As to any fraction of Any fractional interest in a share which of Common Stock resulting from conversion of one or more shares of Series A Preferred Stock shall be paid in cash (computed to the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount nearest cent) equal to such fraction multiplied equal to the fair market value of a share of Common Stock as of the date of such conversion, as reasonably determined by the Conversion Price or round up to the next whole shareCompany.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share to which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder Lender would otherwise be entitled to purchase upon such conversion, the Company Parent shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares of Common Stock shall be issued upon the conversion of this Notethe Series C Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase receive upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up the fraction to the next whole share as long as it does not violate the Beneficial Ownership Limitation in which case the fractional share shall be dxxxxxxxxxx.xx the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares Conversion Shares or scrip representing fractional shares Conversion Shares shall be issued upon the conversion of this NoteDebenture. As If any conversion of this Debenture would create a fractional Conversion Share or a right to any fraction of acquire a share which the Holder would otherwise be entitled to purchase upon such conversionfractional Conversion Share, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount fractional Conversion Share equal to the fair market value of such fraction multiplied fractional interest as determined by the Conversion Price or round up to the next whole shareBoard.

Fractional Shares. No fractional shares or scrip representing fractional shares of Common Stock shall be issued upon the conversion of this Notethe Series B Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase receive upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up such fractional share to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preferred Shares. As to any fraction of a share which the a Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price applicable conversion price as provided herein, or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of under this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionentitled, the Company shall at its election, either pay a cash adjustment in respect of such final fraction of a share in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Borrower shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or Conversion Price for Accrued Interest, as applicable, or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in immediately available Dollars in respect of such final fraction in an amount equal to such fraction multiplied by the Fixed Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up or down to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the applicable Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.. Secured Promissory Note – Viking – February, 2020 Private Placement 12

Fractional Shares. No fractional shares Common Shares or scrip representing fractional shares Common Shares shall be issued upon the conversion of this the Note. As to Instead of any fraction fractional Common Shares which otherwise would be issuable upon conversion of a share which the Holder would otherwise be entitled to purchase upon such conversionNote, the Company Borrower shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharesame fraction.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up such fractional share to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As In lieu of any fractional share to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionentitled, the Company shall at its election, either will pay a to Holder in cash adjustment in respect the amount of the unconverted principal and interest balance of this Note that would otherwise be converted into such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole fractional share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Borrower shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up such fractional share to the next whole share.

Fractional Shares. No fractional shares Conversion Shares or scrip representing fractional shares Conversion Shares shall be issued upon the conversion of this Notethe Conversion Amount. As to Instead of any fraction fractional Conversion Shares which otherwise would be issuable upon conversion of a share which the Holder would otherwise be entitled to purchase upon such conversionConversion Amount, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such the same fraction multiplied by times the Conversion Price or round up to the next whole sharePrice.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price applicable conversion price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the QF Conversion Price or the Maturity Conversion Price, as applicable, or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preference Shares. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall Corporation shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share to which the Holder would otherwise be entitled to purchase upon such conversiona voluntary conversion under this Section 4, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this the Note. As to any fraction of a share which that the Holder Payee would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder Xxxxxx would otherwise be entitled to purchase receive upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Noteany shares of Series B Preferred Stock. As to any fraction of Any fractional interest in a share which of Common Stock resulting from conversion of one or more shares of Series B Preferred Stock shall be paid in cash (computed to the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount nearest cent) equal to such fraction multiplied equal to the fair market value of a share of Common Stock as of the date of such conversion, as reasonably determined by the Conversion Price or round up to the next whole shareCompany.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Loans. As to any fraction of a share which the Holder a Lender would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series C Preferred. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price Rate or round up to the next whole share.

Fractional Shares. No fractional shares of stock or scrip representing fractional shares shall be issued upon the conversion of this Note. As to Instead of any fraction fractional shares of a share stock which the Holder would otherwise be entitled to purchase issuable upon such conversionconversion of this Note, the Company shall at its election, either pay a cash adjustment in respect of such final fraction fractional interest in an amount equal to the then current market price of such fraction multiplied by the Conversion Price or round up to the next whole sharefractional interest.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase acquire upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal issue to such fraction multiplied by the Conversion Price or round up to the next Holder one whole shareshare of Common Stock.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this the Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares Conversion Shares or scrip representing fractional shares Conversion Shares shall be issued upon the conversion of this Note. As If any conversion of this Note would create a fractional Conversion Share or a right to any fraction of acquire a share which the Holder would otherwise be entitled to purchase upon such conversionfractional Conversion Share, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount fractional Conversion Share equal to the fair market value of such fraction multiplied fractional interest as determined by the Conversion Price or round up to the next whole shareBoard.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notehereof. As to any fraction of a share to which the Holder Lender would otherwise be entitled to purchase upon such conversion, the Company shall JanOne shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Fixed Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series I Preferred. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either (A) pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the greater of (x) the Closing Price as of the Conversion Date and (y) the Conversion Price or (B) round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Issuer shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series C Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares of Common Stock shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price in effect on the relevant Conversion Date or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preferred. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall Corporation shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price Price, or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional fractions of shares of Preferred Stock shall be issued upon the conversion of this Note. As to In lieu of any fraction of fractional interest in a share which the Holder of Preferred Stock that would otherwise be entitled to purchase deliverable upon such conversionthe conversion of the full remaining amount of this Note, the Company Co-Borrowers shall at its election, either pay a cash adjustment in respect of such final fraction in to the Holder an amount in cash equal to such fraction multiplied by the Conversion Price or round up to the next whole shareunconverted portion of this Note.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall Corporation shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the VWAP on the Conversion Price Date or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Impact Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay round down if less than 50% of a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or share and round up if 50% or greater to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion issuance of this NoteAdditional Shares. As to any fraction of a share which the Holder would otherwise be entitled to purchase receive upon such conversionthe issuance of Additional Shares, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series B Preferred Shares. As to any fraction of a share which the a Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Shares. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion in-kind payment of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionin-kind payment, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion Conversion of this NoteRefinancing Debenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionConversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.

Fractional Shares. No fractional shares or scrip representing fractional shares Conversion Shares shall be issued upon the conversion of this Notethe Series A Preferred Stock. As to any fraction of a share Conversion Share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.. {00788291.DOCX;2 }

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay round down if less than 50% of a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or share and round up if 50% or greater to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of all or any portion of this Note. As to any fraction of a share which the Holder Investor would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price Price, or round up to the next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up the fraction to the next whole share as long as it does not violate the Beneficial Ownership Limitation in which case the fractional share shall be dixxxxxxxxx.xx xhe next whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next nearest whole share.

Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up down to the next whole share.