Common use of Monthly Amount Conversion Guidelines Clause in Contracts

Monthly Amount Conversion Guidelines. Subject to Sections 2.1(a), 2.2, and 3.2 hereof, the Holder shall be obligated to convert all or a portion of the Monthly Amount due on each Repayment Date to shares of Common Stock if the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market for the five (5) trading days immediately preceding such Repayment Date was greater than or equal to 110% of the Fixed Conversion Price, provided, however, that such conversions shall not exceed twenty five percent (25%) of the aggregate dollar trading volume of the Common Stock for the twenty two (22) trading day trading period immediately preceding delivery of a Notice of Conversion to the Borrower (the "Conversion Criteria"). Any part of the Monthly Amount due on a Repayment Date that is not converted into shares of Common Stock shall be paid by the Borrower in cash on such Repayment Date. Any part of the principal portion of the Monthly Amount due on such Repayment Date which must be paid in cash shall be paid in cash at the rate of 102% of the principal portion of such Monthly Amount otherwise due on such Repayment Date (with the amount in excess of 100% of the Monthly Amount to be considered additional interest with respect to this Note), within three (3) business days of the applicable Repayment Date.

Monthly Amount Conversion Guidelines. Subject to Sections 2.1(a), 2.2, 2.2 and 3.2 hereof, on each Notice Date, the Holder shall be obligated to convert all or a portion of the Monthly Amount due on each the related Repayment Date to shares of Common Stock if the average closing price of the Common Stock as reported by Bloomberg, L.P. on the Principal Market for the five (5) consecutive trading days immediately preceding such Repayment Notice Date was is greater than or equal to 110% of the Fixed Conversion Price, provided, however, that such conversions the portion of the Monthly Amount to be converted shall not exceed twenty twenty-five percent (25%) of the aggregate dollar trading volume of the Common Stock for the twenty two (22) trading 22)-trading-day trading period immediately preceding delivery of a such Notice of Conversion to the Borrower (the Date(the "Conversion CriteriaDate"). Any part of the Monthly Amount due on such conversion shall be set forth in a Repayment Date that is not converted into shares of Common Stock shall be paid by Notice delivered to the Borrower in cash on such Repayment DateBorrower. Any part of the principal portion of the Monthly Amount due on such a Repayment Date which must be paid in cash shall be paid in cash at the rate of 102% of the such principal portion of such the Monthly Amount otherwise due on such Repayment Date, within three (3) business days of the applicable Repayment Date (with the amount in excess of 100% of the Monthly Amount to be considered additional interest with respect to this Note), within three (3) business days of the applicable Repayment Date.