Non-Qualifying Equity Clause Samples

Non-Qualifying Equity. Notwithstanding any other provision of this Section 9.02 to the contrary, only the following Notes shall be due and payable at a price of 102% of the principal amount, plus accrued an unpaid interest (with all other Notes to be due and payable at a price of 100% of the principal amount, plus accrued an unpaid interest): (1) Notes for which corresponding Qualifying Equity has been delivered pursuant to the Equity Put Transaction, and (2) Notes for which the Warrant portion of corresponding Qualifying Equity has been exercised in accordance with Section 9.02(c). The reference to “corresponding” in this Section 9.02(d) means that the Securities are delivered or exercised, as applicable, in the proportions specified in the definition of Qualifying Equity in Section 9.02(b).