Common use of Additional Debentures Clause in Contracts

Additional Debentures. Concurrently herewith, the Company shall issue to each Holder a convertible debenture (collectively the "Additional Debentures"), substantially in the form of the Debentures, with a principal amount equal to 10% of the principal amount of Debentures outstanding and held by such Holder on the date hereof. The principal amount of Additional Debentures issuable to each Holder are set forth on ANNEX C attached hereto. The rights and obligations of the Company with respect to the Additional Debentures and the shares of Common Stock issuable pursuant to the Additional Debentures (the "Additional Underlying Shares") shall be identical in all respects to the rights and obligations of the Company with respect to the Debentures and the Underlying Shares issued and issuable pursuant to the Transaction Documents. Each Transaction Document is hereby amended so that the term "Debentures" includes the Additional Debentures and the term "Underlying Shares" includes the Additional Underlying Shares. The Company acknowledges and agrees that the obligations of the Company and its Subsidiaries under the Additional Debentures and this Agreement shall be "Obligations" as defined under the Security Agreement and under the deed of trust for the benefit of the Holders granting a first-position lien and encumbrance upon certain real property owned by the LLC as required under the Purchase Agreement. In the event of any redemption pursuant to Section 4 above and Section 4 of the Other Agreements, the Additional Debentures must be redeemed in full along with the Debentures.