Common use of Cash and Property Clause in Contracts

Cash and Property. Such consideration shall: (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor excluding amounts paid or payable for accrued interest or accrued dividends; (2) insofar as it consists of property other than cash, be computed at the Market Price thereof at the time of such issue; and (3) in the event Additional Shares of Common are issued together with other shares or securities or other assets of Debtor for consideration that covers both, by the proportion of such consideration so received, computed as provided in clauses (1) and (2) above, as determined in good faith by the Board of Directors.

Cash and Property. Such consideration shall: (1A) insofar as it consists of cash, be computed at as the aggregate amount of cash received by Debtor excluding amounts paid or payable for accrued interest or accrued dividendsthe Company; (2B) insofar as it consists of property other than cash, be computed at the Market Price fair value thereof at the time of such issueissuance as determined in good faith by the Board; and (3C) in the event that Additional Shares of Common Stock are issued together with other shares or securities or other assets of Debtor the Company for consideration that which covers both, by be the proportion of such consideration so received, computed as provided in clauses (1A) and (2B) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: (1A) insofar as if it consists of cash, be computed at the aggregate amount of cash received by Debtor excluding amounts paid or payable for accrued interest or accrued dividendsthe Company; (2B) insofar as if it consists of property other than cash, be computed at the Market Price thereof its fair market value at the time of such issue, as determined in good faith by the Company's board of directors; and (3C) in the event if Additional Shares of Common are issued together with other shares or securities or other assets of Debtor the Company for consideration that covers both, by be the proportion of such consideration so received, computed as provided in clauses (1A) and (2B) above, as determined in good faith by the Board Company's board of Directorsdirectors.

Cash and Property. Such consideration shall: (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor the LLC, excluding amounts paid or payable for accrued interest or accrued dividendsinterest; (2) insofar as it consists of property other than cash, be computed at the Market Price fair market value thereof at the time of such issue, as determined in good faith by the Board; and (3) in the event Additional Shares of Common are issued together with other shares or securities or other assets of Debtor the LLC for consideration that which covers both, by be the proportion of such consideration so received, computed as provided in clauses (1) and (2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor the Company, excluding amounts paid or payable for accrued interest or accrued dividendsinterest; (2) insofar as it consists of property other than cash, be computed at the Market Price fair market value thereof at the time of such issue, as determined in good faith by the Board; and (3) in the event Additional Shares of Common Units are issued together with other shares or securities or other assets of Debtor the Company for consideration that which covers both, by be the proportion of such consideration so received, computed as provided in clauses (1) and (2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: (1A) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor the Company, excluding amounts paid or payable for accrued interest or accrued dividendsinterest; (2B) insofar as it consists of property other than cash, be computed at the Fair Market Price Value thereof at the time of such issue; and (3C) in the event Additional Shares of Common Units are issued together with other shares units or securities or other assets of Debtor the Company for consideration that which covers both, by be the proportion of such consideration so received, computed as provided in clauses (1A) and (2B) above, as determined in good faith by the Board of DirectorsManagers.

Cash and Property. Such consideration shall: (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor the Company, excluding amounts paid or payable for accrued interest or accrued dividendsinterest; (2) insofar as it consists of property other than cash, be computed at the Market Price fair market value thereof at the time of such issue, as determined in good faith by the Board; and (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of Debtor the Company for consideration that which covers both, by be the proportion of such consideration so received, computed as provided in clauses (1) and (2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor excluding amounts paid or payable for accrued interest or accrued dividendsthe Company; (2) insofar as it consists of property other than cash, be computed at the Market Price fair market value thereof at the time of such issue, as determined in good faith by the Company's Board of Directors; and (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of Debtor the Company for consideration that which covers both, by be the proportion of such consideration so received, computed as provided in clauses (1) and (2) above, as determined in good faith by the Company's Board of Directors.

Cash and Property. Such consideration shall: (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor excluding amounts the Corporation (without deducting any discounts or commissions paid or payable for accrued interest or accrued dividendsby the Corporation); (2) insofar as it consists of property other than cash, be computed at the Market Price fair value thereof at the time of such issue, as determined in good faith by the Board; and (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of Debtor the Corporation for consideration that which covers both, by be the proportion of such consideration so received, computed as provided in clauses (1) and (2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor the Corporation, excluding amounts paid or payable for accrued interest or accrued dividendsinterest; (2) insofar as it consists of property other than cash, be computed at the Market Price fair market value thereof at the time of such issue, as determined in good faith by the Board; and (3) in the event Additional Shares of Common Stock are issued together with other shares or securities or other assets of Debtor the Corporation for consideration that which covers both, by be the proportion of such consideration so received, computed as provided in clauses (1) and (2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such Aggregate consideration shallconsisting of cash and other property will: (1i) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor the Company, excluding amounts paid or payable for accrued interest or accrued dividends; (2ii) insofar as it consists of property other than cash, be computed at the Fair Market Price Value thereof at on the time of such issueMeasurement Date; and (3iii) in the event Additional Shares insofar as it consists of Common are issued together with both cash and other shares or securities or other assets of Debtor for consideration that covers bothproperty, by be the proportion of such consideration so received, computed as provided in clauses (1) and (2) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: (1i) insofar as if it consists of cash, be computed at the aggregate amount of cash received by Debtor the Company, excluding amounts paid or payable for accrued interest or accrued dividendsinterest; (2ii) insofar as if it consists of property other than cash, be computed at the Market Price thereof its fair market value at the time of such issue, as determined in good faith by the Board of Directors; and (3iii) in the event if Additional Shares of Common are issued together with other shares or securities or other assets of Debtor the Company for consideration that covers both, by be the proportion of such consideration so received, computed as provided in clauses (1i) and (2ii) above, as determined in good faith by the Board of Directors.

Cash and Property. Such consideration shall: (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor excluding amounts paid or payable for accrued interest or accrued dividendsthe Company; (2) insofar as it consists of property other than cash, be computed at the Market Price fair market value thereof at the time of such issue, as reasonably determined in good faith by the Board of Directors; and (3) in the event Additional Shares of Common Stock and/or convertible securities are issued together with other shares or securities or other assets of Debtor the Company for consideration that which covers both, by be the proportion of such consideration so receivedreceived for the Common Stock and/or convertible securities, computed as provided in clauses (1A) and (2B) above, as reasonably determined in good faith by the Board of Directors.

Cash and Property. Such consideration shall: (1I) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor excluding amounts paid or payable for accrued interest or accrued dividendsthe Company; (2II) insofar as it consists of property other than cash, be computed at the Market Price fair market value thereof at the time of such issueissuance, as determined in good faith by the Board; and (3III) in the event Additional Shares of Common Units are issued together with other shares or securities or other assets of Debtor the Company, for consideration that which covers both, by be the proportion of such consideration so received, computed as provided in clauses (1I) and (2II) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: (1A) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor the Company, excluding amounts paid or payable for accrued interest or accrued dividendsinterest; (2B) insofar as it consists of property other than cash, be computed at the Fair Market Price thereof at the time of such issueValue thereof; and (3C) in the event Additional Shares of Common Units are issued together with other shares or securities or other assets of Debtor Equity Securities for consideration that which covers both, by the proportion of such consideration so received, computed as provided in clauses (1A) and (2B) above, as determined in good faith by the Board of DirectorsBoard.

Cash and Property. Such consideration shall: (1) insofar as it consists of cash, be computed at the aggregate amount of cash received by Debtor the Company, excluding amounts paid or payable for accrued interest or accrued dividendsinterest; (2) insofar as it consists of property other than cash, be computed at the Market Price fair market value thereof at the time of such issue, as determined in good faith by the Board of Managers; and (3) in the event Additional Common Shares of Common are issued together with other shares or securities or other assets of Debtor the Company for consideration that which covers both, by be the proportion of such consideration so received, computed as provided in clauses (1) and (2) above, as determined in good faith by the Board of DirectorsManagers.