Common use of Conversion of the Debentures into Common Stock Clause in Contracts

Conversion of the Debentures into Common Stock. At the Closing (as defined herein), the Holder hereby agrees to convert the following Debentures into the number of shares of Common Stock described below in accordance with the terms of the Indenture, and the Company hereby agrees to pay, in cash, interest on such Debentures, at 75% of the rate specified in the Indenture, from the last interest payment date under the Indenture through ___, 2009: Principal Amount of Debentures to be Converted: $ (the “Converted Debentures”). Number of Shares to be Issued in the Conversion: (the “Shares”). Cash Payment of Interest on Converted Debentures: $ (the “Cash Payment”). The closing of the Conversion (the “Closing”) shall occur no later than three business days after the date of this Agreement. At the Closing, (a) the Holder shall deliver or cause to be delivered to the Company all right, title and interest in and to the Converted Debentures free and clear of any mortgage, lien, pledge, charge, security interest, encumbrance, title retention agreement, option, equity or other adverse claim thereto (collectively, “Liens”), together with all duly executed documentation required under the Indenture for an effective conversion of the Converted Debentures into the Shares and any other documents of conveyance or transfer that the Company may deem necessary or desirable, and (b) the Company shall issue to the Holder the Shares and the Cash Payment.

Conversion of the Debentures into Common Stock. At the Closing (as defined herein), the Holder hereby agrees to convert the following Debentures into the number of shares of Common Stock described below in accordance with the terms of the Indenture, and the Company hereby agrees to pay, in cash, interest on such Debentures, at 75% of the rate specified in the Indenture, from the last interest payment date under the Indenture through ___, 2009: Principal Amount of Debentures to be Converted: $ (the “Converted Debentures”). Number of Shares to be Issued in the Conversion: (the “Shares”). Cash Payment of Interest on Converted Debentures: $ (the “Cash Payment”). The closing of the Conversion (the “Closing”) shall occur no later than three business days after the date of this Agreement. At the Closing, (a) the Holder shall deliver or cause to be delivered to the Company all right, title and interest in and to the Converted Debentures free and clear of any mortgage, lien, pledge, charge, security interest, encumbrance, title retention agreement, option, equity or other adverse claim thereto (collectively, “Liens”), together with all duly executed documentation required under the Indenture for an effective conversion of the Converted Debentures into the Shares and any other documents of conveyance or transfer that the Company may deem necessary or desirable, and (b) the Company shall issue to the Holder the Shares and the Cash Payment.