Common use of FINAL MATURITY NOTE ISSUANCE Clause in Contracts

FINAL MATURITY NOTE ISSUANCE. (a) If the Holder fails timely to make the Final Conversion Election, then as of the Maturity Date of this Note, the Company shall issue to the Holder a Final Maturity Note in the principal amount herein provided. The principal amount of the Final Maturity Note shall be (a) the sum of (1) the outstanding principal amount of this Note, (2) the amount of accrued and unpaid interest on such principal amount to the Maturity Date and (3) Default Interest, if any, on the amount referred to in the immediately preceding clause (2) to the Maturity Date less (b) the sum of (1) the principal amount of this Note, if any, which on the Maturity Date is inconvertible pursuant to Section 2.4, (2) accrued and unpaid interest on such principal amount to the Maturity Date and (3) Default Interest, if any, on the amount referred to in the immediately preceding clause (2) to the Maturity Date. Notwithstanding the issuance of the Final Maturity Note, the Company shall remain liable for payment of all unpaid amounts due under this Note which are not included in the principal amount of the Final Maturity Note, including, without limitation, the Redemption Price and the Repurchase Price. If the Holder shall have failed to give a Final Conversion Election prior to the Maturity Date, then prior to issuance of the Final Maturity Note, the Company shall have the right within 15 days after the Maturity Date to contact the Holder and for a period of 15 days after such notice to seek a Final Conversion Election from the Holder; provided, however, that if the Holder fails to give a Final Conversion Election within such 15 days, the Company shall immediately issue the Final Maturity Note, which shall be dated the Maturity Date. (b) The Holder of this Note by its acceptance hereof, acknowledges and agrees that the Final Maturity Note shall bear a restrictive legend in substantially the following form (and a stop-transfer order to such effect may be placed against transfer of the Final Maturity Note): This Final Maturity Note has not been registered under the Securities Act of 1933, as amended or any state securities laws. This Final Maturity Note has been acquired for investment only and may not be sold, transferred or assigned in the absence of such registration or an opinion of counsel reasonably satisfactory in form, scope and substance to the Company that such registration is not required. This Final Maturity Note may not be transferred except as provided in Section 3.7 of the Final Maturity Note.

FINAL MATURITY NOTE ISSUANCE. (a) If the Holder fails timely to make the Final Conversion Election, then as of the Maturity Date of this Note, the Company shall issue to the Holder a Final Maturity Note in the principal amount herein provided. The principal amount of the Final Maturity Note shall be (a) the sum of (1) the outstanding principal amount of this Note, (2) the amount of accrued and unpaid interest on such principal amount to the Maturity Date and (3) Default Interest, if any, on the amount referred to in the immediately preceding clause (2) to the Maturity Date less (b) the sum of (1) the principal amount of this Note, if any, which on the Maturity Date is inconvertible pursuant to Section 2.4, (2) accrued and unpaid interest on such principal amount to the Maturity Date and (3) Default Interest, if any, on the amount referred to in the immediately preceding clause (2) to the Maturity Date. Notwithstanding the issuance of the Final Maturity Note, the Company shall remain liable for payment of all unpaid amounts due under this Note which are not included in the principal amount of the Final Maturity Note, including, without limitation, the Redemption Price and the Repurchase Price. If the Holder shall have failed to give a Final Conversion Election prior to the Maturity Date, then prior to issuance of the Final Maturity Note, the Company shall have the right within 15 days after the Maturity Date to contact the Holder and for a period of 15 days after such notice to seek a Final Conversion Election from the Holder; provided, however, that if the Holder fails to give a Final Conversion Election within such 15 days, the Company shall immediately issue the Final Maturity Note, which shall be dated the Maturity Date. (b) The Holder of this Note by its acceptance hereof, acknowledges and agrees that the Final Maturity Note shall bear a restrictive legend in substantially the following form (and a stop-transfer order to such effect may be placed against transfer of the Final Maturity Note): This Final Maturity Note has not been registered under the Securities Act of 1933, as amended or any state securities laws. This Final Maturity Note has been acquired for investment only and may not be sold, transferred or assigned in the absence of such registration or an opinion of counsel reasonably satisfactory in form, scope and substance to the Company that such registration is not required. This Final Maturity Note may not be transferred except as provided in Section 3.7 of the Final Maturity Note3.7.

FINAL MATURITY NOTE ISSUANCE. (a) If the Holder fails timely to ---------------------------- make the Final Conversion Election, then as of the Maturity Date of this Note, the Company shall issue to the Holder a Final Maturity Note in the principal amount herein provided. The principal amount of the Final Maturity Note shall be (a) the sum of (1) the outstanding principal amount of this Note, (2) the amount of accrued and unpaid interest on such principal amount to the Maturity Date and (3) Default Interest, if any, on the amount referred to in the immediately preceding clause (2) to the Maturity Date less (b) the sum of (1) ---- the principal amount of this Note, if any, which on the Maturity Date is inconvertible pursuant to Section 2.4, (2) accrued and unpaid interest on such principal amount to the Maturity Date and (3) Default Interest, if any, on the amount referred to in the immediately preceding clause (2) to the Maturity Date. Notwithstanding the issuance of the Final Maturity Note, the Company shall remain liable for payment of all unpaid amounts due under this Note which are not included in the principal amount of the Final Maturity Note, including, without limitation, the Redemption Price and the Repurchase Price. If the Holder shall have failed to give a Final Conversion Election prior to the Maturity Date, then prior to issuance of the Final Maturity Note, the Company shall have the right within 15 days after the Maturity Date to contact the Holder and for a period of 15 days after such notice to seek a Final Conversion Election from the Holder; provided, however, that if the Holder fails to give a -------- ------- Final Conversion Election within such 15 days, the Company shall immediately issue the Final Maturity Note, which shall be dated the Maturity Date. (b) The Holder of this Note by its acceptance hereof, acknowledges and agrees that the Final Maturity Note shall bear a restrictive legend in substantially the following form (and a stop-transfer order to such effect may be placed against transfer of the Final Maturity Note): This Final Maturity Note has not been registered under the Securities Act of 1933, as amended or any state securities laws. This Final Maturity Note has been acquired for investment only and may not be sold, transferred or assigned in the absence of such registration or an opinion of counsel reasonably satisfactory in form, scope and substance to the Company that such registration is not required. This Final Maturity Note may not be transferred except as provided in Section 3.7 of the Final Maturity Note3.7.