Common use of Guaranteed Minimum Return on Investment Clause in Contracts

Guaranteed Minimum Return on Investment. The Holder of this Note shall have received in cash, by a date which shall be not later than one (1) year from the date of this Note (the "Anniversary Date"), a cash amount equal to 120% of the principal amount of this Note (the "Guaranteed Return"). Notwithstanding the foregoing, such Guaranteed Return shall, for all purposes of this Note, the Subscription Agreement, the Pledge Agreement and the Security Agreement given as collateral to secure the Borrower's obligations under this Note, be deemed to have been paid to the Holder if, by such Anniversary Date, the sum of (a) all cash interest payments received under this Note, (b) all payments of principal and/or Premium on this Note paid in connection with any Optional Redemption or Mandatory Redemption, (c) an amount equal to the closing price of the Common Stock on each Conversion Date multiplied by the number of shares of Common Stock received by Holder in connection with each such Conversion Date, or (d) any combination of the foregoing, shall equal or exceed $1,200,000, inclusive. Notwithstanding the foregoing, the Borrower may comply with the provisions of this Section 4.8 by tendering payment ot the Holder, in exchange for any then outstanding principal amount of this Note, of an amount equal to $1,200,000, less all cash previously received by the Holder or otherwise calculated in accordance with clauses (a), (b) and (c) above. The tender must be made within five business days of the Anniversary Date. If the Holder elects not to accept the tender, then the Lender waives the right to receive the Guaranteed Return.

Guaranteed Minimum Return on Investment. The Holder of this Note shall have received in cash, by a date which shall be not later than one (1) year from the date of this Note (the "Anniversary Anniverary Date"), a cash amount equal to 120% of the principal amount of this Note (the "Guaranteed Return"). Notwithstanding the foregoing, such Guaranteed Return shall, for all purposes of this Note, the Subscription Agreement, the Pledge Agreement and the Security Agreement given as collateral to secure the Borrower's obligations under this Note, be deemed to have been paid to the Holder if, by such Anniversary Date, the sum of (a) all cash interest payments received under this Note, (b) all payments of principal and/or Premium on this Note paid in connection with any Optional Redemption or Mandatory Redemption, (c) an amount equal to the closing price of the Common Stock on each Conversion Date multiplied by the number of shares of Common Stock received by Holder in connection with each such Conversion Date, or (d) any combination of the foregoing, shall equal or exceed $1,200,000300,000, inclusive. Notwithstanding the foregoing, the Borrower may comply with the provisions of this Section 4.8 by tendering payment ot to the Holder, in exchange for any then outstanding principal amount of this Note, of an amount equal to $1,200,000300,000, less all cash previously received by the Holder or otherwise calculated in accordance with clauses (a), (b) and (c) above. The tender must be made within five business days of the Anniversary Date. If the Holder elects not to accept the tender, then the Lender waives the right to receive the Guaranteed Return.. [the balance of this page intentionally left blank]