Maturity and Interest Clause Samples

Maturity and Interest. The Notes will mature on , 20263. The Issuer will issue up to $[●] million in aggregate principal amount of the Notes pursuant to the Exchange Offer, on the Issue Date. The Indenture will provide for the issuance of additional notes having identical terms and conditions to the Notes (the “Additional Notes”). The issuance of Additional Notes will be subject to the limitations set forth under the subheading “—Certain Covenants—Limitation on Incurrence of Additional Indebtedness and Issuance of Preferred Stock.” The Notes and any Additional Notes subsequently issued under the Indenture will be treated as a single class for all purposes under the Indenture, including, without limitation, waivers, amendments, redemptions and offers to purchase. Interest on the Notes will accrue at the rate of 7.50% per annum and will be payable semiannually in cash in arrears on each and , commencing on , 2021, to the Persons who are registered Holders at the close of business on and , respectively, immediately preceding the applicable interest payment date. Interest on the Notes will accrue from and including the most recent date to which interest has been paid or, if no interest has been paid, from and including the date of issuance. Interest on overdue principal and interest, if any, will accrue at the then applicable interest rate on the Notes. Interest will be computed on the basis of a 360-day year comprised of 12 30-day months. 3 NTD: to be 5 years from issue date. If any payment date falls on a day that is not a Business Day, the payment to be made on such payment date will be made on the next succeeding Business Day with the same force and effect as if made on such payment date, and no additional interest will accrue solely as a result of such delayed payment. The Notes will be issued in denominations of at least $2,000 and integral multiples of $1,000 in excess thereof thereafter.

Maturity and Interest. The Series B Notes shall mature on October 1, 2004 and shall bear interest from their Issue Date at the rate of (i) ten percent (10%) per annum until October 1, 2003; and (ii) eleven percent (11%) per annum thereafter until payment of the principal amount shall have been made. The Interest Payment Dates for the Series B Notes shall be April 1 and October 1, in each year, commencing April 1, 2003.

Maturity and Interest. The Series C Notes shall mature on October 1, 2004 and shall bear interest from their Issue Date at the rate of (i) ten percent (10%) per annum until October 1, 2003; and (ii) eleven percent (11%) per annum therafter until payment of the principal amount shall have been made. The Interest Payment Dates for the Series C Notes shall be April 1 and October 1, in each year, commencing April 1, 2003.

Maturity and Interest. The Notes will mature on October 25, 2010. Except as provided below, interest on the Notes will accrue at the rate of 15% per annum from April 25, 2001 through maturity; provided, that, during any time while a Default or Event of Default has occurred and remains uncured, the interest rate shall increase to the greater of (i) the interest rate then in effect plus 1% per annum and (ii) the Prime Rate then in effect. If the Ratio (as derived from financial statements prepared on or prior to May 15, 2002) as of March 31, 2002 is not equal to or less than 3.75x, the interest rate on the Notes as of March 31, 2002 shall increase to 17% per annum; provided, that the interest rate on the Notes will return to 15% per annum at such time and only for such time as the Ratio is equal to or less than 3.75x; provided, however, that if the Ratio is greater than 3.75x at any time thereafter, the interest rate will return to 17% per annum, as of the last date of the period for which the Ratio was calculated, until such time as the Ratio is equal to or less than 3.75x ; provided, further, that any calculation of the Ratio delivered to the Trustee shall be accompanied by a certified Officers' Certificate executed by two officers of the Company, one of whom shall be the Chief Financial Officer of the Company. In the absence of such an Officer's Certificate, the Trustee may conclusively assume that the interest rate on the Notes shall remain as currently in effect provided, however, that the absence of such an Officer's Certificate shall not relieve the Company of any obligation to pay interest at a rate greater than 15% per annum as provided herein. Interest on the Notes shall be computed on the basis of a 360-day year of twelve 30-day months. -32- Cash interest will begin to accrue on the Notes from April 25, 2001; provided that with respect to any Interest Payment Date on or prior to October 25, 2005, the Company will pay interest on such Interest Payment Date through the issuance of additional Notes (valued at 100% of the principal amount thereof) in an aggregate amount equal to the interest otherwise payable on such Interest Payment Date; provided, however, that if, at any time, an Event of Default has occurred and payment on the Notes has been accelerated pursuant to Section 5.02 of this Indenture, then accrued and unpaid interest shall be payable in cash only. Interest will be payable semi-annually on each April 25 and October 25, commencing October 25, 2001, to the hold...

Maturity and Interest. The Project Bonds shall bear interest from the most recent date to which interest has been paid or duly provided for or, if no interest has been paid or provided for, from their date of initial delivery, payable on each Interest Payment Date. The Project Bonds shall bear interest at an Adjustable Rate or the Fixed Rate all as more specifically set forth hereinafter. The Project Bonds shall mature on September 1, 2028, subject to prior redemption as set forth in Section 4.01 hereof. From the date of initial delivery of the Project Bonds, the interest rate on the Project Bonds shall be that rate per annum, not to exceed the Maximum Rate, as shall be established in or pursuant to the Bond Placement Agreement. Thereafter, except as provided in this Section 2.03, the Project Bonds shall bear interest at the Weekly Interest Rate and, for each succeeding Weekly Interest Rate Period, the interest rate on the Project Bonds shall be the Weekly Interest Rate for such Weekly Interest Rate Period as established on the Interest Rate Determination Date immediately preceding the commencement of such Weekly Interest Rate Period. On the first Business Day of December 1998, and on any Interest Period Reset Date thereafter, the interest rate on the Project Bonds may be converted to a different Interest Rate Mode upon receipt by the Trustee and the Remarketing Agent of a written direction from the Borrower, approved in writing by the Bank, given on behalf of the Issuer, not less than 45 days prior to such Interest Period Reset Date, to convert the interest rate on the Project Bonds to an Interest Rate Mode other than the Interest Rate Mode then in effect. Except when converting from the Weekly Interest Rate Mode, no Interest Period Reset Date shall be earlier than the day after the end of the last Interest Rate Period for the Interest Rate Mode in effect on the date of such direction from the Borrower, the end of such Interest Rate Period to be determined as if such direction had not been given. Such direction to convert the interest rate on the Project Bonds to a different Interest Rate Mode shall be accompanied by (a) an opinion of Bond Counsel selected by the Borrower delivered to the Issuer, the Trustee, the Bank and the Remarketing Agent, stating that such conversion to the specified Interest Rate Mode will not adversely affect the exclusion of the interest on the Project Bonds from gross income for federal income tax purposes, (b) a written certificate of the Remarketing...

Maturity and Interest. Unless converted as provided in Section 2 or payable earlier at the election of the Holder, this Note will automatically mature and be due and payable on the Stated Maturity Date or, at the election of the Holder, on the earlier of (i) the closing of a financing transaction by the Company for aggregate proceeds in excess of $5,000,000, which excess amount shall be applied to the principal amount at the election of the Holder of the Note (based on the ratio of the Holder’s Principal Amount relative to the aggregate Principal Amount of all Notes); (ii) the sale of JHE Holdings, LLC, a Texas limited liability company, wholly-owned by the Company (“JHE”); (iii) the sale of all or substantially all of the assets of JHE; or (iv) an Event of Default (as defined herein). The events described in clauses (i), (ii) and (iii) are each a “Triggering Event” and the Company agrees to provide each Note holder notice of a Triggering Event within five (5) calendar days. A partial sale of JHE or JHE’s assets shall not be deemed to be a Triggering Event so long as the Company will utilize no less than seventy percent (70%) of the proceeds from such partial sale transaction to pay the principal amount and unpaid outstanding interest of the Notes on closing of such transaction. Interest shall accrue from the date of this Note on the unpaid principal amount at a rate equal to twelve percent (12%) per annum. Any payments made to this Note shall be applied first to accrued and unpaid interest and then to the principal balance of this Note. The principal amount and Interest will be payable in lawful money of United States at the address of the Holder.

Maturity and Interest. (a) This Note will automatically mature and be due and payable at 5:00 p.m. (CST), on the Stated Maturity Date, May 8, 2015. (b) Interest shall accrue from January 8, 2013 on the unpaid principal amount at a rate equal to eight percent (8%) per annum, compounded annually on the anniversary of the Issue Date, accrued and unpaid Interest, payable at 5:00 p.m. (CST), on the Stated Maturity Date, May 8, 2015. The Company prepaid Interest of US$25,000 on May 8, 2014. Interest will be paid in cash or, at the option of the Company, in-kind in Common Stock (issuable at the Conversion Price, as defined below) on the Stated Maturity Date. (c) Default Interest shall increase to eighteen percent (18%) per annum commencing immediately upon an Event of Default. Default Interest shall be paid in cash. (d) The entire principal amount and accrued and unpaid interest on this Note may be prepaid in full at anytime by the Company without penalty or prepayment fees. (e) The principal amount and Interest will be payable in lawful money of United States at such place as the Holder hereof may from time to time designate in writing to the Company.

Maturity and Interest. The Notes will mature on May 1, 2008. Interest on the Notes will accrue at the rate of 8-1/2% per annum and will be payable semi-annually on each May 1 and November 1, commencing November 1, 1998, to the holders of record of Notes at the close of business on the April 15 and October 15, respectively, immediately preceding such interest payment date. Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the Issue Date. Interest on the Notes shall be computed on the basis of a 360-day year of twelve 30-day months. Pursuant to the Registration Rights Agreement, the interest rate on the Notes is subject to increase under certain circumstances if the Company is not in compliance with its obligations under the Registration Rights Agreement. At the election of the Company, the entire Indebtedness on the Notes or certain of the Company's obligations and covenants and certain Events of Default thereunder may be defeased as provided in Article Four. The terms and provisions contained in the Notes annexed hereto as Exhibits A-1 and A-2 (including the Guarantees annexed hereto as Exhibit D) shall constitute, and are hereby expressly made, a part of this Indenture and, to the extent applicable, the Com- pany, the Guarantors and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby.

Maturity and Interest. The Delay Amount, including any accrued and unpaid interest in respect thereof, shall be due and payable on December 31, 2003, Interest shall accrue on the unpaid portion of the Delay Amount beginning on June 20, 2002 at an annual rate of **********. Accrued and unpaid interest shall be payable semi-annually in cash in arrears on each December 31 and June 30, beginning December 31, 2002. If the Delay Amount is not paid in full on or before December 31, 2003, interest shall accrue on the unpaid portion of the Delay Amount from and after January 1, 2004 at an annual rate of **********. Interest shall be calculated on the basis of a year of 365 days and charged for the actual number of days elapsed through and including the date of repayment, provided that in no event shall interest paid, charged or received exceed the maximum rate of interest allowed by applicable law.