Common use of Public Information Requirements Clause in Contracts

Public Information Requirements. At any time during the period commencing from July 20, 2009 and ending at such time that all of the Amended and Restated Debentures and Warrants may be sold without the requirement for the Company to be in compliance with Rule 144(c)(1) and otherwise without restriction or limitation pursuant to Rule 144, if the Company shall fail for any reason to satisfy the current public information requirement under Rule 144(c) (a “Public Information Failure”) then, in addition to such Holder’s other available remedies, the Company shall pay to a Holder, as partial liquidated damages and not as a penalty, by reason of any such delay in or reduction of its ability to sell the Amended and Restated Debentures and Warrants, an amount equal to five percent (5.0%) of the aggregate Subscription Amount of such Holder’s Amended and Restated Debentures, which amount shall accrete to the outstanding Principal Amount of such Holder’s Amended and Restated Debentures, on the seventh day following a Public Information Failure and on every thirtieth (30th) day (pro rated for periods totaling less than thirty days) thereafter until the earlier of (a) the date such Public Information Failure is cured and (b) such time that such public information is no longer required for the Holders to transfer the Underlying Shares pursuant to Rule 144. The payments to which a Holder shall be entitled pursuant to this paragraph are referred to herein as “Public Information Failure Payments.” Public Information Failure Payments shall be paid on the earlier of (i) the last day of the calendar month during which such Public Information Failure Payments are incurred and (ii) the third (3rd) Business Day after the event or failure giving rise to the Public Information Failure Payments is cured. In the event the Company fails to make Public Information Failure Payments in a timely manner, such Public Information Failure Payments shall bear interest at the rate of 1.5% per month (prorated for partial months) until paid in full. Nothing herein shall limit such Holder’s right to pursue actual damages for the Public Information Failure, and such Holder shall have the right to pursue all remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief.

Public Information Requirements. At any time during the period commencing from July 20August 8, 2009 2008 and ending at such time that all of the Amended and Restated Debentures and Warrants Securities may be sold without the requirement for the Company to be in compliance with Rule 144(c)(1) and otherwise without restriction or limitation pursuant to Rule 144, if the Company shall fail for any reason to satisfy the current public information requirement under Rule 144(c) for a period of three (3) consecutive Trading Days or more (a “Public Information Failure”) then, in addition to such HolderPurchaser’s other available remedies, the Company shall pay to a HolderPurchaser, in cash, as partial liquidated damages and not as a penalty, by reason of any such delay in or reduction of its ability to sell the Amended and Restated Debentures and WarrantsSecurities, an amount in cash equal to five two percent (5.02.0%) of the aggregate Subscription Amount principal amount of such HolderPurchaser’s Amended and Restated Debentures, which amount shall accrete to the outstanding Principal Amount of such Holder’s Amended and Restated Debentures, Debentures on the seventh day following of a Public Information Failure and on every thirtieth (30th) day (pro rated for periods totaling less than thirty days) thereafter until the earlier of (a) the date such Public Information Failure is cured and (b) such time that such public information is no longer required for the Holders Purchasers to transfer the Underlying Shares pursuant to Rule 144. The payments to which a Holder Purchaser shall be entitled pursuant to this paragraph Section 4.18 are referred to herein as “Public Information Failure Payments.” The filing of a timely Form 12b-25 shall not constitute a Public Information Failure provided that the report that is subject of such Form 12b-25 is filed within the applicable extension period. Public Information Failure Payments shall be paid on the earlier of (i) the last day of the calendar month during which such Public Information Failure Payments are incurred and (ii) the third (3rd) Business Day after the event or failure giving rise to the Public Information Failure Payments is cured. In the event the Company fails to make Public Information Failure Payments in a timely manner, such Public Information Failure Payments shall bear interest at the rate of 1.5% per month (prorated for partial months) until paid in full. Nothing herein shall limit such HolderPurchaser’s right to pursue actual damages for the Public Information Failure, and such Holder Purchaser shall have the right to pursue all remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief.”