Common use of The Exchange Offer Clause in Contracts

The Exchange Offer. Subject to the terms and conditions of this Exchange Agreement, the undersigned Investor hereby agrees to exchange the principal amount of 6.50% Notes set forth on the signature page of the Investor hereto (the “Exchanged 6.50% Notes”), together with any accrued and unpaid interest on such Exchanged 6.50% Notes to, but excluding, May 15, 2019, for a number of Shares as set forth on the signature page of the Investor hereto, representing a per Share value of approximately $4.60, and the Warrant, and the Company hereby agrees to issue such number of Shares and the Warrant to the Investor in exchange for such Exchanged 6.50% Notes.

The Exchange Offer. Subject to the terms and conditions of this Exchange Agreement, the each undersigned Investor hereby agrees to exchange the principal amount of 6.50% Notes set forth on the signature page of the such Investor hereto (the “Exchanged 6.50% Notes”), together with any accrued and unpaid interest on such Exchanged 6.50% Notes to, but excluding, May 15, 2019, for a number of Shares as set forth on the signature page of the such Investor hereto, representing a per Share value of approximately $4.604.00, and a Warrant to purchase a number of shares of Common Stock as set forth on the Warrantsignature page of such Investor hereto, and the Company hereby agrees to issue such number of Shares and the a Warrant to the such Investor in exchange for such Exchanged 6.50% Notes.