PAYABLE TO THE HOLDER PURSUANT TO THIS NOTE, THE PURCHASE AGREEMENT, AND/OR THE
OTHER RELATED AGREEMENTS, THEN TO ACCRUED AND UNPAID INTEREST DUE ON THIS NOTE
AND THEN TO THE OUTSTANDING PRINCIPAL BALANCE OF THIS NOTE.
THE DEFAULT PAYMENT
SHALL BE DUE AND PAYABLE IMMEDIATELY ON THE DATE THAT THE HOLDER HAS DEMANDED
PAYMENT OF THE DEFAULT PAYMENT PURSUANT TO THIS SECTION 3.3.
4
16.
MISCELLANEOUS
16.1
ISSUANCE OF NEW NOTE.
UPON ANY PARTIAL PAYMENT OF THIS NOTE, A NEW
NOTE CONTAINING THE SAME DATE AND PROVISIONS OF THIS NOTE SHALL, AT THE REQUEST
OF THE HOLDER, BE ISSUED BY THE COMPANY TO THE HOLDER FOR THE PRINCIPAL BALANCE
OF THIS NOTE AND INTEREST WHICH SHALL NOT HAVE BEEN PAID AS OF SUCH DATE.
SUBJECT TO THE PROVISIONS OF ARTICLE III OF THIS NOTE, THE COMPANY SHALL NOT PAY
ANY COSTS, FEES OR ANY OTHER CONSIDERATION TO THE HOLDER FOR THE PRODUCTION AND
ISSUANCE OF A NEW NOTE.
16.2
CUMULATIVE REMEDIES.
THE REMEDIES UNDER THIS NOTE SHALL BE
CUMULATIVE.
16.3
FAILURE OR INDULGENCE NOT WAIVER.
NO FAILURE OR DELAY ON THE PART
OF THE HOLDER HEREOF IN THE EXERCISE OF ANY POWER, RIGHT OR PRIVILEGE HEREUNDER
SHALL OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF
ANY SUCH POWER, RIGHT OR PRIVILEGE PRECLUDE OTHER OR FURTHER EXERCISE THEREOF OR
OF ANY OTHER RIGHT, POWER OR PRIVILEGE.
ALL RIGHTS AND REMEDIES EXISTING
HEREUNDER ARE CUMULATIVE TO, AND NOT EXCLUSIVE OF, ANY RIGHTS OR REMEDIES
OTHERWISE AVAILABLE.
16.4
NOTICES.
ANY NOTICE HEREIN REQUIRED OR PERMITTED TO BE GIVEN SHALL
BE IN WRITING AND SHALL BE DEEMED EFFECTIVELY GIVEN: (A) UPON PERSONAL DELIVERY
TO THE PARTY NOTIFIED, (B) WHEN SENT BY CONFIRMED TELEX OR FACSIMILE IF SENT
DURING NORMAL BUSINESS HOURS OF THE RECIPIENT, IF NOT, THEN ON THE NEXT BUSINESS
DAY, (C) FIVE DAYS AFTER HAVING BEEN SENT BY REGISTERED OR CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, POSTAGE PREPAID, OR (D) ONE DAY AFTER DEPOSIT WITH A
NATIONALLY RECOGNIZED OVERNIGHT COURIER, SPECIFYING NEXT DAY DELIVERY, WITH
WRITTEN VERIFICATION OF RECEIPT.
ALL COMMUNICATIONS SHALL BE SENT TO THE
COMPANY AT THE ADDRESS PROVIDED IN THE PURCHASE AGREEMENT EXECUTED IN CONNECTION
HEREWITH, AND TO THE HOLDER AT THE ADDRESS PROVIDED IN THE PURCHASE AGREEMENT
FOR THE HOLDER, WITH A COPY TO LAURUS CAPITAL MANAGEMENT, LLC, ATTN: PORTFOLIO
SERVICES, 335 MADISON AVENUE, 10TH FLOOR, NEW YORK, NEW YORK 10017, FACSIMILE
NUMBER (212) 541-4410, OR AT SUCH OTHER ADDRESS AS THE COMPANY OR THE HOLDER MAY
DESIGNATE BY TEN DAYS ADVANCE WRITTEN NOTICE TO THE OTHER PARTIES HERETO.
16.5
AMENDMENT PROVISION.
THE TERM "NOTE" AND ALL REFERENCES THERETO,
AS USED THROUGHOUT THIS INSTRUMENT, SHALL MEAN THIS INSTRUMENT AS ORIGINALLY
EXECUTED, OR IF LATER AMENDED OR SUPPLEMENTED, THEN AS SO AMENDED OR
SUPPLEMENTED, AND ANY SUCCESSOR INSTRUMENT AS SUCH SUCCESSOR INSTRUMENT MAY BE
AMENDED OR SUPPLEMENTED.
16.6
ASSIGNABILITY.
THIS NOTE SHALL BE BINDING UPON THE COMPANY AND ITS
SUCCESSORS AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF THE HOLDER AND ITS
SUCCESSORS