EQ2 THE MEANS TO AN END FULL

EQ2 THE MEANS TO AN END FULL

The indebtedness evidenced by this EQ2 Security is subordinated and subject in right of payment to the prior payment in full of all claims of all amounts then due and payable in respect of Senior Indebtedness, whether outstanding at the date of this Agreement or thereafter incurred, and ranks pari passu with other Equity Equivalents, except for Junior Equity Equivalents, to which it is senior. The Company or its agent shall, subject to applicable securities laws, be required to record any such transfer when it receives the EQ2 Security to be transferred duly and properly endorsed by the registered Holder or by its attorney duly authorized in writing.ДЄll transfers of the EQ2 Securities shall be recorded on the EQ2 Securities Register maintained by the Company or its agent, and the Company shall be entitled to regard the registered Holder of such EQ2 Security as the actual owner of the EQ2 Security so registered until the Company or its agent is required to record a transfer of such EQ2 Security on its EQ2 Securities Register.Д®ach Holder of this EQ2 Security, by accepting the same, agrees to and shall be bound by such provisions of the Agreement.

The amount of Interest payable on this EQ2 Security shall be computed on the basis of a 360-day year consisting of four 90-day quarters. Notwithstanding anything to the contrary herein or in the Agreement, other than Annex C, Section 4.2 of the Agreement, there is no right of acceleration for any default, including a default in the payment of principal or interest or the performance of any other covenant or obligation by the Company under this EQ2 Security or the Agreement. The EQ2 Security shall be substantially in the form of Annex E hereto, the terms of which are incorporated in and made a part of this Agreement. Lighthizer, вЂњEvaluating ChinaвЂ™s Role in the World Trade Organization over the Past Decade,вЂќ testimony before the U.S.-China Economic and Security Review Commission, Washington, D.C., June 9, 2010, default/files/article/attachments/uscc-lighthizer-testimony-20100610.pdf.

Whenever interest on the EQ2 Securities has not been paid for six quarterly interest periods or more, whether or not consecutive, the Company shall be prohibited from incurring any indebtedness senior to the EQ2 Security, unless the proceeds of such indebtedness will be used to pay principal or accrued interest on the EQ2 Security.

Eq2 the means to an end