July 2009 Notes

July 2009 Notes. Means the Company's Unsecured Subordinated Convertible Promissory Notes due July 7, 2011, as amended, issued by the Company on July 7, 2009 and September 4, 2009 pursuant to that certain Securities Purchase Agreement, dated as of July 7, 2009, as amended, by and among the Company and the parties list on Exhibit A thereto. The July 2009 Notes shall include those notes that have been issued by way of payment in kind of the interest accrued on such notes.