Note

Note. Or "Notes" shall mean the senior convertible promissory notes of the Company issued pursuant to the Stock and Note Purchase Agreement.

Note. Shall mean the Amended and Restated Note, dated as of November 14, 2008, and any other note that has been issued or may in the future be issued by the Borrower or Parent to any Secured Party evidencing secured indebtedness, and "Notes" shall mean all such notes.

Note. This Senior Secured Note Due April 1, 2011 and any Senior Secured Note or Notes subsequently issued upon exchange or transfer hereof, and shall include all amendments, supplements and other modifications thereto

Note. Means that certain Senior Secured Promissory Note issued by the Company to the Holder pursuant to the Securities Purchase Agreement, as may be amended or restated from time to time.

Note. The Amended and Restated Convertible Promissory Note issued on or about the date hereof to the Company

Note. Means the 5.5% Senior Convertible Note due 2008-2010 in the principal amount set forth on the signature page hereto and in the form attached as Exhibit A issuable or issued by the Company.

Note. Shall mean this Renewal and Modification Promissory Note.

Note. The meaning set forth in paragraph 2

Note. Means the Revolving Note of even date, in the principal amount of $15,000,000.00 executed by Borrower to the order of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for the Note.

Note. Any of the 6% Senior Secured Convertible Notes due 2007-2008 issued by the Company pursuant to the Note Purchase Agreement and the Other Note Purchase Agreements