September 2009 Notes

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