Interest Payments. With respect to each Growth Capital Advance, commencing on the first Payment Date following the Funding Date of such Growth Capital Advance and continuing on the Payment Date of each month thereafter, Co-Borrowers shall make monthly payments of interest, in arrears, on the principal amount of such Growth Capital Advance at the rate set forth in [Section 2.6(a)].

Interest Payments. Interest on Loans shall be due and payable in arrears on each Interest Payment Date. If an Interest Payment Date falls on a date which is not a Business Day, such Interest Payment Date shall be deemed to be the succeeding Business Day, except that in the case of Eurodollar Loans and Competitive Bid Loans where the succeeding Business Day falls in the succeeding calendar month, such Interest Payment Date shall be the preceding Business Day.

Interest Payments. Notwithstanding the definition of "Interest Payment Date" as set forth in the Credit Agreement and [Section 2.4] of the Credit Agreement, during the Forbearance Period, Loan Parties agree that # the Interest Payment Date for each Eurodollar Loan will be the last day of each Interest Period with respect to such Eurodollar Loan and on the maturity date, and (y)(i) all interest accrued on the Eurodollar Loans otherwise payable on the Interest Payment Dates occurring during the Forbearance Period will be paid in kind and added to the outstanding principal balance of the Term Loans on such date, # all interest accrued on the Base Rate Loans otherwise payable on ​ will be deemed to have been paid in kind and added to the outstanding principal balance of the Term Loans on such date, # all interest accrued on the Base Rate Loans otherwise payable on ​ will be paid in kind and added to the outstanding principal balance of the Term Loans on such date, # all interest accrued on the Canadian Prime Rate Loans otherwise payable on ​ will be deemed to have been paid in kind and added to the outstanding principal balance of the Term Loans on such date and # all interest accrued on the Canadian Prime Rate Loans otherwise payable on ​ will be paid in kind and added to the outstanding principal balance of the Term Loans on such date. Amounts which have been added to the outstanding principal balance of the Term Loans pursuant to the foregoing subclause # shall thereafter bear interest in accordance with [Section 2.4] and otherwise be treated as part of the outstanding principal balance of the Term Loans for all purposes under the Credit Agreement and the other Loan Documents.

Interest Payments. Interest on each Loan shall be due and payable in arrears on each Interest Payment Date applicable thereto and at such other times as may be specified herein. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Debtor Relief Law.

Interest Payments. The Borrowers shall pay to the Agent # on each Payment Date commencing on ​, the interest accrued on the Loan for the preceding Interest Period (the “Monthly Interest Payment”) and # commencing on the thirteenth (13th) Payment Date (i.e., ​ after giving effect to the Business Day convention contained in the definition of “Payment Date”) and on each Payment Date thereafter, in addition to the Monthly Interest Payment, the Monthly Amortization Payment. For purposes of making payments hereunder, but not for purposes of calculating interest accrual periods, if the day on which such payment is due is not a Business Day, then amounts due on such date shall be due on the immediately preceding Business Day. With respect to payments of principal due on the Maturity Date, interest shall be payable at the Applicable Interest Rate or the Default Rate, as the case may be, through and including the day immediately preceding such Maturity Date. All amounts due pursuant to this Agreement and the other Loan Documents shall be payable without setoff, counterclaim, defense or any other deduction whatsoever.

Interest Rate; Payments. Interest shall accrue on the unpaid principal amount of this Note at the rate of nine percent (9%) per annum (“Regular Interest”) from the Effective Date until such unpaid principal amount is paid in full or earlier converted into shares (the “Shares”) of the Maker’s common stock, ​ par value per share (the “Common Stock”), in accordance with the terms hereof. Interest accrued hereunder shall be paid either in cash or in Common Stock, as determined by the Payee in its sole discretion (provided that all accrued interest shall be paid in cash unless the Maker elects to receive any accrued interest in the form of Common Stock pursuant to a Conversion Notice delivered by the Maker pursuant to [Section 2]), in accordance with the following schedule:

Interest; Monthly Payments. The outstanding principal sum of this Promissory Note shall bear interest at six percent (6.00 %) per annum commencing ​. Maker shall repay this Note in six (6) equal monthly installments of principal and interest then accrued, commencing on ​.

INTEREST; INTEREST RATE. Interest on the Principal outstanding from time to time shall commence accruing on the Issuance Date (as set forth above) and shall be payable in cash on the last business day of each calendar quarter until the Maturity Date, unless paid earlier in connection with the repayment of Note pursuant to [Section 1] hereof or conversion of the Note pursuant to [Section 3] hereof, with such first payment due on [​]. The Holder has the option to defer quarterly interest payments (simple interest). Deferred interest payments will be paid within thirty (30) days of written request by the Holder. Any deferred and unpaid interest will be paid at the maturity date of the Note. No additional interest will be accrued on the deferred interest payments (simple interest).

Interest. The obligation set forth below shall not bear interest except as set forth in the following sentence. Upon the occurrence and during the continuance of any Event of Default (as

Interest. Interest shall accrue to the Holder on the aggregate unconverted and then outstanding principal amount of this Note at the rate of 5% per annum, calculated on the basis of a 360-day year and shall accrue daily commencing on the Original Issue Date until payment in full of the outstanding principal (or conversion to the extent applicable), together with all accrued and unpaid interest, liquidated damages and other amounts which may become due hereunder, has been made. During the existence of an Event of Default, interest shall accrue at the lesser of # the rate of 18% per annum, or # the maximum amount permitted by law (the lesser of [clause (i) or (ii)])], the “Default Interest Rate”). Interest shall be due on the first Trading Day of each calendar month during the existence of an Event of Default. Once an Event of Default is cured, the interest rate shall return to 5%. The ​ shall have the option to pay the interest in cash or Common Stock. If the ​ elects to pay the interest in Common Stock, the number of shares to be issued shall be equal to the quotient of the amount of interest due to the Holder divided by the average of the VWAP of the Common Stock for the five (5) consecutive trading days immediately preceding the due date thereof.

Interest. No interest shall accrue on the unpaid principal balance of this Note.

Interest Subject to the provisions of subsection # below, # each Term SOFR Loan under a Facility shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to Term SOFR for such Interest Period plus the Applicable Rate for such Facility; # each Base Rate Loan under a Facility shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate for such Facility; # each Alternative Currency Daily Rate Loan under the Revolving Credit Facility shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Alternative Currency Daily Rate plus the Applicable Rate; # each Alternative Currency Term Rate Loan under the Revolving Credit Facility shall bear interest on the outstanding principal amount thereof for each Interest Period at a rate per annum equal to the Alternative Currency Term Rate for such Interest Period plus the Applicable Rate; and # each Swing Line Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to # the Base Rate plus the Applicable Rate for the Revolving Credit Facility or # the rate quoted to ​ by the Swing Line Lender on the date any Swing Line Loan shall be requested.

Interest. The outstanding principal amount of this Note shall accrue interest at the rate of 7% per annum until the Maturity Date. After the Maturity Date and upon the occurrence and during the continuation of any Event of Default, any principal balance of the Note remaining unpaid shall bear interest at the rate of 9% per annum. Accrued interest shall be calculated on the basis of a 360-day year for the actual number of days elapsed and shall accrue daily commencing on the Original Issue Date and be compounded monthly on the first (1st) day of each calendar month. At the option of the Investor, interest payments shall be paid either in cash or in shares of Empire Common Stock (as defined below) (“Interest Shares”) on each of the following dates (or if any such date is not a Business Day, the next following Business Day) (each, an “Interest Payment Date”), except upon the occurrence (and during the continuance) of an Event of Default, in which case interest will accrue and be paid in cash on demand:

Interest. (a) The Loans comprising each ABR Borrowing (including each Swingline Loan) shall bear interest at the Alternate Base Rate plus the Applicable Rate.

Interest. Interest shall accrue on the principal amount advanced pursuant to this Note at the rate of 4% per annum commencing on the date of this Note.

Interest. Interest is to be accrued on the account balance at a rate of interest that is equal to 120% of the long-term Applicable Federal Rate, adjusted monthly, as published each month by the Internal Revenue Service and available at www.irs.gov. 1

Interest. Interest shall accrue on all sums not paid when due hereunder at the lesser of # the maximum interest rate per year allowed by Applicable Laws, or # a rate equal to the sum of two (2) percentage points over the publicly announced reference rate charged on such due date by the San Francisco Main Office of Wells Fargo (or if Wells Fargo. ceases to exist, the largest bank then headquartered in the State of California) (“Applicable Interest Rate”) from the due date until paid.