Common use of Requisite Stockholder Approval Clause in Contracts

Requisite Stockholder Approval. The Company shall use reasonable best efforts to hold a special meeting of stockholders (a “Stockholder Meeting”) within 120 days from the Closing (the “Stockholder Meeting Deadline”) for the purpose of obtaining stockholder approval to allow for the conversion of the issued and outstanding Series X1 Preferred Stock into shares of Common Stock in accordance with Nasdaq Marketplace Rule 5635(a) (the “Requisite Stockholder Approval”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholder. The Company shall use its reasonable best efforts to solicit stockholder approval of such resolution and to cause the Board of Directors to recommend to the stockholders that they approve such resolution. If the Requisite Stockholder Approval is not obtained on or prior to the Stockholder Meeting Deadline, the Company shall cause an additional Stockholder Meeting to be held within 90 days from the prior meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall convene additional stockholder meetings every 90 days thereafter until the Requisite Stockholder Approval is obtained.

Requisite Stockholder Approval. The Company shall use reasonable best efforts to hold a special meeting of stockholders (a “Stockholder Meeting”) within 120 75 days from the Closing (the “Stockholder Meeting Deadline”) for the purpose of obtaining stockholder approval to allow for of the conversion of the all issued and outstanding Series X1 A Preferred Stock into shares of Common Stock in accordance with the Nasdaq Marketplace Rule 5635(a) Stock Market Rules (the “Requisite Stockholder Approval”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholder. The Company shall use its reasonable best efforts to solicit stockholder its stockholders’ approval of such resolution and to cause the Board of Directors to recommend to the stockholders that they approve such resolution. If the Requisite Stockholder Approval is not obtained on or prior to the Stockholder Meeting Deadline, the Company shall cause an additional Stockholder Meeting to be held within 90 days from the prior meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall convene additional stockholder meetings every 90 days thereafter until the Requisite Stockholder Approval is obtained. The Company shall enforce the terms of each Support Agreement, and shall not amend or waive any provision of any Support Agreement.

Requisite Stockholder Approval. The Company shall use reasonable its best efforts to hold a special meeting of stockholders (a “Stockholder Meeting”) within 120 days from the Closing (the “Stockholder Meeting Deadline”) for the purpose of obtaining obtain stockholder approval to allow for of the conversion of the all issued and outstanding Series X1 B Preferred Stock into shares of Common Stock in accordance with the Nasdaq Marketplace Rule 5635(a) Stock Market Rules (the “Requisite Stockholder Approval”) at its 2024 annual meeting of stockholders (the “Annual Meeting”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholderwhich such Annual Meeting shall be held no later than May 15, 2024. The Company shall use its reasonable best efforts to solicit stockholder its stockholders’ approval of such resolution and to cause the Board of Directors to recommend to the stockholders that they approve such resolution. If the Requisite Stockholder Approval is not obtained on or prior to at the Stockholder Meeting DeadlineAnnual Meeting, the Company shall cause an additional Stockholder Meeting to be held within 90 days from the prior meeting date of the Annual Meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall convene additional stockholder meetings every 90 days thereafter until the Requisite Stockholder Approval is obtained.

Requisite Stockholder Approval. The Company shall use reasonable best efforts to hold a special meeting of stockholders (a “Stockholder Meeting”) within 120 90 days from the Closing (the “Stockholder Meeting Deadline”) for the purpose of obtaining stockholder approval to allow for of the conversion of the all issued and outstanding Series X1 A Preferred Stock into shares of Common Stock in accordance with the Nasdaq Marketplace Rule 5635(a) Stock Market Rules (the “Requisite Stockholder Approval”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholder. The Company shall use its reasonable best efforts to solicit stockholder its stockholders’ approval of such resolution and to cause the Board of Directors of the Company to recommend to the stockholders that they approve such resolution. If the Requisite Stockholder Approval is not obtained on or prior to the Stockholder Meeting Deadline, the Company shall cause an additional Stockholder Meeting to be held within 90 days from the prior meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall convene additional stockholder meetings every 90 days thereafter until the Requisite Stockholder Approval is obtained. The Company shall enforce the terms of each Support Agreement, and shall not amend or waive any provision of any Support Agreement without the prior written consent of the Purchasers of at least a majority in interest of the Securities still held by Purchasers.

Requisite Stockholder Approval. The Company shall use reasonable best efforts to hold a special meeting of stockholders (a “Stockholder Meeting”) within 120 180 days from the Closing (the “Stockholder Meeting Deadline”) for the purpose of obtaining stockholder approval to allow for the conversion of the issued and outstanding Series X1 X Preferred Stock into shares of Common Stock in accordance with Nasdaq Marketplace Rule 5635(a) (the “Requisite Stockholder Approval”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholder. The Company shall use its reasonable best efforts to solicit stockholder approval of such resolution and to cause the Board of Directors to recommend to the stockholders that they approve such resolution. If the Requisite Stockholder Approval is not obtained on or prior to the Stockholder Meeting Deadline, the Company shall cause an additional Stockholder Meeting to be held within 90 days from the prior meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall convene additional stockholder meetings every 90 days thereafter until the Requisite Stockholder Approval is obtained.

Requisite Stockholder Approval. The Company shall use reasonable best efforts take all action necessary under applicable law to promptly call, give notice of and hold a special meeting of stockholders (a “Stockholder Meeting”) ), including filing preliminary proxy solicitation materials therefor with the Commission within 120 75 days from the Closing (the “Stockholder Meeting Deadline”) Closing, for the purpose of obtaining stockholder approval to allow for of the conversion of the all issued and outstanding Series X1 Preferred Stock Shares into and exercise of all issued and outstanding Warrants for shares of Common Stock in accordance with the Nasdaq Marketplace Rule 5635(a) Stock Market Rules (the “Requisite Stockholder Approval”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholder. The Company shall use its reasonable best efforts to solicit stockholder and obtain its stockholders’ approval of such resolution and to cause the Board of Directors to recommend to the stockholders that they approve such resolutionresolution at each stockholder meeting contemplated by this Section 4.12. If the Requisite Stockholder Approval is not obtained on or prior to at the Stockholder Meeting DeadlineMeeting, the Company shall take all action necessary under applicable law to call, give notice of and cause an additional Stockholder Meeting stockholder meeting to be held within 90 days from the prior meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall take all action necessary under applicable law to call, give notice of and convene additional stockholder meetings every 90 days thereafter until the Requisite Stockholder Approval is obtained.

Requisite Stockholder Approval. The Company shall use reasonable its best efforts to hold a special meeting of stockholders (a “Stockholder Meeting”) within 120 days from the Closing (the “Stockholder Meeting Deadline”) for the purpose of obtaining obtain stockholder approval to allow for of an increase in the conversion of the issued and outstanding Series X1 Preferred Stock into authorized shares of Common Stock in accordance with Nasdaq Marketplace Rule 5635(a) (the “Requisite Stockholder Approval”) at its 2024 annual meeting of stockholders (the “Annual Meeting”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholderwhich such Annual Meeting shall be held no later than June 30, 2024. The Company shall use its reasonable best efforts to solicit stockholder its stockholders’ approval of such resolution and to cause the Board of Directors to recommend to the stockholders that they approve such resolution. If the Requisite Stockholder Approval is not obtained on or prior to at the Stockholder Meeting DeadlineAnnual Meeting, the Company shall cause an additional Stockholder Meeting to be held within 90 days from the prior meeting date of the Annual Meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall convene additional stockholder meetings every 90 days thereafter until the Requisite Stockholder Approval is obtained. Within one Business Day of receiving the Requisite Stockholder Approval, the Company shall file an amendment to its Certificate of Incorporation with the Secretary of State of the State of Delaware to effect such increase to its authorized shares of Common Stock.

Requisite Stockholder Approval. The Company shall use reasonable best efforts to hold a special meeting of the stockholders (a “Stockholder Meeting”) within 120 days from the Closing on May 21, 2024 (the “Stockholder Meeting DeadlineAnnual Meeting”) ), for the purpose of obtaining stockholder approval to allow for of the (i) conversion of the all issued and outstanding Series X1 A Preferred Stock into shares of Common Stock in accordance with the Nasdaq Marketplace Rule 5635(aStock Market Rules and (ii) issuance of the Securities to the Purchasers (the “Requisite Stockholder Approval”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholder. The Company shall use its reasonable best efforts to solicit stockholder its stockholders’ approval of such resolution and to cause the Board of Directors to recommend to the stockholders that they approve such resolution. If the Requisite Stockholder Approval is not obtained on or prior to at the Stockholder Meeting DeadlineAnnual Meeting, the Company shall cause an additional Stockholder Meeting meeting of stockholders to be held within 90 60 days from the prior meeting date of the Annual Meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall convene additional stockholder meetings every 90 60 days thereafter until the Requisite Stockholder Approval is obtained.

Requisite Stockholder Approval. The Company shall use reasonable best efforts to hold a special meeting of stockholders (a “Stockholder Meeting”) within 120 75 days from the Closing (the “Stockholder Meeting Deadline”) for the purpose of obtaining stockholder approval to allow for of the conversion of the all issued and outstanding Series X1 C Preferred Stock into shares of Common Stock in accordance with the Nasdaq Marketplace Rule 5635(a) Stock Market Rules (the “Requisite Stockholder Approval”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholder. The Company shall use its reasonable best efforts to solicit stockholder its stockholders’ approval of such resolution and to cause the Board of Directors to recommend to the stockholders that they approve such resolution. If the Requisite Stockholder Approval is not obtained on or prior to the Stockholder Meeting Deadline, the Company shall cause an additional Stockholder Meeting to be held within 90 days from the prior meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall convene additional stockholder meetings every 90 days thereafter until the Requisite Stockholder Approval is obtained. The Company shall enforce the terms of each Support Agreement, and shall not amend or waive any provision of any Support Agreement.

Requisite Stockholder Approval. The Company shall use reasonable best efforts to hold a special meeting of stockholders (a “Stockholder Meeting”) within 120 90 days from the Closing (the “Stockholder Meeting Deadline”) for the purpose of obtaining stockholder approval to allow for of the conversion of the all issued and outstanding Series X1 A Preferred Stock into shares of Common Stock in accordance with the Nasdaq Marketplace Rule 5635(a) Stock Market Rules (the “Requisite Stockholder Approval”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholder. The Company shall use its reasonable best efforts to solicit stockholder its stockholders’ approval of such resolution and to cause the Board of Directors of the Company to recommend to the stockholders that they approve such resolution. If the Requisite Stockholder Approval is not obtained on or prior to the Stockholder Meeting Deadline, the Company shall cause an additional Stockholder Meeting to be held within 90 days from the prior meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall convene additional stockholder meetings every 90 days thereafter until the Requisite Stockholder Approval is obtained.

Requisite Stockholder Approval. The Company shall use reasonable best efforts take all action necessary under applicable law to call, give notice of and hold a special meeting of stockholders (a “Stockholder Meeting”) within 120 150 days from the Closing (the “Stockholder Meeting Deadline”) for the purpose of obtaining stockholder approval to allow for of the conversion of the all issued and outstanding Series X1 X Preferred Stock and exercise of all Warrants and Placement Agent Warrants into shares of Common Stock in accordance with Nasdaq Marketplace Rule 5635(a) the listing rules of Principal Trading Market (the “Requisite Stockholder Approval”), but remaining subject to a beneficial ownership conversion limit not to exceed 19.99% for any given stockholder. The Company shall use its reasonable best efforts to solicit stockholder its stockholders’ approval of such resolution and to cause the Board of Directors to recommend to the stockholders that they approve such resolution. If the Requisite Stockholder Approval is not obtained on or prior to the Stockholder Meeting Deadline, the Company shall cause an additional Stockholder Meeting to be held within 90 days from the prior meeting (the “Extended Stockholder Approval Period”). If the Requisite Stockholder Approval is not obtained within the Extended Stockholder Approval Period, then the Company shall convene additional stockholder meetings every 90 days thereafter until the Requisite Stockholder Approval is obtained. The Company shall enforce the terms of each Support Agreement and shall not amend or waive any provision of any Support Agreement.