Common use of Acknowledgement of Dilution Clause in Contracts

Acknowledgement of Dilution. The Company acknowledges that the issuance of the Conversion Shares upon conversion of the Debentures and the issuance of the Warrant Shares upon exercise of the Warrants may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges its obligation to issue Conversion Shares upon conversion of the Debentures in accordance with the terms of the Debentures, and to issue Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, regardless of the effect of any such dilution.

Acknowledgement of Dilution. The Company acknowledges that the issuance of the Conversion Debenture Shares upon conversion of or otherwise under the Debentures and the issuance of the Warrant Shares upon exercise of the Warrants may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges its obligation to issue Conversion Debenture Shares upon conversion of or otherwise under the Debentures in accordance with the terms of the Debentures, and to issue Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, regardless of the effect of any such dilution.

Acknowledgement of Dilution. The Company acknowledges that the issuance of the Conversion Underlying Shares upon (i) conversion of the Debentures and the issuance as payment of the Warrant Shares upon interest thereon and (ii) exercise of the Warrants may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges that, except as provided in Section 4(a)(ii) or Section 5 of the Debentures, its obligation to issue Conversion Underlying Shares upon conversion of the Debentures in accordance with the terms of the Debentures, Debentures and to issue Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrants, is unconditional and absolute regardless of the effect of any such dilution.

Acknowledgement of Dilution. The Company acknowledges that the issuance of the Conversion Shares upon conversion of the Debentures and the issuance of the Warrant Shares upon exercise of the Warrants may result in dilution of the outstanding shares of Common Stock, which dilution may be substantial under certain market conditions. The Company further acknowledges its obligation to issue Conversion Shares upon conversion of the Debentures in accordance with the terms of the Debenturesthereof, and to issue Warrant Shares upon exercise of the Warrants in accordance with the terms of the Warrantsthereof, regardless of the effect of any such dilution.