Common use of Amendment and Restatement of Existing Note and Existing Warrants Clause in Contracts

Amendment and Restatement of Existing Note and Existing Warrants. Subject to satisfaction (or waiver) of the conditions set forth in Sections 5 and 6 below, at the closing contemplated by this Agreement (the “Closing”), (i) the Investor shall surrender to the Company its Existing Note and its Existing Warrants and the Company shall issue and deliver to the Investor (A) a Second Amended and Restated Note in the principal amount set forth opposite the Investor’s name in column (3) of the Securities Schedule attached hereto and (B) the Second Amended and Restated Warrants to acquire that number of Second Amended and Restated Warrant Shares as is set forth opposite the Investor’s name in column (4) on the Securities Schedule attached hereto and (ii) the obligations of the Company pursuant to Section 2 of the Registration Rights Agreement, as amended by the Amendment and Exchange Agreements, are hereby terminated.