Common use of Amendments and Incorporation of Terms under Transaction Documents Clause in Contracts

Amendments and Incorporation of Terms under Transaction Documents. Effective as of the date the Required Holders execute a consent to the transactions contemplated hereby and to amendments in the form of this Section 2 (the “Required Consent”), the Initial Securities Purchase Agreement and each of the other Transaction Documents shall be amended as follows (and any such agreements, covenants and related provisions therein shall be deemed incorporated by reference herein, mutatis mutandis, as amended as such): (i) The defined term “Notes” is hereby amended to include the New Preferred Shares (as defined herein). (ii) The defined term “Conversion Shares” is hereby amended to include the New Conversion Shares (as defined herein).

Amendments and Incorporation of Terms under Transaction Documents. Effective as of the date the Required Holders execute a consent to the transactions contemplated hereby and to amendments in the form of this Section 2 (the “Required Consent”), the Initial Securities Purchase Agreement and each of the other Transaction Documents shall be amended as follows (and any such agreements, covenants and related provisions therein shall be deemed incorporated by reference herein, mutatis mutandis, as amended as such): (i) The defined term “Notes” is hereby amended to include the New Preferred Shares Note (as defined herein). (ii) The defined term “Conversion SharesTransaction Documents” is hereby amended to include this Agreement and the New Conversion Shares (as defined herein)other Exchange Documents.

Amendments and Incorporation of Terms under Transaction Documents. Effective as of the date the Required Holders execute a consent to the transactions contemplated hereby and to amendments in the form of this Section 2 (the “Required Consent”)hereof, the Initial Securities Purchase Agreement and each of the other Transaction Documents shall be are hereby amended as follows (and any such agreements, covenants and related provisions therein shall be deemed incorporated by reference herein, mutatis mutandis, as amended as such): (i) The defined term “Notes” is hereby amended to include the New Preferred Shares Note (as defined herein). (ii) The defined term “Conversion Shares” is hereby amended to include the New Conversion Shares (as defined herein). (iii) The defined term “Transaction Documents” is hereby amended to include this Agreement.

Amendments and Incorporation of Terms under Transaction Documents. Effective as of the date the Required Holders execute a consent to the transactions contemplated hereby and to amendments in the form of this Section 2 (the “Required Consent”), the Initial each Securities Purchase Agreement and each of the other Transaction Documents shall be amended as follows (and any such agreements, covenants and related provisions therein shall be deemed incorporated by reference herein, mutatis mutandis, as amended as such): (i) The defined term “Notes” is hereby amended to include the New Preferred Shares (as defined herein). (iiiii) The defined term “Conversion Shares” is hereby amended to include the New Conversion Shares (as defined herein). (iv) The defined term “Transaction Documents” is hereby amended to include this Agreement and the other Exchange Documents.

Amendments and Incorporation of Terms under Transaction Documents. Effective as of the date the Required Holders execute a consent to the transactions contemplated hereby and to amendments in the form of this Section 2 (the “Required Consent”), the Initial Securities Purchase Agreement and each of the other Transaction Documents shall be amended as follows (and any such agreements, covenants and related provisions therein shall be deemed incorporated by reference herein, mutatis mutandis, as amended as such): (i) The defined term “Notes” is hereby amended to include the New Preferred Shares Rights (as defined herein). (ii) The defined term “Conversion Shares” is hereby amended to include the New Conversion Shares Rights Shares. (as iii) The defined herein)term “Transaction Documents” is hereby amended to include this Agreement and the other Exchange Documents.