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 hereof, the Securities Purchase Agreement and each of the other Transaction Documents 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): (a) The defined term “Notes” is hereby amended to include the New Preferred Shares (as defined herein). (b) The defined term “Conversion Shares” is hereby amended to include the New Conversion Shares (as defined herein). (c) The defined term “Irrevocable Transfer Agent Instructions” is hereby amended to include the Additional Transfer Agent Instructions. (d) 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 hereof, the Securities Purchase Agreement and each of the other Transaction Documents 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): (ai) The defined term “Notes” is hereby amended to include the New Preferred Shares (as defined herein). (bii) The defined term “Conversion Shares” is hereby amended to include the New Conversion Shares (as defined herein). (c) The defined term “Irrevocable Transfer Agent Instructions” is hereby amended to include the Additional Transfer Agent Instructions. (diii) The defined term “Transaction Documents” is hereby amended to include this Agreement. (iv) The defined term “Event of Default” is hereby amended to include the Triggering Events (as defined in the Certificate of Designations).

Amendments and Incorporation of Terms under Transaction Documents. Effective as of the date hereofEffective Time, the Securities Purchase Agreement and each of the other Transaction Documents 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): (ai) The defined term “Notes” is hereby amended to include the New Preferred Shares (as defined herein). (bii) The defined term “Conversion Warrants” is hereby amended to include the New Warrant (as defined herein). (iii) The defined term “Warrant Shares” is hereby amended to include the New Conversion Warrant Shares (as defined herein). (c) The defined term “Irrevocable Transfer Agent Instructions” is hereby amended to include the Additional Transfer Agent Instructions. (d) The defined term “Transaction Documents” is hereby amended to include this Agreement.