Common use of ATTENDANCE AND PARTICIPATION RIGHTS Clause in Contracts

ATTENDANCE AND PARTICIPATION RIGHTS. So long as the Warrants and Warrant Shares of Holders (together will all other Capital Stock owned by any Holder) collectively represent 1% or more of the Common Stock (on a fully diluted basis), then a representative of Holders shall be entitled (if at any time hereafter Holders so elect) to attend each of the meetings of Company's Board of Directors (including, each committee thereof). Notwithstanding the foregoing, at the request of Company, representatives of Holders may be required temporarily to leave any such meeting of the Board of Directors if such action is necessary to preserve Company's attorney-client privilege with respect to such meetings or the information disseminated therein. In addition, at all times while any Holder owns Warrant Shares (together with all other shares of Capital Stock owned by such Holder) representing 5% or more of the issued and outstanding Common Stock, such Holder (at its option) shall be entitled to designate a pro rata percent of the positions on the Board of Directors (and each committee thereof) of Company (rounded upwards to the next whole number). The Company will cause any directors designated by a Holder to be included among the nominees who are recommended for election as directors by management of the Company, at each meeting of the Company's stockholders at which directors of the Company are proposed to be elected.

ATTENDANCE AND PARTICIPATION RIGHTS. So long as the Warrants and Warrant Shares of Holders (together will all other Capital Stock owned by any Holder) collectively represent 15% or more of the Common Stock of Company (on a fully diluted basis), then a representative of Holders shall be entitled (if at any time hereafter Holders so elect) to attend each of the meetings of Company's Board of Directors (including, each committee thereof). Notwithstanding the foregoing, at the request of Company, representatives of Holders may be required temporarily to leave any such meeting of the Board of Directors if such action is necessary to preserve Company's attorney-client privilege with respect to such meetings or the information disseminated therein. In addition, at all times while any Holder owns Warrant Shares (together with all other shares of Capital Stock owned by such Holder) representing 5% or more of the issued and outstanding Common Stock, such Holder (at its option) shall be entitled to designate a pro rata percent of the positions on the Board of Directors (and each committee thereof) of Company (rounded upwards to the next whole number). The Company will cause any directors designated by a Holder to be included among the nominees who are recommended for election as directors by management of the Company, at each meeting of the Company's stockholders at which directors of the Company are proposed to be elected.

ATTENDANCE AND PARTICIPATION RIGHTS. So long as the Warrants and Warrant Shares of Holders (together will all other warrants and shares of Capital Stock owned by any HolderHolders) collectively represent 15% or more of the Common Stock of Company (on a fully diluted basis), then a representative of Holders shall be entitled (if at any time hereafter Holders so elect) to attend each of the meetings of Company's Board of Directors (including, each committee thereof). Notwithstanding the foregoing, at the request of Company, representatives of Holders may be required temporarily to leave any such meeting of the Board of Directors if such action is necessary to preserve Company's attorney-client privilege with respect to such meetings or the information disseminated therein. In addition, at all times while any Holder owns Warrant Shares (together with all other shares of Capital Stock owned by such Holder) representing 5% or more of the issued and outstanding Common Stock, such Holder (at its option) shall be entitled to designate a pro rata percent of the positions on the Board of Directors (and each committee thereof) of Company (rounded upwards to the next whole number). The Company will cause any directors designated by a Holder to be included among the nominees who are recommended for election as directors by management of the Company, at each meeting of the Company's stockholders at which directors of the Company are proposed to be elected.