Common use of AUTHORIZATION AND ISSUANCE OF SHARES AND WARRANTS Clause in Contracts

AUTHORIZATION AND ISSUANCE OF SHARES AND WARRANTS. The Company has authorized in accordance with the Plan: (a) the issuance of a warrant certificate substantially in the form of ANNEX 1 to this Agreement ("Warrant Certificate" or "Warrant Certificates") evidencing warrants to purchase Stock Units representing shares of Stock (such Warrant Certificate(s), Warrant Certificates issued upon transfer, partial exercise, division or combination of, or in substitution or replacement for any Warrant Certificate or the rights to purchase Stock evidenced by each of the foregoing, is, as the context requires, sometimes referred to herein as a "Warrant" or "Warrants"); and (b) the issuance of such number of shares of Stock as shall permit the compliance by the Company with its obligations to issue Stock pursuant to the Warrants. In addition, the Warrant Certificates may have such letters, numbers or other marks of identification or designation and such legends, summaries, or endorsements stamped, printed, lithographed or engraved thereon as the Company may deem appropriate and as are not inconsistent with the provisions of this Agreement, or as, in any particular case, may be required to comply with any law or with any rule or regulation of any regulatory authority or agency, or to conform to customary usage, provided, however, that no such change shall be made which affects the duties or obligations of the Company without the consent of the Company.

AUTHORIZATION AND ISSUANCE OF SHARES AND WARRANTS. The Company has authorized in accordance with the Planauthorized: (a) the issuance of a warrant certificate certificates substantially in the form of ANNEX Annex 1 to this Agreement (each, a "Warrant Certificate" or "Warrant Certificates") ), each evidencing warrants to purchase Stock Units representing shares of Stock (such Warrant Certificate(s)Certificate issued on the Date of Issuance, other Warrant Certificates issued in connection with Additional Warrants or upon transfer, partial exercise, division or combination of, or in substitution or replacement for any Warrant Certificate or the rights to purchase Stock evidenced by each of the foregoing, is, as the context requires, sometimes referred to herein as a "Warrant" or "Warrants"); and (b) the issuance of such number of shares of Stock as shall permit the compliance by the Company with its obligations to issue Stock pursuant to the Warrants. In addition, the each Warrant Certificates Certificate may have such letters, numbers or other marks of identification or designation and such legends, summaries, or endorsements stamped, printed, lithographed or engraved thereon as the Company may deem appropriate and as are not inconsistent with the provisions of this Agreement, or as, in any particular case, may be required to comply with any law or with any rule or regulation of any regulatory authority or agency, or to conform to customary usage, ; provided, however, that no such change shall be made which affects the duties or obligations of the Company without the consent of the Company.

AUTHORIZATION AND ISSUANCE OF SHARES AND WARRANTS. The Company has authorized in accordance with the Planauthorized: (a) the issuance of a warrant certificate substantially in the form of ANNEX Annex 1 to this Agreement (the "Warrant Certificate" or "Warrant Certificates") evidencing warrants to purchase Stock Units representing shares of Stock (such Warrant Certificate(s)Certificate, other Warrant Certificates issued upon transfer, partial exercise, division or combination of, or in substitution or replacement for any Warrant Certificate or the rights to purchase Stock evidenced by each of the foregoing, is, as the context requires, sometimes referred to herein as a "Warrant" or "Warrants"); and (b) the issuance of such number of shares of Stock as shall permit the compliance by the Company with its obligations to issue Stock pursuant to the Warrants. In addition, the Warrant Certificates Certificate may have such letters, numbers or other marks of identification or designation and such legends, summaries, or endorsements stamped, printed, lithographed or engraved thereon as the Company may deem appropriate and as are not inconsistent with the provisions of this Agreement, or as, in any particular case, may be required to comply with any law or with any rule or regulation of any regulatory authority or agency, or to conform to customary usage, ; provided, however, that no such change shall be made which affects the duties or obligations of the Company without the consent of the Company.