Common use of Call Provision Clause in Contracts

Call Provision. In the event that the closing price of a share of Common Stock as traded on the Over-the-Counter Bulletin Board (or such other exchange or stock market on which the Common Stock may then be listed or quoted) equals or exceeds 200% of the Warrant Price then in effect (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof), the Company, upon sixty (60) days prior written notice (the “Notice Period”) given to the Warrantholder, may call this Warrant at a redemption price equal to $0.01 per share of Common Stock then purchasable pursuant to this Warrant; provided that (i) all of the shares of Common Stock issuable hereunder either (A) are registered pursuant to an effective registration statement filed pursuant to the Securities Act of 1933, as amended (a “Registration Statement”) which has not been suspended and for which no stop order is in effect, and pursuant to which the Warrantholder is able to sell such shares of Common Stock at all times during the Notice Period or (B) no longer constitute Registrable Securities (as defined in the Indemnification Agreement) and (ii) this Warrant is fully exercisable for the full amount of Warrant Shares covered hereby. Notwithstanding any such notice by the Company, the Warrantholder shall have the right to exercise all, but not less than all, of this Warrant prior to the end of the Notice Period.

Call Provision. In the event that the closing price of a share of Common Stock as traded on the Over-the-Counter Bulletin Board (or such other exchange or stock market on which the Common Stock may then be listed or quoted) equals or exceeds 200% of the Warrant Price then in effect (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof) during which the Registration Statement (has been effective for at least (1) one year (the “Trading Condition”), the Company, upon sixty (60) days prior written notice (the “Notice Period”) given to the Warrantholder, may call this Warrant at a redemption price equal to $0.01 per share of Common Stock then purchasable pursuant to this Warrant; provided that (i) the Company simultaneously calls all of the Series D Warrants on the same terms, (ii) all of the shares of Common Stock issuable hereunder either (A) are registered pursuant to an effective registration statement filed pursuant to Registration Statement (as defined in the Securities Act of 1933, as amended (a “Registration Statement”Rights Agreement) which has not been suspended and for which no stop order is in effect, and pursuant to which the Warrantholder is able to sell such shares of Common Stock at all times during the Notice Period or (B) no longer constitute Registrable Securities (as defined in the Indemnification Registration Rights Agreement) and (iiiii) this Warrant is fully exercisable for the full amount of Warrant Shares covered hereby. Notwithstanding any such notice by the Company, the Warrantholder shall have the right to exercise all, but not less than all, of this Warrant prior to the end of the Notice Period.

Call Provision. In Unless and to the extent Holder is prohibited from exercising under Section 3(c), notwithstanding any other provision contained herein to the contrary, in the event that the closing bid price of a share of Common Stock as traded on the Over-the-Counter Bulletin Board American Stock Exchange, Inc. (or such other exchange or stock market on which the Common Stock may then be listed or quoted) equals or exceeds 200% of the Warrant Price then in effect $2.68 (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof)) for twenty (20) consecutive trading days commencing after the Registration Statement (as defined in the Registration Rights Agreement) has been declared effective, the Company, upon sixty thirty (6030) days prior written notice (the “Notice Period”) given to the WarrantholderHolder within one business day immediately following the end of such twenty (20) trading day period, may call this Warrant Warrant, in whole or in part, at a redemption price equal to $0.01 0.67 per share of Common Stock then purchasable pursuant to this Warrant; provided that (i) all of Warrant Shares issuable upon the shares exercise of Common Stock issuable hereunder this Warrant either (A) are registered pursuant to an effective registration statement filed pursuant to Registration Statement (as defined in the Securities Act of 1933, as amended (a “Registration Statement”Rights Agreement) which has not been suspended and for which no stop order is in effect, and pursuant to which the Warrantholder Holder is able to sell such shares of Common Stock at all times during the Notice Period or (B) no longer constitute Registrable Securities (as defined in the Indemnification Agreement) and (ii) this Warrant is fully exercisable for the full amount of Warrant Shares covered hereby. Notwithstanding any such notice by the Company, the Warrantholder shall have the right to exercise all, but not less than all, of this Warrant prior to the end of the Notice Period.able

Call Provision. In Notwithstanding any other provision contained herein to the contrary, in the event that the closing bid price of a share of Common Stock as traded on the Over-the-Counter Bulletin Board Nasdaq (or such other exchange or stock market on which the Common Stock may then be listed or quoted) equals or exceeds 200% of the Warrant Price then in effect $4.75 (appropriately adjusted for (A) any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof or (B) the substitution of this Warrant for a warrant for securities of an acquiring or surviving corporation pursuant to any merger or acquisition occurring after the date hereof) for twenty (20) consecutive trading sessions and all of the shares of Common Stock issuable hereunder either (i) are registered pursuant to an effective Registration Statement (as defined in the Registration Rights Agreement) which is available for sales of such shares of Common Stock or (ii) no longer constitute Registrable Securities (as defined in the Registration Rights Agreement), the Company, upon sixty thirty (6030) days prior written notice (the “Notice Period”) given following such twenty (20) day period, to the Warrantholder, may call this Warrant Warrant, in whole but not in part, at a redemption price equal to $0.01 per share of Common Stock then purchasable pursuant to this Warrant; provided provided, however, that (i) the Company simultaneously redeems all of the shares of Common Stock issuable hereunder either (A) are registered pursuant to an effective registration statement filed pursuant to the Securities Act of 1933, as amended (a “Registration Statement”) which has not been suspended and for which no stop order is in effect, and pursuant to which the Warrantholder is able to sell such shares of Common Stock at all times during the Notice Period or (B) no longer constitute Registrable Securities Company Warrants (as defined in Section 20 below) on the Indemnification Agreement) and (ii) this Warrant is fully exercisable for the full amount of Warrant Shares covered herebysame terms. Notwithstanding any such notice by the Company, the Warrantholder shall have the right to exercise all, but not less than all, of this Warrant prior to the end of the Notice Period.

Call Provision. In the event that the closing price of a share of Common Stock as traded on the Over-the-Counter Bulletin Board (or such other exchange or stock market on which the Common Stock may then be listed or quoted) equals or exceeds 200% of the Warrant Price then in effect (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof), the Company, upon sixty (60) days prior written notice (the “Notice Period”) given to the Warrantholder, may call this Warrant at a redemption price equal to $0.01 per share of Common Stock then purchasable pursuant to this Warrant; provided that (i) all of the shares of Common Stock issuable hereunder either (A) are registered pursuant to an effective registration statement filed pursuant to the Securities Act of 1933Act, as amended (a “Registration Statement”) which has not been suspended and for which no stop order is in effect, and pursuant to which the Warrantholder is able to sell such shares of Common Stock at all times during the Notice Period or (B) no longer constitute Registrable Securities (as defined in may be sold pursuant to Rule 144 promulgated under the Indemnification Agreement) Act without regard to the volume limitation imposed by such rule and (ii) this Warrant is fully exercisable for the full amount of Warrant Shares covered hereby. Notwithstanding any such notice by the Company, the Warrantholder shall have the right to exercise all, but not less than all, of this Warrant prior to the end of the Notice Period.

Call Provision. In Notwithstanding any other provision contained in this Warrant to the event that contrary, if at any time following August 23, 2008, the closing bid price of a per share of Common Stock as traded on the Over-the-Counter Bulletin Board Nasdaq (or such other exchange or stock market on which the Common Stock may then be listed or quoted) equals or exceeds 200% of the Warrant Price then in effect $14.408 (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof)) for twenty (20) consecutive trading days commencing after the Registration Statement (as defined in the Purchase Agreement) has been declared effective, the Company, upon sixty thirty (6030) days prior written notice (the “Notice Period”) (and the written notice will specify the date of the end of the Notice Period) given to the WarrantholderWarrantholder within one business day immediately following the end of such twenty (20) trading day period, may call this Warrant Warrant, in whole but not in part, at a redemption price equal to $0.01 per share of Common Stock then purchasable pursuant to this Warrant; provided that (i) the Company simultaneously calls all Warrants issued pursuant to the Purchase Agreement on the same terms, (ii) all of the shares of Common Stock issuable hereunder Exercise Shares either (A) are registered pursuant to an effective registration statement filed pursuant to the Securities Act of 1933, as amended (a “Registration Statement”) Statement which has is not been suspended and for which no stop order is in effect, and pursuant to which the Warrantholder is able to sell such shares of Common Stock Exercise Shares at all times during the Notice Period or (B) no longer constitute Registrable Securities (as defined in the Indemnification Purchase Agreement) and (iiiii) this Warrant is fully exercisable for the full amount of Warrant Exercise Shares covered hereby. Notwithstanding any such notice by the Company, the Warrantholder shall have the right to exercise all, but not less than all, of this Warrant prior to the end of the Notice Period.

Call Provision. In the event that the closing price of a share of Common Stock as traded on the Over-the-Counter Bulletin Board (or such other exchange or stock market on which the Common Stock may then be listed or quoted) equals or exceeds 200% of the Warrant Price then in effect (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof), the Company, upon sixty (60) days prior written notice (the “Notice Period”) given to the Warrantholder, may call this Warrant at a redemption price equal to $0.01 per share of Common Stock then purchasable pursuant to this Warrant; provided that (i) all of the shares of Common Stock issuable hereunder either (A) are registered pursuant to an effective registration statement filed pursuant to the Securities Act of 1933, as amended (a “Registration Statement”) which has not been suspended and for which no stop order is in effect, and pursuant to which the Warrantholder is able to sell such shares of Common Stock at all times during the Notice Period or (B) no longer constitute Registrable Securities (as defined in the Indemnification Agreement) and (ii) this Warrant is fully exercisable for the full amount of Warrant Shares covered hereby. Notwithstanding any such notice by the Company, the Warrantholder shall have the right to exercise all, but not less than all, of this Warrant prior to the end of the Notice Period.