Common use of Certain Obligations of the Company Clause in Contracts

Certain Obligations of the Company. The Company will not, by amendment of its Certificate of Incorporation or through reorganization, consolidation, merger, dissolution or sale of assets, or by any other voluntary act or deed, avoid or seek to avoid the performance or observance of any of the covenants, stipulations or conditions to be performed or observed by the Company, but will at all times in good faith assist, insofar as it is able, in the carrying out of all provisions of this Warrant and in the taking of all other action which may be necessary in order to protect the rights of the holder of this Warrant against dilution. Without limiting the generality of the foregoing, the Company agrees that it will not establish or increase the par value of the shares of any Common Stock which are at the time issuable upon exercise of this Warrant above the then prevailing Warrant Price hereunder and that, before taking any action which would cause an adjustment reducing the Warrant Price hereunder below the then par value, if any, of the shares of any Common Stock issuable upon exercise hereof, the Company will take any corporate action which may, in the opinion of its counsel, be necessary in order that the Company may validly and legally issue fully-paid and non-assessable shares of such Common Stock at the Warrant Price as so adjusted.

Certain Obligations of the Company. The Company will shall not, by amendment of its Certificate Articles of Incorporation or through reorganization, consolidation, merger, dissolution or sale of assets, assets or by any other voluntary act or deed, deed avoid or seek to avoid the performance or observance of any of the covenants, stipulations or conditions contained herein to be performed or observed by the Company, but will at all times in good faith assist, insofar as it is able, in the carrying out of all provisions of this Warrant Option and in the taking of all other action which actions that may be necessary in order to protect the rights of the holder of this Warrant Participant against dilution. Without limiting the generality of the foregoing, the Company agrees that it will not establish or increase the par value of the shares of any Common Stock which that are at the time issuable upon exercise of this Warrant Option above the then prevailing Warrant Option Price hereunder and that, that before taking any action which that would cause an adjustment reducing the Warrant Option Price hereunder below the then par value, if any, of the shares of any Common Stock issuable that may be purchased upon the exercise hereofof this Option, the Company will take any corporate action which maythat, in the opinion of its counsel, may be necessary in order so that the Company may validly and legally issue fully-paid and non-assessable nonassessable shares of such Common Stock at the Warrant Option Price as so adjusted.

Certain Obligations of the Company. The Company will shall not, by amendment of its Certificate Restated and Amended Articles of Incorporation or through reorganization, consolidation, merger, dissolution or sale of assets, or by any other voluntary act or deed, avoid or seek to avoid the performance or observance of any of the covenants, stipulations or conditions contained herein to be performed or observed by the Company, but will at all times in good faith assist, insofar as it is able, in the carrying out of all provisions of this Warrant Option and in the taking of all other action which that may be necessary in order to protect the rights of the holder of this Warrant Optionee against dilution. Without limiting the generality of the foregoing, the Company agrees that it will not establish or increase the par value of the shares of any Common Stock which that are at the time issuable upon exercise of this Warrant Option above the then prevailing Warrant Option Price hereunder and that, that before taking any action which that would cause an adjustment reducing the Warrant Option Price hereunder below the then par value, if any, of the shares of any Common Stock issuable that may be purchased upon the exercise hereofof this Option, the Company will take any corporate action which maythat, in the opinion of its counsel, may be necessary in order so that the Company may validly and legally issue fully-paid and non-assessable nonassessable shares of such Common Stock at the Warrant Option Price as so adjusted.