Common use of Commitment Warrants Clause in Contracts

Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about July 10, 2000 between the Company and the Investor, the Company issued and delivered to Investor a warrant to purchase 760,000 shares of common stock of the Company in the form attached hereto as EXHIBIT U1, or such other form as agreed upon by the parties, a warrant to purchase an additional 144,000 shares of common stock of the Company in the form attached hereto as EXHIBIT U2, or such other form as agreed upon by the parties, and on or about the date of execution of this Amended and Restated Investment Agreement, the Company issued and delivered to Investor warrants in the form attached hereto as EXHIBIT U3, or such other form as agreed upon by the parties, to purchase AN ADDITIONAL 90,400 shares of Common Stock (collectively, the warrants described in this sentence are referred to as the "Commitment Warrants"). Each Commitment Warrant shall be immediately exercisable in accordance with its terms, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. The Investment Commitment Opinion of Counsel shall cover the issuance of the Commitment Warrant and the issuance of the common stock upon exercise of the Commitment Warrant. Notwithstanding any Termination or Automatic Termination of this Agreement, regardless of whether or not the Registration Statement is or is not filed, and regardless of whether or not the Registration Statement is approved or denied by the SEC, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder.

Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about July 10April 4, 2000 between the Company and the Investor, the Company issued and delivered to Investor a warrant to purchase 760,000 445,000 shares of common stock of the Company in the form attached hereto as EXHIBIT Exhibit U1, or such other form as agreed upon by the parties, a warrant to purchase an additional 144,000 shares of common stock of the Company in the form attached hereto as EXHIBIT U2, or such other form as agreed upon by the parties, and on or about the date of execution of this Amended and Restated Investment Agreement, the Company issued and delivered to Investor warrants in the form attached hereto as EXHIBIT U3Exhibit U2, or such other form as agreed upon by the parties, to purchase AN ADDITIONAL 90,400 an additional 44,500 shares of Common Stock (collectively, the warrants described in this sentence are referred to as the "Commitment Warrants"). Each Commitment Warrant is and remains in full force and effect as partial consideration of this Agreement, as amended and restated. Each Commitment Warrant shall be immediately exercisable at the Commitment Warrant Exercise Price as defined in accordance with its termsthe Commitment Warrant, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. The Investment Commitment Opinion of Counsel shall cover the issuance of the Commitment Warrant and the issuance of the common stock upon exercise of the Commitment Warrant. Notwithstanding any Termination or Automatic Termination of this Agreement, regardless of whether or not the Registration Statement is or is not filed, and regardless of whether or not the Registration Statement is approved or denied by the SEC, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder.

Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about July 10March 28, 2000 between the Company and the Investor, the Company issued and delivered to Investor a warrant to purchase 760,000 shares of common stock of or its designated assignees, warrants (the Company "Commitment Warrants") in the form attached hereto as EXHIBIT U1, or such other form as agreed upon by the parties, a warrant to purchase an additional 144,000 shares of common stock of the Company in the form attached hereto as EXHIBIT U2, or such other form as agreed upon by the parties, and on or about the date of execution of this Amended and Restated Investment Agreement, the Company issued and delivered to Investor warrants in the form attached hereto as EXHIBIT U3Exhibit U, or such other form as agreed upon by the parties, to purchase AN ADDITIONAL 90,400 280,000 shares of Common Stock Stock. The Commitment Warrants shall be exerciseable at a price (the "Commitment Warrant Exercise Price") which shall initially equal the lowest Closing Bid Price for the five (5) Business Days immediately preceding March 28, 2000 ("Initial Exercise Price"), or, if lower, the lowest Closing Bid Price for the five (5) Business Days immediately preceding the date of execution by the Company and the Investor of this Investment Agreement and the Exhibits hereto (collectively, the warrants described in this sentence are referred to as the "Commitment WarrantsClosing Documents"),, and shall have reset provisions. Each Commitment Warrant shall be immediately exercisable in accordance with its termsat the Commitment Warrant Exercise Price, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. The Investment Commitment Opinion of Counsel shall cover the issuance of the Commitment Warrant and the issuance of the common stock upon exercise of the Commitment Warrant. Notwithstanding any Termination or Automatic Termination of this Agreement, regardless of whether or not the Registration Statement is or is not filed, and regardless of whether or not the Registration Statement is approved or denied by the SEC, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder.

Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about July 10May 5, 2000 between the Company and the Investor, the Company issued and delivered to Investor a warrant to purchase 760,000 shares of common stock of the Company warrants in the form attached hereto as EXHIBIT U1Exhibit P1, or such other form as agreed upon by the parties, a warrant to purchase an additional 144,000 490,000 shares of common stock of the Company in the form attached hereto as EXHIBIT U2, or such other form as agreed upon by the parties, Common Stock and on or about the date of execution of this Amended and Restated Investment Agreement, Agreement the Company issued and delivered to Investor warrants in the form attached hereto as EXHIBIT U3Exhibit P2, or such other form as agreed upon by the parties, to purchase AN ADDITIONAL 90,400 5,390,000 shares of Common Stock (collectively, the warrants described in this sentence are referred to as the "Commitment Warrants"). Each Commitment Warrant shall be immediately exercisable in accordance with its terms, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. The Investment Commitment Opinion of Counsel shall cover the issuance of the Commitment Warrant and the issuance of the common stock upon exercise of the Commitment Warrant. Notwithstanding any Termination or Automatic Termination of this Agreement, regardless of whether or not the Registration Statement is or is not filed, and regardless of whether or not the Registration Statement is approved or denied is not declared effective by the SEC, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder. 2.4.2 [Intentionally Left Blank].