Common use of Company Call Clause in Contracts

Company Call. If, prior to the exercise or earlier expiration of this Warrant pursuant to the terms hereof, the last sale price of the Common Stock on the Nasdaq Small Cap Market equals or exceeds $2.25 on each of any 20 consecutive trading days, the Company shall be entitled, within 10 trading days of the last of such 20 consecutive trading days, at its option, to issue a notice (a "CALL NOTICE") to the holder of this Warrant to the effect that the Company is exercising its rights pursuant to this Section 7. Upon receipt of a Call Notice (which receipt will be deemed to occur on the one business day following the dispatch of such Call Notice by the Company by a nationally recognized overnight courier), the holder shall have until 5.00 p.m., Boston, Massachusetts time, on the tenth business day following receipt of the Call Notice to exercise the Warrant in accordance with Section 1 hereof. Upon the expiration of such ten day period, if not sooner exercised, this Warrant will terminate and the holder's and the Company's rights and obligations hereunder will cease without payment of consideration. Notwithstanding the foregoing provisions of this Section 7, the Company may not issue a Call Notice unless and until a registration statement is effective, or no longer required, with respect to the resale of the Warrant Shares.

Company Call. If, prior to the exercise or earlier expiration of this Warrant pursuant to the terms hereof, the last sale price of the Common Stock on the Nasdaq Small Cap Market equals or exceeds $2.25 6.00 on each of any 20 consecutive trading days, the Company shall be entitled, within 10 trading days of the last of such 20 consecutive trading days, at its option, to issue a notice (a "CALL NOTICE") to the holder of this Warrant to the effect that the Company is exercising its rights pursuant to this Section 7. Upon receipt of a Call Notice (which receipt will be deemed to occur on the one business day following the dispatch of such Call Notice by the Company by a nationally recognized overnight courier), the holder shall have until 5.00 p.m., Boston, Massachusetts time, on the tenth business day following receipt of the Call Notice to exercise the Warrant in accordance with Section 1 hereof. Upon the expiration of such ten day period, if not sooner exercised, this Warrant will terminate and the holder's and the Company's rights and obligations hereunder will cease without payment of consideration. Notwithstanding the foregoing provisions of this Section 7, the Company may not issue a Call Notice unless and until a registration statement is effective, or no longer required, with respect to the resale of the Warrant Shares.