Common use of Company Optional Redemption Clause in Contracts

Company Optional Redemption. If at any time after the date hereof, (i) the Closing Bid Price of the Common Stock is equal to or greater than $40.85 per share (as adjusted for stock splits, stock combinations and the like occurring from and after the Issuance Date) (the “Trigger Price”) for a period of seven (7) consecutive Trading Days (the “Measuring Period”), (ii) no Equity Conditions Failure shall have occurred, and (iii) the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the applicable Eligible Market for each Trading Day during the Measuring Period exceeds $10 million per day, then the Company shall have the right to purchase all, or any part, of then-remaining portion of this Warrant from the Holder as set forth below (a “Company Redemption”). The Company may exercise its right to purchase the entire then-remaining portion of this Warrant under this Section 18 by delivering (provided that all of the conditions set forth in clauses (i) through (iii) above are then satisfied), on the first (1st) Trading Day immediately following the satisfaction of all the conditions set forth in clauses (i) through (iii) above, a written notice thereof to the Holder (the “Redemption Notice” and the date the Holder receives such notice by facsimile is referred to as the “Redemption Notice Date”). The Company shall only be permitted to submit one Redemption Notice to the Holder pursuant to this Section 18. The Redemption Notice shall be irrevocable. The Redemption Notice shall (A) state the Trading Day selected for the Company Redemption in accordance with this Section 18, which Trading Day shall be at least five (5) Trading Days but not more than twenty (20) Trading Days following the Redemption Notice Date (the “Redemption Date”), (B) contain a certification from the Chief Executive Officer of the Company that there has been no Equity Conditions Failure and (C) contain a certification from the Chief Executive Officer of the Company that the Company has simultaneously taken the same action with respect to all of the Warrants (as defined in the Securities Purchase Agreement) that are then eligible to be purchased by the Company. On the Redemption Date, the Company shall pay an amount equal to the product of (x) the number of Warrant Shares then issuable upon exercise of this Warrant (without regard to any limitations of exercise set forth herein) and (y) $0.001 (the “Redemption Price”) to the Holder on the Redemption Date by wire transfer of immediately available funds to an account specified by the Holder. Notwithstanding anything contained in this Section 18 to the contrary, if (x) any shares of Common Stock trade for a price less than the Trigger Price on any day Trading Day during the period commencing on the Redemption Notice Date and ending on the Trading Day immediately preceding the Redemption Date; (y) the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the applicable Eligible Market on any day Trading Day during the period commencing on the Redemption Notice Date and ending on the Trading Day immediately preceding the Redemption Date is less than $10 million; or (z) an Equity Conditions Failure occurs on any day during the period commencing on the Redemption Notice Date and ending on the Redemption Date which has not been waived by the Holder, then, in any case, the applicable Redemption Notice delivered to the Holder shall be null and void ab initio and the Company Redemption shall not occur. If the Company elects to cause a Company Redemption of this Warrant pursuant to this Section 18, then it must simultaneously take the same action with respect to all of the other Warrants that are then eligible to be purchased in the same proportion as the Company Redemption of this Warrant. Notwithstanding the foregoing, the Holder may exercise all or any portion of this Warrant at any time and from time to time after the Redemption Notice Date until the Holder’s receipt of the Redemption Price from the Company and any such exercise of this Warrant shall proportionally reduce the Redemption Price.

Company Optional Redemption. If at any time after the date hereof, (i) the Closing Bid Price of the Common Stock is equal to or greater than $40.85 1.75 per share (as adjusted for stock splits, stock combinations and the like occurring from and after the Issuance Date) (the “Trigger Price”) for a period of seven thirty (730) consecutive Trading Days following the applicable date of determination (the thirty (30) consecutive Trading Days on which the condition in this clause (i) is satisfied are referred to herein as the “Measuring Period”), (ii) no Equity Conditions Failure shall have occurred, and (iii) the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the applicable Eligible Market for each Trading Day during the Measuring Period exceeds $10 million 225,000 per dayday (the foregoing conditions in clause (i) through (iii) above, collectively, the “Redemption Conditions”), then the Company shall have the right to purchase all, or any part, of the entire then-remaining portion of this Warrant from the Holder as set forth below (a “Company Redemption”). The Company may exercise its right to purchase the entire then-remaining portion of this Warrant under this Section 18 17 by delivering (provided that all of the conditions set forth in clauses (i) through (iii) above Redemption Conditions are then satisfied), on the first (1st) Trading Day immediately following the satisfaction of all the conditions set forth in clauses (i) through (iii) aboveRedemption Conditions, a written notice thereof by via e-mail to the Holder (the “Redemption Notice” and the date the Holder receives such notice by facsimile is referred to as the “Redemption Notice Date”). The Company shall only be permitted to submit one Redemption Notice to the Holder pursuant to this Section 18. The Redemption Notice shall be irrevocable. The Redemption Notice shall (A1) state the Trading Day selected for the Company Redemption in accordance with this Section 1817, which Trading Day shall be at least five (5) Trading Days but not more than twenty sixty (2060) Trading Days following the Redemption Notice Date (the “Redemption Date”), (B2) contain a certification from the Chief Executive Officer of the Company that there has been no Equity Conditions Failure and (C3) contain a certification from the Chief Executive Officer of the Company that the Company has simultaneously taken the same action with respect to all of the Other Warrants (as defined in the Securities Purchase Agreement) that are then eligible to be purchased by the Company. On the Redemption Date, the Company shall pay an amount equal to the product of (x) the number of Warrant Shares then issuable upon exercise of $0.01 for this Warrant (without regard to any limitations of exercise set forth herein) and (y) $0.001 (the “Redemption Price”) to the Holder on the Redemption Date by wire transfer of immediately available funds to an account specified by the Holder. Notwithstanding anything contained in this Section 18 17 to the contrary, if (xI) any shares of Common Stock trade for a price less than the Trigger Price on any day Trading Day during the period commencing on the Redemption Notice Date and ending on the Trading Day immediately preceding the Redemption Date; (yII) the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the applicable Eligible Market on any day Trading Day during the period commencing on the Redemption Notice Date and ending on the Trading Day immediately preceding the Redemption Date is less than $10 million225,000; or (zIII) an Equity Conditions Failure occurs on any day during the period commencing on the Redemption Notice Date and ending on the Redemption Date which has not been waived in writing by the Holder, then, in any case, the applicable Redemption Notice delivered to the Holder shall be null and void ab initio and the Company Redemption shall not occur. If the Company elects to cause a Company Redemption of the entire then-remaining portion of this Warrant pursuant to this Section 1817, then it must simultaneously take the same action with respect to all of the other Other Warrants that are then eligible to be purchased in the same proportion as the Company Redemption of this Warrantpurchased. Notwithstanding the foregoing, the Holder may exercise all or any portion of this Warrant at any time and from time to time after the Redemption Notice Date until the Holder’s receipt of the Redemption Price from the Company and any such exercise of this Warrant shall proportionally not reduce the Redemption Price.

Company Optional Redemption. If at any time after the date hereof, (i) the Closing Bid Price of the Common Stock is equal to or greater than $40.85 16.15 per share (as adjusted for stock splits, stock combinations and the like occurring from and after the Issuance Date) (the “Trigger Price”) for a period of seven (7) consecutive Trading Days (the “Measuring Period”), (ii) no Equity Conditions Failure shall have occurred, and (iii) the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the applicable Eligible Market for each Trading Day during the Measuring Period exceeds one hundred million dollars ($10 million 100,000,000) per day, then the Company shall have the right to purchase all, or any part, of then-remaining portion of this Warrant from the Holder as set forth below (a “Company Redemption”). The Company may exercise its right to purchase the entire then-remaining portion of this Warrant under this Section 18 21 by delivering (provided that all of the conditions set forth in clauses (i) through (iii) above are then satisfied), on the first (1st) Trading Day immediately following the satisfaction of all the conditions set forth in clauses (i) through (iii) above, a written notice thereof to the Holder (the “Redemption Notice” and the date the Holder receives such notice by facsimile electronic mail is referred to as the “Redemption Notice Date”). The Company shall only be permitted to submit one Redemption Notice to the Holder pursuant to this Section 1821. The Redemption Notice shall be irrevocable. The Redemption Notice shall (A) state the Trading Day selected for the Company Redemption in accordance with this Section 1821, which Trading Day shall be at least five (5) Trading Days but not more than twenty (20) Trading Days following the Redemption Notice Date (the “Redemption Date”), (B) contain a certification from the Chief Executive Officer of the Company that there has been no Equity Conditions Failure and (C) contain a certification from the Chief Executive Officer of the Company that the Company has simultaneously taken the same action with respect to all of the Warrants (as defined in the Securities Purchase Agreement) that are then eligible to be purchased by the Company. On the Redemption Date, the Company shall pay an amount equal to the product of (x) the number of Warrant Shares then issuable upon exercise of this Warrant (without regard to any limitations of exercise set forth herein) and (y) $0.001 (the “Redemption Price”) to the Holder on the Redemption Date by wire transfer of immediately available funds to an account specified by the Holder. Notwithstanding anything contained in this Section 18 21 to the contrary, if (x) any shares of Common Stock trade for a price less than the Trigger Price on any day Trading Day during the period commencing on the Redemption Notice Date and ending on the Trading Day immediately preceding the Redemption Date; (y) the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the applicable Eligible Market on any day Trading Day during the period commencing on the Redemption Notice Date and ending on the Trading Day immediately preceding the Redemption Date is less than $10 2 million; or (z) an Equity Conditions Failure occurs on any day during the period commencing on the Redemption Notice Date and ending on the Redemption Date which has not been waived by the Holder, then, in any case, the applicable Redemption Notice delivered to the Holder shall be null and void ab initio and the Company Redemption shall not occur. If the Company elects to cause a Company Redemption of this Warrant pursuant to this Section 1821, then it must simultaneously take the same action with respect to all of the other Warrants that are then eligible to be purchased in the same proportion as the Company Redemption of this Warrant. Notwithstanding the foregoing, the Holder may exercise all or any portion of this Warrant at any time and from time to time after the Redemption Notice Date until the Holder’s receipt of the Redemption Price from the Company and any such exercise of this Warrant shall proportionally reduce the Redemption Price.

Company Optional Redemption. If at any time after the date hereof, (i) the Closing Bid Price of the Common Stock is equal to or greater than $40.85 36.25 per share (as adjusted for stock splits, stock combinations and the like occurring from and after the Issuance Date) (the “Trigger Price”) for a period of seven (7) consecutive Trading Days (the “Measuring Period”), (ii) no Equity Conditions Failure shall have occurred, and (iii) the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the applicable Eligible Market for each Trading Day during the Measuring Period exceeds $10 2 million per day, then the Company shall have the right to purchase all, or any part, of then-remaining portion of this Warrant from the Holder as set forth below (a “Company Redemption”). The Company may exercise its right to purchase the entire then-remaining portion of this Warrant under this Section 18 21 by delivering (provided that all of the conditions set forth in clauses (i) through (iii) above are then satisfied), on the first (1st) Trading Day immediately following the satisfaction of all the conditions set forth in clauses (i) through (iii) above, a written notice thereof to the Holder (the “Redemption Notice” and the date the Holder receives such notice by facsimile electronic mail is referred to as the “Redemption Notice Date”). The Company shall only be permitted to submit one Redemption Notice to the Holder pursuant to this Section 1821. The Redemption Notice shall be irrevocable. The Redemption Notice shall (A) state the Trading Day selected for the Company Redemption in accordance with this Section 1821, which Trading Day shall be at least five (5) Trading Days but not more than twenty (20) Trading Days following the Redemption Notice Date (the “Redemption Date”), (B) contain a certification from the Chief Executive Officer of the Company that there has been no Equity Conditions Failure and (C) contain a certification from the Chief Executive Officer of the Company that the Company has simultaneously taken the same action with respect to all of the Warrants (as defined in the Securities Purchase Agreement) that are then eligible to be purchased by the Company. On the Redemption Date, the Company shall pay an amount equal to the product of (x) the number of Warrant Shares then issuable upon exercise of this Warrant (without regard to any limitations of exercise set forth herein) and (y) $0.001 (the “Redemption Price”) to the Holder on the Redemption Date by wire transfer of immediately available funds to an account specified by the Holder. Notwithstanding anything contained in this Section 18 21 to the contrary, if (x) any shares of Common Stock trade for a price less than the Trigger Price on any day Trading Day during the period commencing on the Redemption Notice Date and ending on the Trading Day immediately preceding the Redemption Date; (y) the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the applicable Eligible Market on any day Trading Day during the period commencing on the Redemption Notice Date and ending on the Trading Day immediately preceding the Redemption Date is less than $10 2 million; or (z) an Equity Conditions Failure occurs on any day during the period commencing on the Redemption Notice Date and ending on the Redemption Date which has not been waived by the Holder, then, in any case, the applicable Redemption Notice delivered to the Holder shall be null and void ab initio and the Company Redemption shall not occur. If the Company elects to cause a Company Redemption of this Warrant pursuant to this Section 1821, then it must simultaneously take the same action with respect to all of the other Warrants that are then eligible to be purchased in the same proportion as the Company Redemption of this Warrant. Notwithstanding the foregoing, the Holder may exercise all or any portion of this Warrant at any time and from time to time after the Redemption Notice Date until the Holder’s receipt of the Redemption Price from the Company and any such exercise of this Warrant shall proportionally reduce the Redemption Price.

Company Optional Redemption. If at any time after the date hereof, (i) the Closing Bid Price of the Common Stock is equal to or greater than $40.85 1.75 per share (as adjusted for stock splits, stock combinations and the like occurring from and after the Issuance Date) (the “Trigger Price”) for a period of seven thirty (730) consecutive Trading Days following the applicable date of determination (the thirty (30) consecutive Trading Days on which the condition in this clause (i) is satisfied are referred to herein as the “Measuring Period”), (ii) no Equity Conditions Failure shall have occurred, and (iii) the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the applicable Eligible Market for each Trading Day during the Measuring Period exceeds $10 million 225,000 per dayday (the foregoing conditions in clause (i) through (iii) above, collectively, the “Redemption Conditions”), then the Company shall have the right to purchase all, or any part, of the entire then-remaining portion of this Warrant from the Holder as set forth below (a “Company Redemption”). The Company may exercise its right to purchase the entire then-remaining portion of this Warrant under this Section 18 17 by delivering (provided that all of the conditions set forth in clauses (i) through (iii) above Redemption Conditions are then satisfied), on the first (1st) Trading Day immediately following the satisfaction of all the conditions set forth in clauses (i) through (iii) aboveRedemption Conditions, a written notice thereof by via e-mail to the Holder (the “Redemption Notice” and the date the Holder receives such notice by facsimile is referred to as the “Redemption Notice Date”). The Company shall only be permitted to submit one Redemption Notice to the Holder pursuant to this Section 18. The Redemption Notice shall be irrevocable. The Redemption Notice shall (A1) state the Trading Day selected for the Company Redemption in accordance with this Section 1817, which Trading Day shall be at least five twenty (520) Trading Days but not more than twenty sixty (2060) Trading Days following the Redemption Notice Date (the “Redemption Date”), (B2) contain a certification from the Chief Executive Officer of the Company that there has been no Equity Conditions Failure and (C3) contain a certification from the Chief Executive Officer of the Company that the Company has simultaneously taken the same action with respect to all of the Other Warrants (as defined in the Securities Purchase Agreement) that are then eligible to be purchased by the Company. On the Redemption Date, the Company shall pay an amount equal to the product of (x) the number of Warrant Shares then issuable upon exercise of $0.01 for this Warrant (without regard to any limitations of exercise set forth herein) and (y) $0.001 (the “Redemption Price”) to the Holder on the Redemption Date by wire transfer of immediately available funds to an account specified by the Holder. Notwithstanding anything contained in this Section 18 17 to the contrary, if (xI) any shares of Common Stock trade for a price less than the Trigger Price on any day Trading Day during the period commencing on the Redemption Notice Date and ending on the Trading Day immediately preceding the Redemption Date; (yII) the aggregate dollar trading volume (as reported on Bloomberg) of the Common Stock on the applicable Eligible Market on any day Trading Day during the period commencing on the Redemption Notice Date and ending on the Trading Day immediately preceding the Redemption Date is less than $10 million225,000; or (zIII) an Equity Conditions Failure occurs on any day during the period commencing on the Redemption Notice Date and ending on the Redemption Date which has not been waived in writing by the Holder, then, in any case, the applicable Redemption Notice delivered to the Holder shall be null and void ab initio and the Company Redemption shall not occur. If the Company elects to cause a Company Redemption of the entire then-remaining portion of this Warrant pursuant to this Section 1817, then it must simultaneously take the same action with respect to all of the other Other Warrants that are then eligible to be purchased in the same proportion as the Company Redemption of this Warrantpurchased. Notwithstanding the foregoing, the Holder may exercise all or any portion of this Warrant at any time and from time to time after the Redemption Notice Date until the Holder’s receipt of the Redemption Price from the Company and any such exercise of this Warrant shall proportionally not reduce the Redemption Price.