Common use of Conversion Shares / Warrant Shares Clause in Contracts

Conversion Shares / Warrant Shares. The Company has authorized and has reserved and covenants to continue to reserve, free of preemptive rights and other similar contractual rights of stockholders, a number of its authorized but unissued shares of Common Stock equal to one hundred twenty percent (120%) of (a) the aggregate number of shares of Common Stock to effect the conversion of the Notes and any interest accrued and outstanding thereon and exercise of the Warrants and (b) upon exercise of the Purchaser Option (as defined in Section 1.4 hereof), the aggregate number of shares of Common Stock to effect the conversion of the Option Notes (as defined in Section 1.4 hereof) and any interest accrued and outstanding thereon and exercise of the Additional Warrants (as defined in Section 1.4 hereof). Any shares of Common Stock issuable upon conversion of the Notes and the Option Notes and any interest accrued and outstanding on the Notes and the Option Notes are herein referred to as the “Conversion Shares”. Any shares of Common Stock issuable upon exercise of the Warrants (and such shares when issued) are herein referred to as the “Warrant Shares”. The Notes, the Option Notes, the Warrants, the Additional Warrants (as defined in Section 1.4 hereof), the Conversion Shares and the Warrant Shares are sometimes collectively referred to herein as the “Securities”.

Conversion Shares / Warrant Shares. The Company has authorized and has reserved and covenants to continue to reserve, free of preemptive rights and other similar contractual rights of stockholders, a number of its authorized but unissued shares of Common Stock equal to one hundred twenty percent (120%) of (a) the aggregate number of shares of Common Stock to effect the conversion of the Notes and any interest accrued and outstanding thereon and exercise of the Warrants and (b) upon exercise of the Purchaser Option (as defined in Section 1.4 hereof), the aggregate number of shares of Common Stock to effect the conversion of the Option Notes (as defined in Section 1.4 hereof) and any interest accrued and outstanding thereon and exercise of the Additional Warrants (as defined in Section 1.4 hereof). Any shares of Common Stock issuable upon conversion of the Notes and the Option Notes and any interest accrued and outstanding on the Notes and the Option Notes are herein referred to as the “"Conversion Shares”". Any shares of Common Stock issuable upon exercise of the Warrants (and such shares when issued) are herein referred to as the “"Warrant Shares”". The Notes, the Option Notes, the Warrants, the Additional Warrants (as defined in Section 1.4 hereof), the Conversion Shares and the Warrant Shares are sometimes collectively referred to herein as the “"Securities”".

Conversion Shares / Warrant Shares. The Company has authorized and has reserved and covenants to continue to reserve, free of preemptive rights and other similar contractual rights of stockholders, a number of its authorized but unissued shares of Common Stock equal to one hundred twenty percent (120%) of (a) the aggregate number of shares of Common Stock to effect the conversion of the Notes and any interest accrued and outstanding thereon and exercise of the Warrants and (b) upon exercise of the Purchaser Option (as defined in Section 1.4 hereof), the aggregate number of shares of Common Stock to effect the conversion of the Option Notes (as defined in Section 1.4 hereof) and any interest accrued and outstanding thereon and exercise of the Additional Warrants (as defined in Section 1.4 hereof). Any shares of Common Stock issuable upon conversion of the Notes and the Option Notes and any interest accrued and outstanding on the Notes and the Option Notes are herein referred to as the “Conversion Shares”. Any shares of Common Stock issuable upon exercise of the Warrants (and such shares when issued) are herein referred to as the “"Warrant Shares”". The Notes, the Option Notes, the Warrants, the Additional Warrants (as defined in Section 1.4 hereof), the Conversion Shares and the Warrant Shares are sometimes collectively referred to herein as the “"Securities”".

Conversion Shares / Warrant Shares. The Company has authorized and has reserved and covenants to continue to reserve, free of preemptive rights and other similar contractual rights of stockholders, a number of its authorized but unissued shares of Common Stock equal to one hundred twenty percent (120%) of (a) the aggregate number of shares of Common Stock to effect the conversion of the Notes and any interest accrued and outstanding thereon and exercise of the Warrants as of the Second Closing Date and (b) upon exercise of the Purchaser Option (as defined in Section 1.4 hereof), the aggregate number of shares of Common Stock to effect the conversion of the Option Notes (as defined in Section 1.4 hereof) and any interest accrued and outstanding thereon and exercise of the Additional Warrants (as defined in Section 1.4 hereof)) as of the Second Closing Date. Any shares of Common Stock issuable upon conversion of the Notes and the Option Notes and any interest accrued and outstanding on the Notes and the Option Notes are herein referred to as the “Conversion Shares”. Any shares of Common Stock issuable upon exercise of the Warrants (and such shares when issued) are herein referred to as the “"Warrant Shares”". The Notes, the Option Notes, the Warrants, the Additional Warrants (as defined in Section 1.4 hereof), the Conversion Shares and the Warrant Shares are sometimes collectively referred to herein as the “"Securities”".

Conversion Shares / Warrant Shares. The Company Company, as of the date hereof, has authorized and has reserved and covenants to continue to reservereserved, free and clear of preemptive rights and other similar contractual rights of stockholdersand other liens and encumbrances, a number of its authorized but unissued shares of Common Stock equal to one hundred twenty percent (120100%) of (a) the aggregate number of shares of Common Stock issuable upon exercise or conversion of the Securities to effect the conversion of the Notes and any interest other charges accrued and outstanding thereon and exercise of the Warrants and (b) upon exercise of Warrants, assuming no adjustment to the Purchaser Option (as defined in Section 1.4 hereof), the aggregate number of shares underlying the Notes and Warrants, and excluding shares of Common Stock that may from time to effect time be issued as Interest on the conversion of Notes and the Option PIK Notes (as defined in Section 1.4 hereof) and any interest accrued and outstanding thereon and exercise of the Additional Warrants (as defined in Section 1.4 hereofNotes). Any shares of Common Stock issuable upon conversion of the Notes and the Option Notes and any interest accrued and outstanding on the Notes and the Option Notes are herein referred to as the “Conversion Shares”. Any shares of Common Stock issuable upon exercise of the Warrants (and such shares when issued) are herein referred to as the “Warrant Shares”. The Notes, the Option Notes, the Warrants, the Additional Warrants (as defined in Section 1.4 hereof), the Conversion Shares and the Warrant Shares are sometimes collectively referred to herein as the “Securities”.

Conversion Shares / Warrant Shares. The Company hereby represents and warrants to the Purchasers that it has authorized and has reserved and and, it hereby covenants to continue to reserve, free of preemptive rights and other similar contractual rights of stockholders, a number of its authorized but unissued shares of Common Stock equal to one hundred twenty ten percent (120110%) of (a) the aggregate number of shares of Common Stock to effect the conversion of the Notes and any interest accrued and outstanding thereon and exercise one hundred percent (100%) of the Warrants and (b) upon exercise of the Purchaser Option (as defined in Section 1.4 hereof), the aggregate number of shares of Common Stock to effect the conversion of the Option Notes (as defined in Section 1.4 hereof) and any interest accrued and outstanding thereon and exercise of the Additional Warrants (as defined in Section 1.4 hereof)of the Closing Date. Any shares of Common Stock issuable upon conversion of the Notes and or the Option Notes and any interest accrued and outstanding on the Notes and the Option Notes Amended Vicis Note (as defined below), are herein referred to as the “Conversion Shares”. Any shares of Common Stock issuable upon exercise of the Warrants or the Amended Series A Warrant or Amended Series B Warrant (each as defined below), and such shares when issued) , are herein referred to as the “Warrant Shares”. The Notes, the Option NotesAmended Vicis Note, the Warrants, the Additional Warrants (as defined in Section 1.4 hereof)Amended Series A Warrant, the Amended Series B Warrant, the Conversion Shares Shares, and the Warrant Shares are sometimes collectively referred to herein as the “Securities”.