Common use of Conversion Stock Clause in Contracts

Conversion Stock. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock and preferred stock, par value $.001 per share, solely for the purpose of effecting the conversion of shares of Series B Preferred Stock and Series C Preferred Stock and the issuance of Common Stock in respect of the Warrants and the GE Warrants, the full number of whole shares of Common Stock and Series D Preferred Stock then deliverable upon (a) the conversion of all shares of Series B Preferred Stock and Series C Preferred Stock then outstanding, (b) the issuance of Common Stock in respect of the Warrants and the GE Warrants, and (c) if any Series D Preferred Stock is then outstanding, the full number of whole shares of Common Stock then deliverable upon the conversion of all shares of Series D Preferred Stock then outstanding. The Company shall take at all times such corporate action as shall be necessary in order that the Company may validly and legally issue fully paid and non-assessable shares of Common Stock or Series D Preferred Stock (as the case may be) upon the conversion of shares of Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock and the exercise of the then outstanding Warrants and GE Warrants. If at any time the number of authorized but unissued shares of Common Stock or Series D Preferred Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock and the exercise of all the then outstanding Warrants and GE Warrants, in addition to such other remedies as shall be available to the holders of the Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock, the Company shall forthwith take such corporate action as may be necessary to increase its authorized but unissued shares of Common Stock or Series D Preferred Stock to such numbers of shares as shall be sufficient for such purpose, including but not limited to promtly calling and holding a meeting of the Company's stockholders, at which the Company's stockholders shall vote on a proposed amendment to the Certificate of Incorporation that would so increase the number of authorized shares of Common Stock or preferred stock, par value $.001 per share, as appropriate, a favorable vote for which amendment shall have been recommended to the Company's stockholders by the Board of Directors, pursuant to a duly and validly adopted resolution of the Board of Directors setting forth the amendment proposed and declaring its advisability, all in accordance with Section 242 of the Delaware General Corporation Law; and, in case of an increase in the number of authorized shares of such preferred stock, the Board of Directors shall promptly cause to become effective a certificate of increase pursuant to Section 151 of the Delaware General Corporation Law.

Conversion Stock. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock and preferred stock, par value $.001 per share, solely for the purpose of effecting the conversion of shares of Series B Preferred Stock and Series C Preferred Stock and the issuance of Common Stock in respect of the Warrants and the GE Warrants, the full number of whole shares of Common Stock and Series D Preferred Stock then deliverable upon (a) the conversion of all shares of Series B Preferred Stock and Series C Preferred Stock then outstanding, (b) the issuance of Common Stock in respect of the Warrants and the GE Warrants, and (c) if any Series D Preferred Stock is then outstanding, the full number of whole shares of Common Stock then deliverable upon the conversion of all shares of Series D Preferred Stock then outstanding. The Company shall take at all times such corporate action as shall be necessary in order that the Company may validly and legally issue fully paid and non-assessable shares of Common Stock or Series D Preferred Stock (as the case may be) upon the conversion of shares of Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock and the exercise of the then outstanding Warrants and GE Warrants. If at any time the number of authorized but unissued shares of Common Stock or Series D Preferred Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock and the exercise of all the then outstanding Warrants and GE Warrants, in addition to such other remedies as shall be available to the holders of the Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock, the Company shall forthwith take such corporate action as may be necessary to increase its authorized but unissued shares of Common Stock or Series D Preferred Stock to such numbers of shares as shall be sufficient for such purpose, including but not limited to promtly promptly calling and holding a meeting of the Company's stockholders, at which the Company's stockholders shall vote on a proposed amendment to the Certificate of Incorporation that would so increase the number of authorized shares of Common Stock or preferred stock, par value $.001 per share, as appropriate, a favorable vote for which amendment shall have been recommended to the Company's stockholders by the Board of Directors, pursuant to a duly and validly adopted resolution of the Board of Directors setting forth the amendment proposed and declaring its advisability, all in accordance with Section 242 of the Delaware General Corporation Law; and, in case of an increase in the number of authorized shares of such preferred stock, the Board of Directors shall promptly cause to become effective a certificate of increase pursuant to Section 151 of the Delaware General Corporation Law.

Conversion Stock. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock and preferred stock, par value $.001 per share, solely for the purpose of effecting the conversion of shares of Series B Preferred Stock and Series C Preferred Stock and the issuance of Common Stock in respect of the Warrants and the GE Carlyle Warrants, the full number of whole shares of Common Stock and Series D Preferred Stock then deliverable upon (a) the conversion of all shares of Series B Preferred Stock and Series C Preferred Stock then outstanding, (b) the issuance of Common Stock in respect of the Warrants and the GE Carlyle Warrants, and (c) if any Series D Preferred Stock is then outstanding, the full number of whole shares of Common Stock then deliverable upon the conversion of all shares of Series D Preferred Stock then outstanding. The Company shall take at all times such corporate action as shall be necessary in order that the Company may validly and legally issue fully paid and non-assessable shares of Common Stock or Series D Preferred Stock (as the case may be) upon the conversion of shares of Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock and the exercise of the then outstanding Warrants and GE Carlyle Warrants. If at any time the number of authorized but unissued shares of Common Stock or Series D Preferred Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock and the exercise of all the then outstanding Warrants and GE Carlyle Warrants, in addition to such other remedies as shall be available to the holders of the Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock, the Company shall forthwith take such corporate action as may be necessary to increase its authorized but unissued shares of Common Stock or Series D Preferred Stock to such numbers of shares as shall be sufficient for such purpose, including but not butnot limited to promtly promptly calling and holding a meeting of the Company's stockholders, at which the Company's stockholders shall vote on a proposed amendment to the Certificate of Incorporation that would so increase the number of authorized shares of Common Stock or preferred stock, par value $.001 per share, as appropriate, a favorable vote for which amendment shall have been recommended to the Company's stockholders by the Board of Directors, pursuant to a duly and validly adopted resolution of the Board of Directors setting forth the amendment proposed and declaring its advisability, all in accordance with Section 242 of the Delaware General Corporation Law; and, in case of an increase in the number of authorized shares shares, of such preferred stock, the Board of Directors shall promptly cause to become effective a certificate of increase pursuant to Section 151 of the Delaware General Corporation Law.

Conversion Stock. The Company shall at all times reserve and keep available out of its authorized but unissued shares of Common Stock and preferred stock, par value $.001 per share, solely for the purpose of effecting the conversion of shares of Series B Preferred Stock and Series C Preferred Stock and the issuance of Common Stock in respect of the Warrants and the GE Carlyle Warrants, the full number of whole shares of Common Stock and Series D Preferred Stock then deliverable upon (a) the conversion of all shares of Series B Preferred Stock and Series C Preferred Stock then outstanding, (b) the issuance of Common Stock in respect of the Warrants and the GE Carlyle Warrants, and (c) if any Series D Preferred Stock is then outstanding, the full number of whole shares of Common Stock then deliverable upon the conversion of all shares of Series D Preferred Stock then outstanding. The Company shall take at all times such corporate action as shall be necessary in order that the Company may validly and legally issue fully paid and non-assessable shares of Common Stock or Series D Preferred Stock (as the case may be) upon the conversion of shares of Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock and the exercise of the then outstanding Warrants and GE Carlyle Warrants. If at any time the number of authorized but unissued shares of Common Stock or Series D Preferred Stock shall not be sufficient to effect the conversion of all then outstanding shares of the Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock and the exercise of all the then outstanding Warrants and GE Carlyle Warrants, in addition to such other remedies as shall be available to the holders of the Series B Preferred Stock, Series C Preferred Stock, and Series D Preferred Stock, the Company shall forthwith take such corporate action as may be necessary to increase its authorized but unissued shares of Common Stock or Series D Preferred Stock to such numbers of shares as shall be sufficient for such purpose, including but not limited to promtly promptly calling and holding a meeting of the Company's stockholders, at which the Company's stockholders shall vote on a proposed amendment to the Certificate of Incorporation that would so increase the number of authorized shares of Common Stock or preferred stock, par value $.001 per share, as appropriate, a favorable vote for which amendment shall have been recommended to the Company's stockholders by the Board of Directors, pursuant to a duly and validly adopted resolution of the Board of Directors setting forth the amendment proposed and declaring its advisability, all in accordance with Section 242 of the Delaware General Corporation Law; and, in case of an increase in the number of authorized shares shares, of such preferred stock, the Board of Directors shall promptly cause to become effective a certificate of increase pursuant to Section 151 of the Delaware General Corporation Law.