Common use of Date of Issuance and Term Clause in Contracts

Date of Issuance and Term. This Warrant shall be deemed to be issued on March 17, 2000 ("Date of Issuance"). The term of this Warrant is five (5) years from the Date of Issuance. Of this Warrant to purchase three hundred twelve thousand five hundred (312,500) shares of Common Stock of the Company, the Warrant is exercisable as to one hundred twelve thousand five hundred (112,500) shares of Common Stock of the Company after the ten (10) business day document review period, as the same may be extended by mutual consent, in writing, of the Company and the Holder (the "Review Period") referenced in the Equity Line Letter of Agreement dated on or about March 17, 2000, between Holder and Company (the "Letter of Agreement") has ended, shall be further exercisable as to the an additional one hundred twelve thousand five hundred (112, 500) shares of Common Stock of the Company upon the execution of all Closing Documents (as defined in the Letter of Agreement) and shall be further exercisable as to the remaining eighty seven thousand five hundred (87, 500) shares of Common Stock of the Company upon the earlier of (i) the date of effectiveness of Company's registration statement (the "Registration Statement") to be filed pursuant to the Closing Documents, or (ii) September 17, 2000. Anything in this Warrant to the contrary notwithstanding, if the Company delivers written notice to Xxxxxx Private Equity, LLC prior to the expiration of the Review Period that the legal documents and terms and conditions contained therein for the transaction are unacceptable and the Company wishes to terminate the transaction, Holder shall return this Warrant to the Company and all of Holder's rights under this Warrant shall be null and void and of no effect.

Date of Issuance and Term. This Warrant shall be deemed to be issued on March 17, 2000 ("Date of Issuance"). The term of this Warrant is five (5) years from the Date of Issuance. Of this Warrant to purchase three hundred twelve thousand five hundred (312,500312, 500) shares of Common Stock of the Company, the Warrant is exercisable as to one hundred twelve thousand five hundred (112,500) shares of Common Stock of the Company after the ten (10) business day document review period, as the same may be extended by mutual consent, in writing, of the Company and the Holder (the "Review Period") referenced in the Equity Line Letter of Agreement dated on or about March 17, 2000, between Holder and Company (the "Letter of Agreement") has ended, shall be further exercisable as to the an additional one hundred twelve thousand five hundred (112, 500112,500) shares of Common Stock of the Company upon the execution of all Closing Documents (as defined in the Letter of Agreement) and shall be further exercisable as to the remaining eighty seven thousand five hundred (87, 50087,500) shares of Common Stock of the Company upon the earlier of (i) the date of effectiveness of Company's registration statement (the "Registration Statement") to be filed pursuant to the Closing Documents, or (ii) September 17, 2000. Anything in this Warrant to the contrary notwithstanding, if the Company delivers written notice to Xxxxxx Private Equity, LLC prior to the expiration of the Review Period that the legal documents and terms and conditions contained therein for the transaction are unacceptable and the Company wishes to terminate the transaction, Holder shall return this Warrant to the Company and all of Holder's rights under this Warrant shall be null and void and of no effect.

Date of Issuance and Term. This Warrant shall be deemed to be issued on March 17December 13, 2000 1999 ("Date of Issuance"). The term of this Warrant is five (5) years from the Date of Issuance. Of this Warrant to purchase three four hundred twelve ninety five thousand five hundred (312,500495,000) shares of Common Stock of the Company, the Warrant is exercisable as to one hundred twelve sixty-five thousand five hundred (112,500165,000) shares of Common Stock of the Company after the ten (10) business day document review period, as the same may be extended by mutual consent, in writing, consent of the Company and the Holder (the "Review Period") referenced in the Equity Line Letter of Agreement dated on or about March 17December 13, 20001999, between Holder and Company (the "Letter of Agreement") has ended, shall be further exercisable as to the an additional one hundred twelve sixty-five thousand five hundred (112, 500165,000) shares of Common Stock of the Company upon the execution of all Closing Documents (as defined in the Letter of Agreement) and shall be further exercisable as to the remaining eighty seven one hundred sixty-five thousand five hundred (87, 500165,000) shares of Common Stock of the Company upon the earlier sooner of (i) the date that is six (6) months from December 13, 1999 or (ii) the date of the effectiveness of Company's registration statement (the "Registration Statement") to be filed pursuant to the Closing Documents, or (ii) September 17, 2000. Anything in this Warrant to the contrary notwithstanding, if the Company delivers written notice to Xxxxxx Private Swarxx Xxxvate Equity, LLC prior to the expiration of the Review Period that the legal documents and terms and conditions contained therein for the transaction are unacceptable and the Company wishes to terminate the transaction, Holder shall return this Warrant to the Company and all of Holder's rights under this Warrant shall be null and void and of no effect.

Date of Issuance and Term. This Warrant shall be deemed to be issued on March 176, 2000 ("Date of Issuance"). The term of this Warrant is five (5) years from the Date of Issuance. Of this Warrant to purchase three hundred twelve thousand five hundred one million (312,5001,000,000) shares of Common Stock of the Company, the Warrant is exercisable as to one two hundred twelve fifty thousand five hundred (112,500250,000) shares of Common Stock of the Company after the ten (10) business day document review period, as unless the same may be extended by mutual consent, in writing, of the Company and the Holder (the "Review Period") referenced in the Equity Line Letter of Agreement dated on or about March 176, 2000, between Holder and Company (the "Letter of Agreement") has ended, shall be further exercisable as to the an additional one hundred twelve thousand five hundred thousand (112, 500500,000) shares of Common Stock of the Company upon the execution of all Closing Documents (as defined in the Letter of Agreement) and shall be further exercisable as to the remaining eighty seven two hundred fifty thousand five hundred (87, 500250,000) shares of Common Stock of the Company upon the earlier of (i) the date of effectiveness of Company's registration statement (the "Registration Statement") to be filed pursuant to the Closing Documents, or (ii) September 17, 2000the date that is six (6) months from date of the Letter of Agreement. Anything in this Warrant to the contrary notwithstanding, if the Company delivers written notice to Xxxxxx Private Equity, LLC prior to the expiration of the Review Period that the legal documents and terms and conditions contained therein for the transaction are unacceptable and the Company wishes to terminate the transaction, Holder shall return this Warrant to the Company and all of Holder's rights under this Warrant shall be null and void and of no effect.

Date of Issuance and Term. This Warrant shall be deemed to be issued on March 17October 4, 2000 1999 ("Date of Issuance"). The term of this Warrant is five (5) years from the Date of Issuance. Of this Warrant to purchase three four hundred twelve and ninety thousand five hundred (312,500490,000) shares of Common Stock of the Company, the Warrant is exercisable as to one two hundred twelve and fifty thousand five hundred (112,500250,000) shares of Common Stock of the Company after the ten (10) business day document review period, as the same may be extended by mutual consent, in writing, consent of the Company and the Holder (the "Review Period") referenced in the Equity Line Letter of Agreement dated on or about March 17September 29, 20001999, between Holder and Company (the "Letter of Agreement") has ended, shall be further exercisable as to the an additional one hundred twelve and twenty thousand five hundred (112, 500120,000) shares of Common Stock of the Company upon the execution of all Closing Documents (as defined in the Letter of Agreement) and shall be further exercisable as to the remaining eighty seven one hundred and twenty thousand five hundred (87, 500120,000) shares of Common Stock of the Company upon the earlier of (i) the date of effectiveness of Company's registration statement (the "Registration Statement") to be filed pursuant to the Closing Documents, or (ii) September 17, 2000. Anything in this Warrant to the contrary notwithstanding, if the Company delivers written notice to Xxxxxx Private Equity, LLC prior to the expiration of the Review Period that the legal documents and terms and conditions contained therein for the transaction are unacceptable and the Company wishes to terminate the transaction, Holder shall return this Warrant to the Company and all of Holder's rights under this Warrant shall be null and void and of no effect.

Date of Issuance and Term. This Warrant shall be deemed to be issued on March 17January 27, 2000 ("Date of Issuance"). The term of this Warrant is five (5) years from the Date of Issuance. Of this This Warrant to purchase three hundred twelve thousand five hundred (312,500) is exercisable into shares of Common Stock (the "Warrant Shares") as follows: (i) one hundred thousand (100,000) of the Company, the Warrant is exercisable as to one hundred twelve thousand five hundred (112,500) shares of Common Stock of the Company Shares after the ten (10) business day document review period, as the same may be extended by mutual consent, in writing, of the Company and the Holder period (the "Review Period") referenced in the Equity Line Letter of Agreement dated on or about March 17January 10, 2000, between Holder and the Company (the "Letter of Agreement") has ended, shall be further exercisable as to the ; (ii) an additional one hundred twelve seventy-five thousand five hundred (112, 50075,000) shares of Common Stock of the Company Warrant Shares upon the execution of all Closing Documents (as defined in the Letter of Agreement); and (iii) and shall be further exercisable as to the remaining eighty seven seventy-five thousand five hundred (87, 50075,000) shares Warrant Shares upon the sooner of Common Stock (a) the date that is 6 months from the date of the Company upon the earlier Letter of Agreement or (ib) the date of effectiveness of the Company's registration statement (the "Registration Statement") to be filed pursuant to the Closing Documents, or (ii) September 17, 2000. Anything in this Warrant to the contrary notwithstanding, if the Company delivers written notice to Xxxxxx Private Equity, LLC Holder prior to the expiration of the Review Period that the legal documents and terms and conditions contained therein for the transaction Closing Documents are unacceptable and the Company wishes to terminate the transaction, then Holder shall return this Warrant to the Company and all of Holder's rights under this Warrant shall be null and void and of no effect.

Date of Issuance and Term. This Warrant shall be deemed to be issued on March 17April 14, 2000 ("“Date of Issuance"”). The term of this Warrant is five (5) years from the Date of Issuance. Of this Warrant to purchase three two hundred twelve forty five thousand five hundred (312,500245,000) shares of Common Stock of the Company, the Warrant is exercisable as to one hundred twelve twenty two thousand five hundred (112,500122,500) shares of Common Stock of the Company after the ten (10) business day document review period, as the same may be extended by mutual consent, in writing, of the Company and the Holder (the "“Review Period"”) referenced in the Equity Line Letter of Agreement dated on or about March 17April 14, 2000, between Holder and Company (the "“Letter of Agreement"”) has ended, shall be further exercisable as to the an additional one hundred twelve thousand five hundred (112, 500) shares of Common Stock of the Company upon the execution of all Closing Documents (as defined in the Letter of Agreement) and shall be further exercisable as to the remaining eighty seven one hundred twenty two thousand five hundred (87, 500122,500) shares of Common Stock of the Company upon the earlier of (i) the date of effectiveness of Company's ’s registration statement (the "“Registration Statement"”) to be filed pursuant to the Closing Documents, or (ii) September 17October 14, 2000. Anything in this Warrant to the contrary notwithstanding, if the Company delivers written notice to Xxxxxx Private Equity, LLC prior to the expiration of the Review Period that the legal documents and terms and conditions contained therein for the transaction are unacceptable and the Company wishes to terminate the transactiontransaction (a “Company Termination Notice”), Holder shall return this Warrant to the Company and all of Holder's ’s rights under this Warrant shall be null and void and of no effect, provided that, if the Company has not delivered a Company Termination Notice to Xxxxxx Private Equity, LLC, prior to the expiration of the Review Period, ownership of this Warrant shall irrevocably vest to the Holder, regardless of whether a Company Termination Notice is delivered anytime thereafter.