Common use of Early Expiration Clause in Contracts

Early Expiration. In the event that following the one ---------------- hundred eightieth-day anniversary of the Issue Date, the Closing Bid Price (as defined in the Securities Purchase Agreement) of the Common Stock during any period of ten (10) consecutive Trading Days is equal to or greater than $7.50 (subject to adjustment as provided herein) (an "Expiration Trigger Event"), the ------------------------ Company may deliver to the Holder, within five (5) business days following the occurrence of an Expiration Trigger Event, and as long as each of the Resale Conditions (as defined below) have been satisfied, a written notice to such effect (a "Expiration Notice") and this Warrant shall expire on the date (the ----------------- "Early Expiration Date") which is thirty (30) Trading Days following the --------------------- business day on which such Expiration Notice is delivered to the Holder, provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (30) Trading Days as a result of the limitations set forth in Section 4 hereof, then with respect to the portion of the Warrant that can not be so exercised, the Early Expiration Date shall be extended until twenty (20) Business Days after such portion of the Warrant can be exercised in its entirety. The "Resale Conditions" are as follows: (I) either ----------------- (A) the Registration Statement (as defined in the Registration Rights Agreement between the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective and, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration ---------------- Period"), has been available for the resale of (i) all of the Warrant Shares ------ into which this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of 129 the Preferred Shares (each as defined in the Series C-1 Preferred Stock Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day of the Early Expiration Period, such Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (II) no Mandatory Redemption Event (as defined in the Series C-1 Preferred Stock Articles of Amendment) (or an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is continuing at any time during the Early Expiration Period. Notwithstanding the foregoing, the Holder may exercise all or any part of this Warrant at the then effective Exercise Price by delivering an Exercise Notice to the Company at any time prior to the Early Expiration Date.

Early Expiration. In the event that following the one Effective Date ---------------- hundred eightieth-day anniversary of the Issue DateRegistration Statement filed pursuant to Section 4.6.3 of the Exchange Agreement, the Closing Bid Price (as defined in the Securities Purchase Agreementherein) of the Common Stock during any period of ten five (105) consecutive Trading Days is equal to or greater than $7.50 2.00 (subject to adjustment as provided herein) (an the "First Expiration Trigger ------------------------ Event") or is equal to or greater than $3.00 (subject to adjustment as provided ----- herein) (the "Second Expiration Trigger Event"), the ------------------------ Company may deliver to the Holder, within five (5) business days following ------------------------------- Holder at any time that the occurrence Closing Bid Price equals or exceeds $2.00 in the case of an the First Expiration Trigger Event or $3.00 in the case of the Second Expiration Trigger Event, and as long as each of the Resale Conditions (as defined below) have been satisfied, a written notice to such effect (a the "Early Expiration Notice") that ----------------------- the Warrant shall expire for up to an aggregate of one-third (1/3 rd) of the Initial Shares for each of the First Expiration Trigger Event and Second Expiration Trigger Event. In the event that the Company delivers to the Holder an Early Expiration Notice in accordance with the foregoing, this Warrant shall expire with respect to the number of shares indicated in the Early Expiration Notice on the date (the ----------------- "Early Expiration Date") which is thirty (30) Trading Business --------------------- Days following the --------------------- business day Business Day on which such Early Expiration Notice is delivered to the Holder, provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (30) Trading Days as a result . The Company may give more than one Early Expiration Notice with respect to each of the limitations set forth in Section 4 hereofFirst Expiration Trigger Event and Second Expiration Trigger Event so long as the aggregate number of shares subject to all such notices for each of the First and Second Expiration Trigger Events does not exceed one-third (1/3 rd) of the Initial Shares. The "Closing Bid Price" ----------------- shall mean, then with respect to the portion Common Stock, the Closing Bid Price for the Common Stock occurring on a given Trading Day on the principal securities exchange or trading market where such security is listed or traded as reported by Bloomberg Financial Markets ("Bloomberg") or, if Bloomberg is not then reporting such prices, by a comparable reporting service of national reputation selected by the Company or if the foregoing does not apply, the last reported bid price of such security in the over-the-counter market on the electronic bulletin board for such security as reported by Bloomberg or, if no bid price is reported for such security by Bloomberg, the average of the Warrant that can not be so exercised, the Early Expiration Date shall be extended until twenty (20) Business Days after bid prices of all market makers for such portion of the Warrant can be exercised in its entirety. The "Resale Conditions" are security as follows: (I) either ----------------- (A) the Registration Statement (as defined reported in the Registration Rights Agreement between "pink sheets" by the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective andNational Quotation Bureau, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration ---------------- Period"), has been available for the resale of (i) all of the Warrant Shares ------ into which this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of 129 the Preferred Shares (each as defined in the Series C-1 Preferred Stock Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day of the Early Expiration Period, such Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (II) no Mandatory Redemption Event (as defined in the Series C-1 Preferred Stock Articles of Amendment) (or an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is continuing at any time during the Early Expiration Period. Notwithstanding the foregoing, the Holder may exercise all or any part of this Warrant at the then effective Exercise Price by delivering an Exercise Notice to the Company at any time prior to the Early Expiration Date.Inc.

Early Expiration. In the event that either (A) following the one ---------------- hundred eightiethone-day year anniversary of the Issue Date, the Closing Bid Market Price (as defined in the Securities Purchase AgreementArticles of Amendment) of the Common Stock during any period of ten twenty (1020) consecutive Trading Days is greater than 2.02 times the Initial Conversion Price (subject to adjustment as provided herein), or (B) following the date on which the Company completes a firm-commitment underwritten public offering of its Common Stock, the Market Price (as defined in the Articles of Amendment) of the Common Stock during any period of twenty (20) consecutive Trading Days is equal to or greater than $7.50 2.02 times the Initial Conversion Price (subject to adjustment as provided hereinherein)(either of (A) or (B) being referred to herein as an "Expiration Trigger Event"), the ------------------------ Company may deliver to the Holder, within five (5) business days following the occurrence of an Expiration Trigger Event, and as long as each of the Resale Conditions (as defined below) have been satisfied, a written notice to such effect (a "Expiration Notice") and this Warrant shall expire on the date (the ----------------- "Early Expiration Date") which is thirty fifteen (3015) Trading Days following the --------------------- business day on which such Expiration Notice is delivered to the Holder, provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (30) Trading Days as a result of the limitations set forth in Section 4 hereof, then with respect to the portion of the Warrant that can not be so exercised, the Early Expiration Date shall be extended until twenty (20) Business Days after such portion of the Warrant can be exercised in its entirety. The "Resale Conditions" are as follows: (I) either ----------------- (A) the Registration Statement (as defined in the Registration Rights Agreement between the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective and, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration ---------------- Period"), has been available for the resale of (i) all of the Warrant Shares ------ into which this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of 129 the Preferred Shares (each as defined in the Series C-1 Preferred Stock Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day of the Early Expiration Period, such Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (II) no Mandatory Redemption Event (as defined in the Series C-1 Preferred Stock Articles of Amendment) (or an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is continuing at any time during the Early Expiration Period. Notwithstanding the foregoing, the Holder may exercise all or any part of this Warrant at the then effective Exercise Price by delivering an Exercise Notice to the Company at any time prior to the Early Expiration Date.

Early Expiration. In the event that following the one Effective Date ---------------- hundred eightieth-day anniversary of the Issue DateRegistration statement (as defined in the Registration Rights Agreement), the Closing Bid Price (as defined herein) of the Common Stock during any period of five (5) consecutive Trading Days (as defined in the Securities Purchase Agreement) of the Common Stock during any period of ten (10) consecutive Trading Days is equal to or greater than $7.50 2.00 (subject to adjustment as provided herein) (an the "First Expiration Trigger Event") or is equal to or greater than ------------------------------ $3.00 (subject to adjustment as provided herein) (the "Second Expiration Trigger ------------------------- Event"), the ------------------------ Company may deliver to the Holder, within five (5) business days following Holder at any time that the occurrence Closing Bid ----- Price equals or exceeds $2.00 in the case of an the First Expiration Trigger Event or $3.00 in the case of the Second Expiration Trigger Event, and as long as each of the Resale Conditions (as defined below) have been satisfied, a written notice to such effect (a the "Early Expiration Notice") that the Warrant shall expire for up to an aggregate ----------------------- of one-third (1/3 rd) of the Initial Shares for each of the First Expiration Trigger Event and Second Expiration Trigger Event. In the event that the Company delivers to the Holder an Early Expiration Notice in accordance with the foregoing, this Warrant shall expire with respect to the number of shares indicated in the Early Expiration Notice on the date (the ----------------- "Early Expiration ---------------- Date") which is thirty (30) Trading Business Days following the --------------------- business day Business Day on which ---- such Early Expiration Notice is delivered to the Holder, provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (30) Trading Days as a result . The Company may give more than one Early Expiration Notice with respect to each of the limitations set forth in Section 4 hereofFirst Expiration Trigger Event and Second Expiration Trigger Event so long as the aggregate number of shares subject to all such notices for each of the First and Second Expiration Trigger Events does not exceed one-third (1/3 rd) of the Initial Shares. The "Closing Bid Price" shall mean, then with respect to the portion Common ----------------- Stock, the Closing Bid Price for the Common Stock occurring on a given Trading Day on the principal securities exchange or trading market where such security is listed or traded as reported by Bloomberg Financial Markets ("Bloomberg") or, if Bloomberg is not then reporting such prices, by a comparable reporting service of national reputation selected by the Company or if the foregoing does not apply, the last reported bid price of such security in the over- the-counter market on the electronic bulletin board for such security as reported by Bloomberg or, if no bid price is reported for such security by Bloomberg, the average of the Warrant that can not be so exercised, the Early Expiration Date shall be extended until twenty (20) Business Days after bid prices of all market makers for such portion of the Warrant can be exercised in its entirety. The "Resale Conditions" are security as follows: (I) either ----------------- (A) the Registration Statement (as defined reported in the Registration Rights Agreement between "pink sheets" by the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective andNational Quotation Bureau, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration ---------------- Period"), has been available for the resale of (i) all of the Warrant Shares ------ into which this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of 129 the Preferred Shares (each as defined in the Series C-1 Preferred Stock Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day of the Early Expiration Period, such Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (II) no Mandatory Redemption Event (as defined in the Series C-1 Preferred Stock Articles of Amendment) (or an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is continuing at any time during the Early Expiration Period. Notwithstanding the foregoing, the Holder may exercise all or any part of this Warrant at the then effective Exercise Price by delivering an Exercise Notice to the Company at any time prior to the Early Expiration Date.Inc.

Early Expiration. In the event that following the one hundred ---------------- hundred eightieth-day anniversary of the Issue Date, the Closing Bid Price (as defined in the Securities Purchase Agreement) of the Common Stock during any period of ten (10) consecutive Trading Days is equal to or greater than $7.50 _________ (subject to adjustment as provided herein) (an "Expiration Trigger Event"), the ------------------------ Company may deliver to the Holder, within five (5) business days following the occurrence of an Expiration Trigger Event, and as long as each of the Resale Conditions (as defined below) have been satisfied, a written notice to such effect (a "Expiration Notice") and this Warrant shall expire on the date (the ----------------- "Early Expiration Date") which is thirty (30) Trading Days following the --------------------- business day on which such Expiration Notice is delivered to the Holder, provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (30) Trading Days as a result of the limitations set forth in Section 4 hereof, then with respect to the portion of the Warrant that can not be so exercised, the Early Expiration Date shall be extended until twenty (20) Business Days after such portion of the Warrant can be exercised in its entirety. The "Resale Conditions" are as follows: (I) either ----------------- (A) the Registration Statement (as defined in the Registration Rights Agreement between the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective and, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration ---------------- Period"), has been available for the resale of (i) all of the Warrant Shares ------ into which this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of 129 the Preferred Shares (each as defined in the Series C-1 C-2 Preferred Stock Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day of the Early Expiration Period, such Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (II) no Mandatory Redemption Event (as defined in the Series C-1 C-2 Preferred Stock Articles of Amendment) (or an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is continuing at any time during the Early Expiration Period. Notwithstanding the foregoing, the Holder may exercise all or any part of this Warrant at the then effective Exercise Price by delivering an Exercise Notice to the Company at any time prior to the Early Expiration Date.

Early Expiration. In the event that following the one hundred ---------------- hundred eightieth-day anniversary of the Issue Date, the Closing Bid Price (as defined in the Securities Purchase Agreement) of the Common Stock during any period of ten (10) consecutive Trading Days is equal to or greater than $7.50 (subject to adjustment as provided herein) (an "Expiration Trigger Event"), the ------------------------ Company may ------------------------ deliver to the Holder, within five (5) business days following the occurrence of an Expiration Trigger Event, and as long as each of the Resale Conditions (as defined below) have been satisfied, a written notice to such effect (a "Expiration Notice") and this Warrant shall expire on the date (the ----------------- "Early ----------------- ----- Expiration Date") which is thirty (30) Trading Days following the --------------------- business day --------------- on which such Expiration Notice is delivered to the Holder, provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (30) Trading Days as a result of the limitations set forth in Section 4 hereof, then with respect to the portion of the Warrant that can not be so exercised, the Early Expiration Date shall be extended until twenty (20) Business Days after such portion of the Warrant can be exercised in its entirety. The "Resale Conditions" are as follows: (I) either ----------------- (A) the ----------------- Registration Statement (as defined in the Registration Rights Agreement between the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective and, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration ---------------- Period"), ----------------------- has been available for the resale of (i) all of the Warrant Shares ------ into which this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of 129 the Preferred Shares (each as defined in the Series C-1 Preferred Stock Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day of the Early Expiration Period, such Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (II) no Mandatory Redemption Event (as defined in the Series C-1 Preferred Stock Articles of Amendment) (or an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is continuing at any time during the Early Expiration Period. Notwithstanding the foregoing, the Holder may exercise all or any part of this Warrant at the then effective Exercise Price by delivering an Exercise Notice to the Company at any time prior to the Early Expiration Date.