Common use of Exercise Price Multiple Clause in Contracts

Exercise Price Multiple. If Holder and any affiliates together would be regarded as beneficial owners (assuming conversion of all convertible securities held by Holder and such affiliates and exercise in full of all Warrants held by such Holder and affiliates, without giving effect to any Beneficial Ownership Limitation applicable to this Warrant or such convertible securities), of more than two percent (2.0%) of the outstanding shares of Common Stock of the Company as of the Issue Date (Holder, in such circumstances referred to as a “2% Holder”), then a Call Notice may be given by the Company only within five (5) Trading Days after any thirty (30) consecutive Trading Day period during which the VWAP of the Common Stock as reported for the Principal Market is not less than two hundred and fifty percent (250%) of the Exercise Price then in effect for twenty-five (25) out of such thirty (30) consecutive Trading Day period. If Holder is not a 2% Holder as of the Issue Date, then a Call Notice may be given by the Company only within ten (10) Trading Days after any twenty (20) consecutive Trading Day period during which the VWAP of the Common Stock as reported for the Principal Market is not less than two hundred and fifty percent (250%) of the Exercise Price in effective for ten (10) out of such twenty (20) consecutive Trading Day period.

Exercise Price Multiple. If Holder and any affiliates together would be regarded as beneficial owners (assuming conversion of all convertible securities held by Holder and such affiliates and exercise in full of all Warrants held by such Holder and affiliates, without giving effect to any Beneficial Ownership Limitation applicable to this Warrant or such convertible securities), of more than two percent (2.0%) of the outstanding shares of Common Stock of the Company as of the Issue Date (Holder, in such circumstances referred to as a “2% Holder”), then a Call Notice may be given by the Company only within five (5) Trading Days after any thirty (30) consecutive Trading Day period during which the VWAP of the Common Stock as reported for the Principal Market is not less than two hundred and fifty percent (250%) of the Exercise Price then in effect for twenty-five (25) out of such thirty (30) consecutive Trading Day period. If Holder is not a 2% Holder as of the Issue Date, then a Call Notice may be given by the Company only within ten (10) Trading Days after any twenty (20) consecutive Trading Day period during which the VWAP of the Common Stock as reported for the Principal Market is not less than two hundred and fifty percent (250%) of the Exercise Price in effective for ten (10) out of such twenty (20) consecutive Trading Day period.