Common use of GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK Clause in Contracts

GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 20,312 fully paid and non-assessable shares of the Company's Series D Preferred Stock ("Preferred Stock") at a purchase price of $8.00 per share (the "Exercise Price"). If and to the extent that the Company's Series D Preferred Stock has, pursuant to the provisions of the Company's Restated Articles of Incorporation in effect at the time (the "Restated Articles"), automatically converted into the Company's Common Stock ("Common Stock"), this Warrant Agreement shall thereafter automatically entitle the Warrantholder to purchase the number of shares of Common Stock into which the Series D Preferred Stock was then convertible, and references hereinafter to Preferred Stock shall be deemed, as appropriate, to thereafter mean such Common Stock. The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof.

GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 20,312 1,562 fully paid and non-assessable shares of the Company's Series D Preferred Stock ("Preferred Stock") at a purchase price of $8.00 per share (the "Exercise Price"). If and to the extent that the Company's Series D Preferred Stock has, pursuant to the provisions of the Company's Restated Articles of Incorporation in effect at the time (the "Restated Articles"), automatically converted into the Company's Common Stock ("Common Stock"), this Warrant Agreement shall thereafter automatically entitle the Warrantholder to purchase the number of shares of Common common Stock into which the Series D Preferred Stock was then convertible, and references hereinafter to Preferred Stock shall be deemed, as appropriate, to thereafter mean such Common Stock. The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof.

GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 20,312 10,714 fully paid and non-assessable shares of the Company's Series D E Preferred Stock ("Preferred Stock") at a purchase price of $8.00 2.10 per share (the "Exercise Price"). If and to the extent that the Company's Series D Preferred Stock has, pursuant to the provisions of the Company's Restated Articles of Incorporation in effect at the time (the "Restated Articles"), automatically converted into the Company's Common Stock ("Common Stock"), this Warrant Agreement shall thereafter automatically entitle the Warrantholder to purchase the number of shares of Common Stock into which the Series D Preferred Stock was then convertible, and references hereinafter to Preferred Stock shall be deemed, as appropriate, to thereafter mean such Common Stock. The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. Notwithstanding any provision(s) in this Warrant to the contrary, in the event that the outstanding shares of the Company's Series E Preferred Stock automatically covert into Common Stock pursuant to the provisions of Article III B., Section 4(a) of the Company's Articles of Incorporation, then this Warrant shall automatically convert into a warrant to purchase the number of shares of Common Stock as would have been issuable to the Warrantholder had this Warrant been exercised in full immediately prior to the automatic conversion of Series E Preferred Stock into Common Stock.

GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 20,312 17,857 fully paid and non-assessable shares of the Company's Series D E Preferred Stock ("Preferred Stock") at a purchase price of $8.00 2.10 per share (the "Exercise Price"). If and to the extent that the Company's Series D Preferred Stock has, pursuant to the provisions of the Company's Restated Articles of Incorporation in effect at the time (the "Restated Articles"), automatically converted into the Company's Common Stock ("Common Stock"), this Warrant Agreement shall thereafter automatically entitle the Warrantholder to purchase the number of shares of Common Stock into which the Series D Preferred Stock was then convertible, and references hereinafter to Preferred Stock shall be deemed, as appropriate, to thereafter mean such Common Stock. The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. Notwithstanding any provision(s) in this Warrant to the contrary, in the event that the outstanding shares of the Company's Series E Preferred Stock automatically covert into Common Stock pursuant to the provisions of Article III B., Section 4(a) of the Company's Articles of Incorporation, then this Warrant shall automatically convert into a warrant to purchase the number of shares of Common Stock as would have been issuable to the Warrantholder had this Warrant been exercised in full immediately prior to the automatic conversion of Series E Preferred Stock into Common Stock.

GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 20,312 42,000 fully paid and non-assessable shares of the Company's Series D A Preferred Stock ("Preferred Stock") at a purchase price of $8.00 1.31 per share (the "Exercise Price"). If and to the extent that the Company's Series D Preferred Stock has, pursuant to the provisions of the Company's Restated Articles of Incorporation in effect at the time (the "Restated Articles"), automatically converted into the Company's Common Stock ("Common Stock"), this Warrant Agreement shall thereafter automatically entitle the Warrantholder to purchase the number of shares of Common Stock into which the Series D Preferred Stock was then convertible, and references hereinafter to Preferred Stock shall be deemed, as appropriate, to thereafter mean such Common Stock. The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. Notwithstanding any provision(s) in this Warrant to the contrary, in the event that the outstanding shares of the Company's Series A Preferred Stock automatically covert into Common Stock pursuant to the provisions of Article III B., Section 4(a) of the Company's Articles of Incorporation, then this Warrant shall automatically convert into a warrant to purchase the number of shares of Common Stock as would have been issuable to the Warrantholder had this Warrant been exercised in full immediately prior to the automatic conversion of Series A Preferred Stock into Common Stock.