Common use of Increases in Liquidation Preference Clause in Contracts

Increases in Liquidation Preference. The aggregate liquidation preference of the outstanding shares of Series F Preferred Stock shall be automatically increased by an amount equal to the amount of each Drawdown pursuant to Section 1.3 that is actually funded by the Investor to the Company, and such increase shall occur simultaneously with such funding and shall be allocated ratably to the shares of Series F Preferred Stock. The Company shall duly xxxx its records and the transfer agent for the Series F Preferred Stock (the “Transfer Agent”) shall complete the Schedule of Increases of the Series F Preferred Stock Liquidation Preference in the form attached to the Series F Preferred Share Certificate (as defined in the Certificate of Designations) to reflect each increase in the liquidation preference of the Series F Preferred Stock contemplated herein (but, for the avoidance of doubt, such increase shall be effective regardless of whether the Company has properly marked its records or the Transfer Agent has properly completed such schedule).

Increases in Liquidation Preference. The aggregate liquidation preference of the outstanding shares of Series F Preferred Stock shall be automatically increased by an amount equal to the amount of each Drawdown pursuant to Section 1.3 that is actually funded by the Investor to the Company, and such increase shall occur simultaneously with such funding and shall be allocated ratably to the shares of Series F Preferred Stock. The Company shall duly xxxx mark its records and the transfer agent for the Series F Preferred Stock (the “Transfer Agent”) shall complete the Schedule of Increases of the Series F Preferred Stock Liquidation Preference in the form attached to the Series F Preferred Share Certificate (as defined in the Certificate of Designations) to reflect each increase in the liquidation preference of the Series F Preferred Stock contemplated herein (but, for the avoidance of doubt, such increase shall be effective regardless of whether the Company has properly marked its records or the Transfer Agent has properly completed such schedule).