INTENTIONAL OMITTED. There are not now any extensions of time in effect with respect to the dates on which any Tax Returns of the Company were or are due to be filed, other than those extensions filed or obtained or to be filed or obtained in the Ordinary Course of Business.
INTENTIONAL OMITTED. Prior to the effectiveness of the Registration Statement, the Company may enter into an agreement with a third party, the principal purpose of which is to secure equity financing (an "Other Financing"). If prior to the effectiveness of the Registration Statement the Company enters into an Other Financing at a price per share less than the Purchaser's Per Share Purchase Price, the Company will issue additional shares to the Purchaser based on standard "weighted average" anti-dilution formula (the "ANTI-DILUTION SHARES") as set forth on SCHEDULE 3(P) hereof. If issued, the Anti-Dilution Shares shall, at the Purchaser's option, if appropriate, be registered in a separate registration statement. As used herein, "OTHER FINANCING" shall not include the Company (i) entering into a loan, credit or lease facility with a bank or financing institution (including any equity component thereof), (ii) establishing an employee stock option plan or agreement, (iii) issuing shares of Common Stock in connection with the Company's option plans (as the same may be amended from time to time), stock purchase plans, rights plans, currently outstanding warrants or options (unless the exercise price of such warrants or options are reset to a price below the current exercise price), or increase the number of shares available under any such plans (the primary purpose of which is not to raise equity), (iv) issuing shares of Common Stock upon conversion of the Company's existing subordinated convertible debentures and series B convertible preferred stock (unless the conversion price of such debentures or series B convertible preferred stock are reset (other than by its stated terms) to a price below the current conversion price) and (v) issuing shares of Common Stock and/or preferred stock in connection with the formation or maintenance of strategic partnerships, alliances, licenses or joint ventures and the acquisition of products, licenses or other assets (each a "PERMITTED TRANSACTION").
