Common use of Investor Undertaking Clause in Contracts

Investor Undertaking. Investor covenants that it will not sell, transfer, assign, hypothecate or pledge in any way any of the Shares or the Warrant Shares unless the resale of the Shares or Warrant Shares, as applicable, have been registered for resale under the Securities Act and in compliance with applicable prospectus delivery requirements, if any, or otherwise in compliance with the requirements of an available exemption from registration under the Securities Act and the rules and regulations promulgated thereunder. Investor further agrees to indemnify the Company against any loss, cost or expenses, including reasonable expenses, incurred as a result of such legend removal on Investor’s behalf.

Investor Undertaking. Investor covenants that it will shall not sell, transfer, assign, hypothecate or pledge in any way any of the February Warrant Shares or the Warrant Shares unless issued without a Securities Legend in accordance with Section 6 below except for sales (A) in accordance with the resale terms of the Shares or Warrant Shares, as applicable, have been registered for resale under Plan of Distribution section of the Securities Act prospectus contained in the Registration Statement and in compliance with applicable prospectus delivery requirements, if any, requirements or otherwise (B) in compliance accordance with the requirements of an available exemption from registration Rule 144 under the Securities Act and the rules and regulations promulgated thereunder1933 Act. Investor further agrees to indemnify the Company against any loss, cost or expensesexpense, including reasonable expenses, incurred as a result of such legend removal on Investor’s behalf.

Investor Undertaking. Investor covenants that it will not sell, transfer, assign, hypothecate or pledge in any way any of the Prior Warrant Shares or the Warrant Shares unless the resale of the Prior Warrant Shares or Warrant Shares, as applicable, have been registered for resale under the Securities Act and in compliance with applicable prospectus delivery requirements, if any, or otherwise in compliance with the requirements of an available exemption from registration under the Securities Act and the rules and regulations promulgated thereunder. Investor further agrees to indemnify the Company against any loss, cost or expenses, including reasonable expenses, incurred as a result of such legend removal on Investor’s behalf.

Investor Undertaking. Investor covenants that it will shall not sell, transfer, assign, hypothecate or pledge in any way any of the September Warrant Shares or the Warrant Shares unless issued without a Securities Legend in accordance with Section 6 below except for sales (A) in accordance with the resale terms of the Shares or Warrant Shares, as applicable, have been registered for resale under Plan of Distribution section of the Securities Act prospectus contained in the Registration Statement and in compliance with applicable prospectus delivery requirements, if any, requirements or otherwise (B) in compliance accordance with the requirements of an available exemption from registration Rule 144 under the Securities Act and the rules and regulations promulgated thereunder1933 Act. Investor further agrees to indemnify the Company against any loss, cost or expensesexpense, including reasonable expenses, incurred as a result of such legend removal on Investor’s behalf.