Common use of Investor Undertaking Clause in Contracts

Investor Undertaking. Investor covenants that he will not sell, transfer, assign, hypothecate or pledge in any way any of the Shares or the Warrant Shares issued without a Securities Legend in accordance with Section 6 hereof except for sales (A) in accordance with the terms of the “Plan of Distribution” section of the prospectus contained in the Registration Statements (as defined herein) and in compliance with prospectus delivery requirements or (B) in accordance with the requirements of Rule 144 under the 1933 Act. Investor further agrees to indemnify the Company against any loss, cost or expense, including reasonable expenses, incurred as a result of such legend removal on Investor’s behalf.

Investor Undertaking. Investor covenants that he will not sell, transfer, assign, hypothecate or pledge in any way any of the Shares, Exercised March Warrant Shares or the Warrant Shares issued without a Securities Legend in accordance with Section 6 hereof except for sales (A) in accordance with the terms of the “Plan of Distribution” Distribution section of the prospectus contained in the Registration Statements (as defined herein) Statement and in compliance with prospectus delivery requirements or (B) in accordance with the requirements of Rule 144 under the 1933 Act. Investor further agrees to indemnify the Company against any loss, cost or expense, including reasonable expenses, incurred as a result of such legend removal on Investor’s behalf.