Common use of ISSUANCE AND DELIVERY OF NEW SECURITIES AND VOTING STOCK Clause in Contracts

ISSUANCE AND DELIVERY OF NEW SECURITIES AND VOTING STOCK. The Company represents and covenants to Purchaser that (i) upon issuance, all the shares of New Securities sold to Purchaser pursuant to this Article V shall be duly authorized, validly issued, fully paid and nonassessable and will be approved (if outstanding securities of the Company of the same type are at the time already approved) for listing on the Nasdaq Stock Market or for quotation or listing on the principal trading market for the securities of the Company at the time of issuance, (ii) upon delivery of such shares, they shall be free and clear of all claims, Liens, encumbrances, security interests and charges of any nature and shall not be subject to any preemptive right of any stockholder of the Company and (iii) in connection with any such issuance, the Company shall take such actions as are specified in Section 3.01(q) with respect to such shares. Each share issued or delivered by the Company hereunder shall bear the legend set forth in Section 13.11. ARTICLE VI

ISSUANCE AND DELIVERY OF NEW SECURITIES AND VOTING STOCK. The Company represents and covenants to Purchaser that (i) upon issuance, all the shares of New Securities sold to Purchaser pursuant to this Article V shall be duly authorized, validly issued, fully paid and nonassessable and will be approved (if outstanding securities of the Company of the same type are at the time already approved) for listing on the Nasdaq Stock Market or for quotation or listing on the principal trading market for the securities of the Company at the time of issuance, (ii) upon delivery of such shares, they shall be free and clear of all claims, Liens, encumbrances, security interests and charges of any nature and shall not be subject to any preemptive right of any stockholder of the Company and (iii) in connection with any such issuance, the Company shall take such actions as are specified in Section 3.01(q) with respect to such shares. Each share issued or delivered by the Company hereunder shall bear the legend set forth in Section 13.11. ARTICLE VI.

ISSUANCE AND DELIVERY OF NEW SECURITIES AND VOTING STOCK. The Company represents and covenants to Purchaser that (i) upon issuance, all the shares of New Securities sold to Purchaser pursuant to this Article V III shall be duly authorized, validly issued, fully paid and nonassessable and will shall be approved (if outstanding securities of the Company of the same type are at the time already approvedapproved and the New Securities are registered under the Securities Act) for listing on the Nasdaq Stock Market or for quotation or listing on the principal trading market for the securities of the Company at the time of issuance, (ii) upon delivery of such shares, they shall be free and clear of all claims, Liens, encumbrances, security interests claims and charges Liens of any nature and shall not be subject to any preemptive right of any stockholder of the Company and (iii) in connection with any such issuance, the Company shall take such actions as are specified in Section 3.01(q2.1(o) with respect to such shares. Each share issued or delivered by the Company hereunder shall bear the legend legends set forth in Section 13.11. ARTICLE VI11.10.

ISSUANCE AND DELIVERY OF NEW SECURITIES AND VOTING STOCK. The Company represents and covenants to Purchaser that (i) upon issuance, all the shares of New Securities sold to Purchaser pursuant to this Article V III shall be duly authorized, validly issued, fully paid and nonassessable and will shall be approved (if outstanding securities of the Company of the same type are at the time already approvedapproved and the New Securities are registered under the Securities Act) for listing on the Nasdaq Stock Market or for quotation or listing on the principal trading market for the securities of the Company at the time of issuance, (ii) upon delivery of such shares, they shall be free and clear of all claims, Liens, encumbrances, security interests claims and charges Liens of any nature and shall not be subject to any preemptive right of any stockholder of the Company and (iii) in connection with any such issuance, the Company shall take such actions as are specified in Section 3.01(q2.1(o) with respect to such shares. Each share issued or delivered by the Company hereunder shall bear the legend legends set forth in Section 13.11. ARTICLE VI11.15.

ISSUANCE AND DELIVERY OF NEW SECURITIES AND VOTING STOCK. The Company represents and covenants to Purchaser that (i) upon issuance, all the shares of New Securities sold to Purchaser pursuant to this Article V shall be duly authorized, validly issued, fully paid and nonassessable and will be approved (if outstanding securities of the Company of the same type are at the time already approved) for listing on the Nasdaq New York Stock Market Exchange or for quotation or listing on the principal trading market for the securities of the Company at the time of issuance, (ii) upon delivery of such shares, they shall be free and clear of all claims, Liens, encumbrances, security interests and charges of any nature and shall not be subject to any preemptive right of any stockholder of the Company and (iii) in connection with any such issuance, the Company shall take such actions as are specified in Section 3.01(q3.01(r) with respect to such shares. If at the time of issuance of any shares of Common Stock pursuant to this Article V, the Company shall not have redeemed the Rights, then each share of Common Stock issued pursuant hereto shall have attached to it Rights or new rights with terms substantially the same as, and at least as favorable to Purchaser as, are provided under the Rights. Each share issued or delivered by the Company hereunder shall bear the legend set forth in Section 13.11. ARTICLE VI.