Common use of Issuance of Additional Warrants Clause in Contracts

Issuance of Additional Warrants. On each six month anniversary of the date of execution by the Company and the Investor of the initial Commitment Warrants (each, a "Six Month Anniversary Date") continuing throughout the term of the Commitment Warrant, the Company shall issue to the Investor additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor shall equal at least "Y%" of the number of fully diluted shares of Common Stock of the Company on such Six Month Anniversary Date (not including any shares issued or issuable to Swartz), where "X" xxall equal 4.0% for the first Six Month Anniversary Date, and shall be reduced by 0.5% for each Six Month Anniversary Date beginning on and following the second Six Month Anniversary Date. The Additional Warrants shall be in the form of EXHIBIT A hereto, and shall initially be exerciseable at the same price as the Commitment Warrants (as most recently reset), shall have the same reset provisions as the Commitment Warrants (which resets shall occur on each six month anniversary of the date of issuance of the applicable Additional Warrant throughout the term of the applicable Additional Warrant), shall have registration rights as set forth in the Amended and Restated Registration Rights Agreement dated April 4, 2001 between the Company and the Investor, and shall have a 5-year term.

Issuance of Additional Warrants. On each six month anniversary of the date of execution by the Company and the Investor issuance of the initial Commitment Warrants Warrant (each, a "Six Month Anniversary Date") continuing throughout the term of the Commitment Warrant), the Company shall issue to the Investor additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor shall equal at least "Y%" of the number of fully diluted shares of Common Stock of the Company on such Six Month Anniversary Date (not including any shares issued or issuable to SwartzXxxxxx), where "XY" xxall shall initially equal 4.0% for the first Six Month Anniversary Date9.0%, and shall be reduced by 0.5% for each Six Month Anniversary Date beginning on and following after the second first Six Month Anniversary Date. The Additional Warrants shall be in the form of EXHIBIT A hereto, and shall initially be exerciseable at the same price as the Commitment Warrants (as most recently reset), shall have the same reset provisions as the Commitment Warrants (which resets shall occur on each six month anniversary of the date of issuance of the applicable Additional Warrant throughout the term of the applicable Additional Warrant), shall have piggyback registration rights as set forth in the Amended and Restated Registration Rights Agreement dated April 4, 2001 between the Company and the Investor, and shall have a 57-year term.

Issuance of Additional Warrants. On each six month anniversary of the date of execution by the Company and the Investor of the initial Commitment Warrants (each, a "Six Month Anniversary Date") continuing throughout the term of the Commitment Warrant), the Company shall issue to the Investor additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor shall equal at least "Y%" of the number of fully diluted shares of Common Stock of the Company on such Six Month Anniversary Date (not including any shares issued or issuable to Swartz), where "XY" xxall shall equal 4.07% for the first Six Month Anniversary DateAnniversaxx Xxxe, and shall be reduced by 0.5% for each Six Month Anniversary Date beginning on and following the second Six Month Anniversary Date. The Additional Warrants shall be in the form of EXHIBIT A hereto, and shall initially be exerciseable at the same price as the Commitment Warrants (as most recently reset), shall have the same reset provisions as the Commitment Warrants (which resets shall occur on each six month anniversary of the date of issuance of the applicable Additional Warrant throughout the term of the applicable Additional Warrant), shall have piggyback registration rights as set forth in the Amended and Restated Registration Rights Agreement dated April 4, 2001 between the Company and the Investor, and shall have a 57-year term.

Issuance of Additional Warrants. On the date of this Agreement, and on each six month anniversary of the date of execution by the Company and the Investor issuance of the initial Commitment Warrants (each, a "Six Month Anniversary Date") continuing throughout the term of the Commitment Warrant), the Company shall issue to the Investor additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor shall equal at least "Y%" of the number of fully diluted shares of Common Stock of the Company on such Six Month Anniversary Date (not including any shares issued or issuable to Swartz)Date, where "XY" xxall shall equal 4.04.9% for the first Six Month Anniversary Date, and shall be reduced by 0.50.75% for each Six Month Anniversary Date beginning on and following the second Six Month Anniversary Date. The Additional Warrants shall be in the form of EXHIBIT Exhibit A hereto, and shall initially be exerciseable at the same price as the Commitment Warrants (as most recently reset), shall have the same reset provisions as the Commitment Warrants (which resets shall occur on each six month anniversary of the date of issuance of the applicable Additional Warrant throughout the term of the applicable Additional Warrant), shall have piggyback registration rights as set forth in the Amended and Restated Registration Rights Agreement dated April 4, 2001 between the Company and the Investor, and shall have a 5-year term.

Issuance of Additional Warrants. On each six month anniversary of the date of execution by the Company and the Investor of the initial Commitment Warrants Investment Agreement (each, a "Six Month Anniversary Date") continuing throughout the term of the Commitment Warrant), the Company shall issue to the Investor additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor shall equal at least "Y%" of the number of fully diluted shares of Common Stock of the Company on such Six Month Anniversary Date (not including any shares issued or issuable to Swartz)Date, where "XY" xxall shall initially equal 4.0% for the first Six Month Anniversary Date%, and shall be reduced by 0.5% for each Six Month Anniversary Date beginning on and following after the second first Six Month Anniversary Date. The Additional Warrants shall be in the form of EXHIBIT A hereto, and shall initially be exerciseable exercisable at the same price as the Commitment Warrants (as most recently reset), shall have the same reset provisions as the Commitment Warrants (which resets shall occur on each six month anniversary of the date of issuance of the applicable Additional Warrant throughout the term of the applicable Additional Warrant), shall have piggyback registration rights as set forth in the Amended and Restated Registration Rights Agreement dated April 4, 2001 between the Company and the Investor, and shall have a 5-year term.

Issuance of Additional Warrants. On each six month anniversary of the date of execution by the Company and the Investor issuance of the initial Commitment Warrants (each, a "Six Month Anniversary Date") continuing throughout the term of the Commitment Warrant), the Company shall issue to the Investor additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor shall equal at least "Y%" of the number of fully diluted shares of Common Stock of the Company on such Six Month Anniversary Date (not including any shares issued or issuable to Swartz)Date, where "XY" xxall shall equal 4.07% for the first Six Month Anniversary Date, and shall be reduced by 0.5% for each Six Month Anniversary Date beginning on and following the second Six Month Anniversary Date. The Additional Warrants shall be in the form of EXHIBIT A hereto, and shall initially be exerciseable at the same price as the Commitment Warrants (as most recently reset), shall have the same reset provisions as the Commitment Warrants (which resets shall occur on each six month anniversary of the date of issuance of the applicable Additional Warrant throughout the term of the applicable Additional Warrant), shall have piggyback registration rights as set forth in the Amended and Restated Registration Rights Agreement dated April 4, 2001 between the Company and the Investor, and shall have a 5-year term.

Issuance of Additional Warrants. On the Effective Date (as defined in the Investment Agreement) and on each six month anniversary of the date of execution by the Company and the Investor of the initial Commitment Warrants Investment Agreement (each, a "Six Month Anniversary Date") continuing throughout the term of the Commitment Warrant), the Company shall issue to the Investor additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor shall equal at least "Y%" of the number of fully diluted shares of Common Stock of the Company on such Six Month Anniversary Date (not including any shares issued or issuable to Swartz)Date, where "XY" xxall shall initially equal 4.0% for the first Six Month Anniversary Date5.0%, and shall be reduced by 0.5% for each Six Month Anniversary Date beginning on and following after the second first Six Month Anniversary Date. The Additional Warrants shall be in the form of EXHIBIT A hereto, and shall initially be exerciseable at the same price as the Commitment Warrants (as most recently reset), shall have the same reset provisions as the Commitment Warrants (which resets shall occur on each six month anniversary of the date of issuance of the applicable Additional Warrant throughout the term of the applicable Additional Warrant), shall have piggyback registration rights as set forth in the Amended and Restated Registration Rights Agreement dated April 4, 2001 between the Company and the Investor, and shall have a 510-year term. For purposes hereof, the shares of Common Stock underlying the Purchase Warrants (as defined in the Investment Agreement) and the Put Shares (as defined in the Investment Agreement) shall not be taken into account in determining the number of fully diluted shares of Common Stock of the Company as of any Six Month Anniversary Date.