Common use of Issuance of Common Stock Equivalents Clause in Contracts

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, or (ii) the Chrystal Research Warrants, or (iii) the SC Capital WxxxxxxxWarrantx.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall at any time following within the Original Issuance Date Full Ratchet Period take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporationPerson) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(dSECTION 4(D). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall at any time following the Original Issuance Issue Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect and the number of shares of Common Stock for which this Warrant is exercisable shall be adjusted as provided in Section 4(d). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d); provided, however, that no such adjustment shall be made upon the issuance of up to $6,000,000 of such of Common Stock Equivalents. No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following the Original Issuance Date Issuer shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance then the number of shares of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter this Warrant is amended or adjusted, exercisable and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustment of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made under this Section 4(f) upon the issuance of any Common Stock Equivalents which are issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any such adjustment shall previously have been made upon the issuance of such warrants or other rights pursuant to Section 4(e). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In If the event the ------------------------------------ Issuer shall Corporation shall, at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution ofwhile this Warrant is outstanding, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisableEquivalent, and the price per share for which Additional Shares of Common Stock is may be issuable upon thereafter pursuant to such conversion or exchange Common Stock Equivalent shall be less than the current Warrant Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjustedamended, and such price as so amended shall be less than the current Warrant Price in effect at the time of such amendment or adjustmentamendment, then the Warrant Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of Section 5.4 on the basis that Additional Shares of Common Stock issuable pursuant to such Common Stock Equivalents shall be deemed to have been issued (whether or not such Common Stock Equivalents are actually then exercisable, convertible or exchangeable in whole or in part) as of the earlier of (a) the date on which the Corporation shall enter into a firm contract for the issuance of such Common Stock Equivalent, or (b) the date of actual issuance of such Common Stock Equivalent. No adjustment of the Warrant Price shall be made under this Section 5.5 upon the issuance of any Convertible Security which is issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any adjustment shall previously have been made in the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, such warrants or (iii) the SC Capital Wxxxxxxxother rights pursuant to this Section 5.5.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following the Original Issuance Date Issuer shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall make be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(eNotwithstanding the foregoing, the Company shall have a right to institute a stock grant or stock option plan for the Company's employees not exceeding ten percent (10%) shall not apply to of the issuance authorized shares of (i) common stock of the ESOP WarrantsCompany, (ii) without violating the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxxterms of this paragraph.

Issuance of Common Stock Equivalents. In The provisions of this Section 5(iii) shall apply if (a) the event the ------------------------------------ Issuer shall Company shall, at any time following after the Original Issuance Date take a record issuance date of this Note and prior to the twenty-four (24) month anniversary of the holders initial Closing Date, issue or sell any securities (other than the Offered Notes and the other Offered Securities) that are convertible into or exchangeable for, directly or indirectly, shares of its Common Stock for the purpose of entitling them to receive a distribution of(“Convertible Securities”), or shall in (b) any manner rights, warrants or options to purchase any shares of Common Stock or any such Convertible Securities (whether directly or by assumption in a merger in which collectively, the Issuer is the surviving corporation) issue or sell, any “Common Stock Equivalents”), whether other than the Warrants, shall be issued or not sold. If the rights to exchange or convert thereunder are immediately exercisable, and the price per share Aggregate Consideration for which any Additional Share of Common Stock is may be issuable upon pursuant to any such conversion or exchange Common Stock Equivalent shall be less than eighty percent (80%) of the Warrant applicable Conversion Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share Aggregate Consideration for which any Additional Shares Share of Common Stock that may thereafter be issuable thereafter under or pursuant to such Common Stock Equivalents is amended or adjusted, and such price Aggregate Consideration as so amended shall be less than eighty percent (80%) of the Warrant applicable Conversion Price in effect at the time of such amendment or adjustment, then the Warrant applicable Conversion Price then in effect upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (iii)(A) of this Section 4(d)5. No further adjustments of adjustment shall be made to the number Conversion Price upon the issuance of shares of Common Stock for which this Warrant is exercisable and pursuant to the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon exercise, conversion or exchange of such any Convertible Security or Common Stock Equivalents. This Section 4(e) shall not apply Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or sale of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, such Convertible Security or (iii) the SC Capital WxxxxxxxCommon Stock Equivalent.

Issuance of Common Stock Equivalents. In The provisions of this Section 5(iii) shall apply if (a) the event the ------------------------------------ Issuer shall Company, at any time following after the Original Issuance Date take a record issuance date of the holders of its this Note, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock for (“Convertible Securities”), other than the purpose of entitling them to receive a distribution ofConvertible Notes, or shall in (b) any manner rights or warrants or options to purchase any such Common Stock or Convertible Securities (whether directly or by assumption in a merger in which collectively, the Issuer is the surviving corporation) issue or sell, any “Common Stock Equivalents, whether ”) shall be issued or not the rights to exchange or convert thereunder are immediately exercisable, and sold. If the price per share for which Additional Shares of Common Stock is may be issuable upon pursuant to any such conversion or exchange Common Stock Equivalent shall be less than the Warrant applicable Conversion Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant applicable Conversion Price in effect at the time of such amendment or adjustment, then the Warrant applicable Conversion Price then in effect upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (iii)(A) of this Section 4(d)5. No further adjustments of adjustment shall be made to the number of shares Conversion Price upon the issuance of Common Stock for which this Warrant is exercisable and pursuant to the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon exercise, conversion or exchange of such any Convertible Security or Common Stock Equivalents. This Section 4(e) shall not apply Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, any Convertible Security or (iii) the SC Capital WxxxxxxxCommon Stock Equivalent.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following the Original Issuance Date Issuer shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall make be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) Notwithstanding the foregoing, the Company shall not apply have a right to institute a stock grant or stock option plan for the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital WxxxxxxxCompany’s employees and consultants.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or Company shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, sell any Common Stock Equivalents, with the consent of the Financial Advisor, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the aggregate price per share for which Common Stock is issuable upon such conversion or exchange plus the consideration received by the Company for issuance of such Common Stock Equivalent divided by the number of shares of Common Stock issuable pursuant to such Common Stock Equivalent (the “Aggregate Per Common Share Price”) shall be less than the Warrant Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall make the Aggregate Per Common Share Price be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect upon each such issuance or amendment shall be adjusted as provided in Section 4(d6(a). No further adjustment of the Warrant Price then in effect shall be made under this Section 6(c) upon the issuance of any Common Stock Equivalents which are issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any such adjustment shall previously have been made upon the issuance of such warrants or other rights pursuant to this Section 6(c). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following within one (1) year of the Original Issuance Issue Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) shall issue or sell, sell any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the aggregate price per share for which Common Stock is issuable upon such conversion or exchange plus the consideration received by the Issuer for issuance of such Common Stock Equivalent divided by the number of shares of Common Stock issuable pursuant to such Common Stock Equivalent (the “Aggregate Per Common Share Price”) shall be less than the Warrant Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall make the Aggregate Per Common Share Price be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect upon each such issuance or amendment shall be adjusted as provided in Section 4(d). No further adjustment of the Warrant Price then in effect shall be made under this Section 4(e) upon the issuance of any Common Stock Equivalents which are issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any such adjustment shall previously have been made upon the issuance of such warrants or other rights pursuant to this Section 4(e). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following the Original Issuance Date Issuer shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall make be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(eNotwithstanding the foregoing, the Company shall have a right to institute a stock grant or stock option plan for the Company’s employees not exceeding five percent (5%) shall not apply to of the issuance outstanding stock of (i) the ESOP WarrantsCompany, (ii) without violating the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.terms of this paragraph. Page10

Issuance of Common Stock Equivalents. In If the event the ------------------------------------ Issuer shall Issuer, at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution ofwhile this Warrant is outstanding, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock EquivalentsEquivalent, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than then the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any upon each such issuance or amendment shall be adjusted as provided in the first sentence of Common Stock Equivalents, subsection (d) of this Section 5 on the price per share for which basis that the maximum number of Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and pursuant to all such price as so amended Common Stock Equivalents shall be less than deemed to have been issued (whether or not such Common Stock Equivalents are actually then exercisable, convertible or exchangeable in whole or in part) as of the earlier of (1) the date on which the Issuer shall enter into a firm contract for the issuance of such Common Stock Equivalent, or (2) the date of actual issuance of such Common Stock Equivalent. No adjustment of the Warrant Price shall be made under this subsection (e) (i) upon the issuance of any Convertible Security which is issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any adjustment shall previously have been made in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments upon the issuance of the such warrants or other rights pursuant to this subsection (e) or (ii) issuances of Common Stock Equivalents to purchase up to one hundred fifty thousand (150,000) shares (such number of shares to be subject to adjustment, as appropriate, to reflect adjustments made under Sections 5(a), 5(b), and 5(c) of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital WxxxxxxxWarrant).

Issuance of Common Stock Equivalents. In If the event the ------------------------------------ Issuer shall Issuer, at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution ofwhile this Warrant is outstanding, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, Equivalent and the price per share for which Additional Shares of Common Stock is may be issuable upon thereafter pursuant to such conversion or exchange Common Stock Equivalent shall be less than the Warrant Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustmentamendment, then the Warrant Price then in effect upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (d) of this Section 4(d). No further adjustments of 4 on the basis that (1) the maximum number of shares Additional Shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect issuable pursuant to all such Common Stock Equivalents shall be made upon deemed to have been issued (whether or not such Common Stock Equivalents are actually then exercisable, convertible or exchangeable in whole or in part) as of the actual issue earlier of (A) the date on which the Issuer shall enter into a firm contract for the issuance of such Common Stock upon conversion Equivalent, or exchange (B) the date of actual issuance of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of Equivalent, and (i2) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.aggregate consideration for such maximum number

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following the Original Issuance Date Issuer shall take a record of the holders Holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price Common Stock Equivalent Consideration (hereafter defined) per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than then the Warrant Price then in effect at immediately prior to the time of such amendment issue or adjustmentsale, then shall be reduced to a price equal to the Common Stock Equivalent Consideration. No further adjustment of the Warrant Price then in effect shall be adjusted as provided in made under this Section 4(d4(f) upon the issuance of any Common Stock Equivalents which are issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any such adjustment shall previously have been made upon the issuance of such warrants or other rights pursuant to Section 4(e). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This No adjustments of the Warrant Price shall be required under this Section 4(e4(f) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxxin connection with any Permitted Issuances.

Issuance of Common Stock Equivalents. In If the event the ------------------------------------ Issuer shall Company, at any time following after the Original Issuance Date take a record of the holders of its Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock for ("Convertible Securities "), other than the purpose of entitling them to receive a distribution ofNote, or any rights or warrants or options to purchase any such Common Stock or Convertible Securities, shall in any manner be issued or sold (whether directly or by assumption in a merger in which collectively, the Issuer is the surviving corporation) issue or sell, any "Common Stock Equivalents, whether or not ") and the rights to exchange or convert thereunder are immediately exercisable, and aggregate of the price per share for which additional Shares of Common Stock is may be issuable upon thereafter pursuant to such conversion or exchange Common Stock Equivalent, plus the consideration received by the Company for issuance of such Common Stock Equivalent divided by the number of shares of Common Stock issuable pursuant to such Common Stock Equivalent (the "Aggregate Per Common Share Price") shall be less than the Warrant applicable Conversion Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall make the Aggregate Per Share Common Price be less than the Warrant applicable Conversion Price in effect at the time of such amendment or adjustment, then the Warrant applicable Conversion Price then in effect upon each such issuance or amendment shall be adjusted reduced to the lower of: (i) the Conversion Price; or (ii) a twenty-five percent (25%) discount to the lowest Aggregate Per Common Share Price (whether or not such Common Stock Equivalents are actually then exercisable, convertible or exchangeable in whole or in part) as provided in Section 4(d). No further adjustments of the number earlier of shares of Common Stock (A) the date on which the Company shall enter into a firm contract for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue issuance of such Common Stock upon conversion Equivalent, or exchange (B) the date of actual issuance of such Common Stock EquivalentsEquivalent. This No adjustment of the applicable Conversion Price shall be made under this Section 4(e) shall not apply to 6 upon the issuance of (i) any Convertible Security which is outstanding on the ESOP Warrants, (ii) day immediately preceding the Chrystal Research Warrants, or (iii) the SC Capital WxxxxxxxIssuance Date.

Issuance of Common Stock Equivalents. In For a period of two (2) years following the Original Issue Date, in the event the ------------------------------------ Issuer shall at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d4(c). No further adjustments of the number of shares of Common Series B Convertible Preferred Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In The provisions of this Section 5(d)(vii) shall apply if (a) the event the ------------------------------------ Issuer shall Company, at any time following after the Original Issuance Date take a record of the holders of its Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock for (“Convertible Securities”), other than the purpose of entitling them to receive a distribution ofSeries A Preferred Stock, or shall in (b) any manner rights, warrants or options to purchase any such Common Stock or Convertible Securities (whether directly or by assumption in a merger in which collectively, the Issuer is the surviving corporation) issue or sell, any “Common Stock Equivalents, whether ”) shall be issued or not the rights to exchange or convert thereunder are immediately exercisable, and sold. If the price per share for which Additional Shares of Common Stock is may be issuable upon pursuant to any such conversion Convertible Securities or exchange Common Stock Equivalents shall be less than the Warrant applicable Conversion Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Convertible Securities or Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant applicable Conversion Price in effect at the time of such amendment or adjustment, then the Warrant applicable Conversion Price then in effect upon each issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (vi) of this Section 4(d5(d). No further adjustments of adjustment shall be made to the number of shares Conversion Price upon the issuance of Common Stock for which this Warrant is exercisable and pursuant to the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon exercise, conversion or exchange of such any Convertible Securities or Common Stock Equivalents where an adjustment to the Conversion Price was previously made as a result of the issuance or purchase of any Convertible Securities or Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In The provisions of this Section 3.6(a)(vii) shall apply if (a) the event the ------------------------------------ Issuer shall Maker, at any time following after the Original Issuance Date take a record of the holders of its Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock for ("CONVERTIBLE SECURITIES"), other than the purpose of entitling them to receive a distribution ofNotes, or shall in (b) any manner (whether directly rights or by assumption in a merger in which the Issuer is the surviving corporation) issue warrants or sell, options to purchase any such Common Stock Equivalentsor Convertible Securities (collectively, whether the "COMMON STOCK EQUIVALENTS") shall be issued or not the rights to exchange or convert thereunder are immediately exercisable, and sold. If the price per share for which Additional Shares of Common Stock is may be issuable upon pursuant to any such conversion or exchange Common Stock Equivalent shall be less than the Warrant applicable Conversion Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant applicable Conversion Price in effect at the time of such amendment or adjustment, then the Warrant applicable Conversion Price then in effect upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (vi) of this Section 4(d3.6(a). No further adjustments of adjustment shall be made to the number of shares Conversion Price upon the issuance of Common Stock for which this Warrant is exercisable and pursuant to the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon exercise, conversion or exchange of such any Convertible Security or Common Stock Equivalents. This Section 4(e) shall not apply Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, any Convertible Security or (iii) the SC Capital WxxxxxxxCommon Stock Equivalent.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d)4.1.4. No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.MOT #: MOT 849207105 STLT USA #: USA 849207105 STLT AMA #: AMA 849207105 STLT CSW #: CSW-849207105 STLT

Issuance of Common Stock Equivalents. In For a period of three (3) years following the event Original Issue Date and then the ------------------------------------ Issuer shall following two (2) year period, if at any time following the Original Issuance Date Issuer shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d4(f). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following prior the Original Issuance Date Issuer shall take a record of the holders Holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price Common Stock Equivalent Consideration (hereafter defined) per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect immediately prior to the time of such issue or sale, shall upon each such issuance or sale be adjusted as provided in Section 4(d4(d)(i). No further adjustments of , with the maximum number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made issuable upon the actual issue conversion or exercise of such Common Stock upon conversion Equivalents being deemed to have be issued or exchange sold by the Company at the time of issuance or sale of such Common Stock Equivalents. This For purposes of this Section 4(e4(f), the “price per share for which Additional Shares of Common Stock is issuable” shall be determined by dividing (X) shall not apply the total amount received or receivable by the Company as consideration for the issue or sale of such Common Stock Equivalents, plus the minimum aggregate amount of additional consideration, if any, payable to the issuance of Company upon the conversion or exercise thereof, by (iB) the ESOP Warrants, (ii) total maximum number of shares of Common Stock issuable upon the Chrystal Research Warrants, conversion or (iii) the SC Capital Wxxxxxxx.exercise of all such Common Stock

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following prior the Original Issuance Date Issuer shall take a record of the holders Holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price Common Stock Equivalent Consideration (hereafter defined) per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant applicable Conversion Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect immediately prior to the time of such issue or sale, shall upon each such issuance or sale be adjusted as provided in Section 4(d)to the price equal to the Common Stock Equivalent Consideration per share paid for such Common Share Equivalents. No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) Equivalents if adjustment shall not apply have previously been fully made pursuant to this section; provided, that, any adjustment to the issuance exercise or conversion price of (i) such Common Stock Equivalent shall cause an adjustment to the ESOP Warrants, (ii) Warrant Price if such adjusted price is lower than the Chrystal Research Warrants, or (iii) then-effective Warrant Price. No adjustments of the SC Capital WxxxxxxxWarrant Price shall be made under this Section 4.6 in connection with any Permitted Issuances.

Issuance of Common Stock Equivalents. In The provisions of this Section 3(c) shall apply if (a) the event the ------------------------------------ Issuer shall Company, at any time following after the Original Issuance Date take a record of the holders of its Issue Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock for (“Convertible Securities”), other than the purpose of entitling them to receive a distribution ofNotes, or shall in (b) any manner rights or warrants or options to purchase any such Common Stock or Convertible Securities (whether directly or by assumption in a merger in which collectively, the Issuer is the surviving corporation) issue or sell, any “Common Stock Equivalents, whether ”) shall be issued or not the rights to exchange or convert thereunder are immediately exercisable, and sold. If the price per share for which Additional Shares of Common Stock is may be issuable upon pursuant to any such conversion or exchange Common Stock Equivalent shall be less than the Warrant applicable Conversion Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant applicable Conversion Price in effect at the time of such amendment or adjustment, then the Warrant applicable Conversion Price then in effect upon each such issuance or amendment shall be adjusted as provided in subsection (v) of this Section 4(d3(c). No further adjustments In the case of the number issuance, sale, distribution or granting of shares any rights or warrants or options as part of a unit consisting of such rights or warrants or options and Common Stock and/or Convertible Securities, then for which purposes of calculating any adjustment pursuant to subsection (v) of this Warrant is exercisable and the Warrant Price then in effect Section 3(c), no value shall be made upon attributed to such rights, warrants or options in allocating the actual issue of price paid for the unit among the securities comprising such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxxunit.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following while this Warrant is outstanding the Original Issuance Date take a record Company shall issue or sell any warrants or other rights to subscribe for or purchase any additional shares of the holders of its Common Stock for or any securities convertible into shares of Common Stock (other than the purpose Additional Shares of entitling them to receive a distribution ofCommon Stock) (collectively, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any "Common Stock Equivalents"), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such conversion or exchange Common Stock Equivalents (the "EFFECTIVE PRICE") shall be less than the Current Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance then the number of Common shares of Warrant Stock Equivalents, acquirable upon the price per share for which Additional Shares exercise of Common Stock may be issuable thereafter is amended or adjusted, this Warrant and such price as so amended shall be less than the Current Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d)4.3 on the basis that the maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. If the Effective Price is subsequently reduced to a lower price, then the adjustment for the issuance of the applicable Common Stock Equivalents pursuant to this Section 4.4 shall be re-calculated based upon such lower price effective as of the date of such reduction. No further adjustments of to the number of shares of Common Stock for which this Warrant is exercisable and the current Warrant Price then in effect shall be made under this Section 4.4 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In If the event the ------------------------------------ Issuer shall Issuer, at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution ofwhile this Warrant is outstanding, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock EquivalentsEquivalent, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than then the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any upon each such issuance or amendment shall be adjusted as provided in the first sentence of Common Stock Equivalents, subsection (d) of this Section 5 on the price per share for which basis that the maximum number of Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and pursuant to all such price as so amended Common Stock Equivalents shall be less than deemed to have been issued (whether or not such Common Stock Equivalents are actually then exercisable, convertible or exchangeable in whole or in part) as of the earlier of (1) the date on which the Issuer shall enter into a firm contract for the issuance of such Common Stock Equivalent, or (2) the date of actual issuance of such Common Stock Equivalent. No adjustment of the Warrant Price shall be made under this subsection (e) (i) upon the issuance of any Convertible Security which is issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any adjustment shall previously have been made in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments upon the issuance of the such warrants or other rights pursuant to this subsection (e) or (ii) issuances of Common Stock Equivalents to purchase up to one hundred fifty thousand (150,000) shares (such number of shares to be subject to adjustment, as appropriate, to reflect adjustments made under Sections 5(a), 5(b), and 5(c) of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.Warrant

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall at any time following within the Original Issuance Date Full Ratchet Period take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporationPerson) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). ) .. No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If, at any time during the twelve months following the Original Issuance Date take a record of Issue Date, the Company shall distribute to the holders of its Common Stock, or shall issue any Common Stock for the purpose of entitling them to receive a distribution Equivalents (otherwise than (i) in respect of, or shall in pursuant to any manner (whether directly exercise, exchange, or by assumption in a merger in which the Issuer is the surviving corporation) issue or sellconversion of, any Common Stock EquivalentsPrior Security, (ii) as provided in subsection (a) through (e) of this Section 9, (iii) in connection with an Acquisition or Strategic Transaction, or (iv) in respect of any equity incentive plan or agreement of the Company) whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Exercise Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares shares of Common Stock may be issuable under such Common Stock Equivalents thereafter is amended or adjustedadjusted during the twelve months following the Original Issue Date, and such price as so amended shall be less than the Warrant Exercise Price in effect at the time of such amendment or adjustment, then the Warrant Exercise Price then in effect shall be adjusted as provided in Section 4(d9(g). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Exercise Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of Common Stock Equivalents. For the avoidance of doubt and notwithstanding anything contained in this Warrant, no adjustment to the Exercise Price shall occur pursuant to this subsection (g) upon the issuance of any Common Stock Equivalents in respect of, or pursuant to the exercise, conversion or exchange of, any Prior Securities, nor shall any adjustment of the Exercise Price be made upon the subsequent issue of such Common Stock upon conversion, exercise or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall If at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or Company shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, sell any Common Stock Equivalents, with the consent of the Holder, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the aggregate price per share for which Common Stock is issuable upon such conversion or exchange plus the consideration received by the Company for issuance of such Common Stock Equivalent divided by the number of shares of Common Stock issuable pursuant to such Common Stock Equivalent (the “Aggregate Per Common Share Price”) shall be less than the Warrant Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall make the Aggregate Per Common Share Price be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect upon each such issuance or amendment shall be adjusted as provided in Section 4(d6(a). No further adjustment of the Warrant Price then in effect shall be made under this Section 6(c) upon the issuance of any Common Stock Equivalents which are issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any such adjustment shall previously have been made upon the issuance of such warrants or other rights pursuant to this Section 6(c). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In If the event the ------------------------------------ Issuer shall Issuer, at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution ofwhile this Warrant is outstanding, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock EquivalentsEquivalent, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than then the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any upon each such issuance or amendment shall be adjusted as provided in the first sentence of Common Stock Equivalents, subsection (d) of this Section 5 on the price per share for which basis that the maximum number of Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and pursuant to all such price as so amended Common Stock Equivalents shall be less than deemed to have been issued (whether or not such Common Stock Equivalents are actually then exercisable, convertible or exchangeable in whole or in part) as of the earlier of (1) the date on which the Issuer shall enter into a firm contract for the issuance of such Common Stock Equivalent, or (2) the date of actual issuance of such Common Stock Equivalent. No adjustment of the Warrant Price shall be made under this subsection (e) (i) upon the issuance of any Convertible Security which is issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any adjustment shall previously have been made in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments upon the issuance of the such warrants or other rights pursuant to this subsection (e) or (ii) issuances of Common Stock Equivalents to purchase up to one hundred fifty thousand (150,000) shares (such number of shares to be subject to adjustment, as appropriate, to reflect adjustments made under Sections 5(a), 5(b), and 5(c) of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.Warrant)

Issuance of Common Stock Equivalents. In If the event the ------------------------------------ Issuer shall Company, at any time following after the Original Issuance Date take a record of the holders of its Date, shall issue any securities convertible into or exchangeable for, directly or indirectly, Common Stock for ("Convertible Securities"), other than the purpose of entitling them to receive a distribution ofNote, or any rights or warrants or options to purchase any such Common Stock or Convertible Securities, shall in any manner be issued or sold (whether directly or by assumption in a merger in which collectively, the Issuer is the surviving corporation) issue or sell, any "Common Stock Equivalents, whether or not ") and the rights to exchange or convert thereunder are immediately exercisable, and aggregate of the price per share for which additional Shares of Common Stock is may be issuable upon thereafter pursuant to such conversion or exchange Common Stock Equivalent, plus the consideration received by the Company for issuance of such Common Stock Equivalent divided by the number of shares of Common Stock issuable pursuant to such Common Stock Equivalent (the "Aggregate Per Common Share Price") shall be less than the Warrant applicable Conversion Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall make the Aggregate Per Share Common Price be less than the Warrant applicable Conversion Price in effect at the time of such amendment or adjustment, then the Warrant applicable Conversion Price then in effect upon each such issuance or amendment shall be adjusted reduced to the lower of: (i) the Conversion Price; or (ii) a twenty-five percent (25%) discount to the lowest Aggregate Per Common Share Price (whether or not such Common Stock Equivalents are actually then exercisable, convertible or exchangeable in whole or in part) as provided in Section 4(d). No further adjustments of the number earlier of shares of Common Stock (A) the date on which the Company shall enter into a firm contract for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue issuance of such Common Stock upon conversion Equivalent, or exchange (B) the date of actual issuance of such Common Stock EquivalentsEquivalent. This No adjustment of the applicable Conversion Price shall be made under this Section 4(e) shall not apply to 6 upon the issuance of (i) any Convertible Security which is outstanding on the ESOP Warrants, (ii) day immediately preceding the Chrystal Research Warrants, or (iii) the SC Capital WxxxxxxxIssuance Date.

Issuance of Common Stock Equivalents. In For a period of eighteen ---------------------------------------- (18) months following the event the ------------------------------------ Issuer shall Original Issue Date, if at any time following the Original Issuance Date Issuer shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to the time of such issue or sale, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable Share Number and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, or (iii) the SC Capital Wxxxxxxx.

Issuance of Common Stock Equivalents. In If the event the ------------------------------------ Issuer shall Corporation shall, at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution ofwhile this Warrant is outstanding, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisableEquivalent, and the price per share for which Additional Shares of Common Stock is may be issuable upon thereafter pursuant to such conversion or exchange Common Stock Equivalent shall be less than the current Warrant Price then in effect immediately prior to the time of such issue or saleeffect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjustedamended, and such price as so amended shall be less than the current Warrant Price in effect at the time of such amendment or adjustmentamendment, then the Warrant Price upon each such issuance or amendment shall be adjusted as provided in the first 8 sentence of Section 5.4 on the basis that Additional Shares of Common Stock issuable pursuant to such Common Stock Equivalents shall be deemed to have been issued (whether or not such Common Stock Equivalents are actually then exercisable, convertible or exchangeable in whole or in part) as of the earlier of (a) the date on which the Corporation shall enter into a firm contract for the issuance of such Common Stock Equivalent, or (b) the date of actual issuance of such Common Stock Equivalent. No adjustment of the Warrant Price shall be made under this Section 5.5 upon the issuance of any Convertible Security which is issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any adjustment shall previously have been made in the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, such warrants or (iii) the SC Capital Wxxxxxxxother rights pursuant to this Section 5.5.

Issuance of Common Stock Equivalents. In the event the ------------------------------------ Issuer shall at any time following the Original Issuance Date take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is the surviving corporation) issue or sell, any Common Stock Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Warrant Price in effect immediately prior to most recent price paid for Common Stock under the time of such issue or salePurchase Agreement, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the Warrant Price in effect most recent price paid for Common Stock under the Purchase Agreement at the time of such amendment or adjustment, then the Warrant Price then in effect shall be adjusted as provided in Section 4(d). No further adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of such Common Stock Equivalents. This Section 4(e) If the conversion or exercise price of a Common Stock Equivalent is not stated or fixed at the time of issuance or sale, this provision shall not apply to the issuance of (i) the ESOP Warrants, (ii) the Chrystal Research Warrants, until such time that said Common Stock Equivalent is actually converted or (iii) the SC Capital Wxxxxxxxexercised.