Notwithstanding anything in Section 6. 2.1 to the contrary, Tenant shall bond over any Lien affecting any Premises if (i) such Lien secures an amount payable in excess of $5,000,000 or (ii) any applicable Facility Mortgagee so requests.
Notwithstanding anything in Section 6. 3.1 to the contrary, a Holder shall not be entitled to any preemptive rights in connection with any issuance of shares of equity securities (including securities convertible into equity securities) listed below and Future Shares shall not include: (i) securities issued upon conversion of any outstanding shares of preferred stock; (ii) securities issued pursuant to the acquisition of another business entity or business segment of any such entity by the Company by merger, purchase of substantially all the assets or other reorganization whereby the Company will own more than fifty percent (50%) of the voting power of such business entity or business segment of any such entity; (iii) any borrowings, direct or indirect, from financial institutions or other persons by the Company, whether or not presently authorized, including any type of loan or payment evidenced by and type of debt instrument, provided such borrowings do not have any equity features including warrants, options or other rights to purchase capital stock and are not convertible into capital stock of the Company; (iv) securities issued to employees, consultants, officers, advisors or directors of the Company pursuant to any stock option, stock purchase or stock bonus plan, agreement or arrangement approved by the Board of Directors; (v) securities issued to vendors or customers or to other persons in similar commercial situations with the Company if such issuance is approved by the Board of Directors; (vi) securities issued in connection with obtaining lease financing, whether issued to a lessor, guarantor or other person; (vii) securities issued in a public or private offering with gross proceeds to the Company of at least $5,000,000 (a "Qualified Public Offering"); (viii) securities issued in connection with any stock split, stock dividend or recapitalization of the Company; (ix) securities issued in payment of lease obligations or in connection with corporate partnering transactions or a strategic alliance (including suppliers, customers, entities helping the Company market or distribute its products or services, or any other strategic partner of the Company) or joint venture on terms approved by the Board of Directors; and (x) any right, option or warrant to acquire any security convertible into the securities excluded from the definition of Future Shares pursuant to subsections (i) through (ix) above.
