Common use of Registration Under Securities Act of 1933 Clause in Contracts

Registration Under Securities Act of 1933. as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or "Piggyback," and S-3 registration rights pursuant to and as set forth in the Company's Fourth Amended and Restated Registration Rights Agreement dated May 12, 2005, as amended from time to time (the "Rights Agreement"). The provisions set forth in the Rights Agreement relating to the foregoing registration rights in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the Holder.

Registration Under Securities Act of 1933. as amended. amended The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or "“Piggyback," ” registration rights and S-3 registration rights pursuant to and as set forth in the Company's Fourth ’s Second Amended and Restated Registration Rights Agreement dated May 12January 19, 20052006 (the “Registration Rights Agreement”), as may be amended from form time to time (the "Rights Agreement")time. The provisions set forth in the Company’s Registration Rights Agreement or similar agreement relating to the foregoing registration rights above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the Holder.

Registration Under Securities Act of 1933. as amended. The Company agrees that the Shares or, if common stock issuable upon conversion of the Shares are convertible into common stock shall be subject to the so-called "S-3" registration rights set forth in Section 4 1.9 of the Company, such common stock, shall have certain incidental, or "Piggyback," and S-3 registration rights pursuant to and as set forth in the Company's Fourth Third Amended and Restated Registration Investor Rights Agreement dated May 12November 21, 2005, as amended from time to time 2001 (the "Registration Rights Agreement"), so long as the Company shall be eligible to utilize Form S-3 under the 1933 Act. The provisions set forth in the Registration Rights Agreement relating Agreemxxx xxxxting to the foregoing registration rights above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the Holder.