Common use of Registration Under Clause in Contracts

Registration Under. Securities Act of 1933, as amended. The shares of Common Stock into which the Shares are convertible (or, if at any time the Shares shall be shares of Common Stock, the Shares) shall have certain registration rights pursuant to an Amendment No. 3 of even date herewith with respect to that certain Registration Rights Agreement, dated as of September 9, 1999 (as amended), in effect between the Company and Holder. The Company represents and warrants to Holder that the Company's execution, delivery and performance of the aforesaid Amendment (a) has been duly authorized by all necessary corporate action of the Company's Board of Directors and shareholders, (b) will not violate the Company's Certificate of Incorporation or By-laws, each as amended, (c) will not violate or cause a breach or default (or an event which with the passage of time or the giving of notice or both, would constitute a breach or default) under any agreement, instrument, mortgage, deed of trust or other arrangement to which the Company is a party or by which it or any of its assets is subject or bound, and (d) does not require the approval, consent or waiver of or by any third party which approval, consent or waiver has not been obtained as of the Issue Date of this Warrant.

Registration Under. Securities Act of 1933, as amended. The shares of Common Stock into which the Shares are convertible (or, if at any time the Shares shall be shares of Common Stock, the Shares) shall have certain registration rights pursuant to an Amendment No. 3 2 of even date herewith with respect to that certain Registration Rights Agreement, Agreement between the Company and Holder dated as of September 9, 1999 (as amended), in effect between the Company and Holder1999. The Company represents and warrants to Holder that the Company's execution, delivery and performance of the aforesaid Amendment (a) has been duly authorized by all necessary corporate action of the Company's Board of Directors and shareholders, (b) will not violate the Company's Certificate of Incorporation or By-laws, each as amended, (c) will not violate or cause a breach or default (or an event which with the passage of time or the giving of notice or both, would constitute a breach or default) under any agreement, instrument, mortgage, deed of trust or other arrangement to which the Company is a party or by which it or any of its assets is subject or bound, and (d) does not require the approval, consent or waiver of or by any third party which approval, consent or waiver has not been obtained as of the Issue Date of this Warrant.

Registration Under. Securities Act of 1933, as amended. The shares of Common Stock into which issuable upon conversion of the Shares are convertible (orand the Shares, if at any time all times when the Shares shall be shares of Class is Common Stock, the Shares) shall have certain incidental or "piggyback" registration rights pursuant to an Amendment No. 3 to, and as set forth in, that certain Rights Agreement of even date herewith with respect to that certain Registration Rights Agreement, dated as of September 9, 1999 (as amended), in effect between the Company and HolderSilicon Valley Bank. The Company represents and warrants to Holder that the Company's foregoing grant of registration rights and its execution, delivery and performance of the aforesaid Amendment aforementioned Rights Agreement (a) has have been duly authorized by all necessary corporate action of the Company's Board of Directors and shareholders, (b) will not violate the Certificate or the Company's Certificate of Incorporation or Byby-laws, each as amended, (c) will not violate or cause a breach or default (or an event which with the passage of time or the giving of notice or both, would constitute a breach or default) under any agreement, instrument, mortgage, deed of trust or other arrangement to which the Company is a party or by which it or any of its assets is subject or bound, and (d) does do not require the approval, consent or waiver of or by any shareholder, registration rights holder or other third party which approval, consent or waiver has not been obtained as of the Issue Date date of issuance of this Warrant.