Common use of Removal of Restrictive Legends Clause in Contracts

Removal of Restrictive Legends. Neither this Warrant nor any certificates evidencing the Shares or any other equity securities issuable or deliverable under or in connection with this Warrant shall contain any legend restricting the transfer thereof in any of the following circumstances: (i) while a registration statement covering the sale or resale of the Shares is effective under the Securities Act; (ii) following any sale of this Warrant, any of the Shares or any other equity securities issued or delivered to the Holder under or in connection herewith pursuant to Rule 144; (iii) if this Warrant, the Shares or any other equity securities are eligible for sale under Rule 144(b)(1); or (iv) if such legend is not required under applicable requirements of the Securities Act (including judicial interpretations and pronouncements issued by the staff of the Commission) (collectively, the “Unrestricted Conditions”). If the Unrestricted Conditions are met at the time of the issuance of the Shares, the Company shall cause its counsel, at its expense, to issue a legal opinion to the Transfer Agent, if required by such Transfer Agent to effect the issuance of the Shares or any other shares of equity securities issuable or deliverable under or in connection with this Warrant, as applicable, without a restrictive legend or removal of the legend hereunder. If the Unrestricted Conditions are met at the time of issuance of the Shares, then the Shares shall be issued free of all legends.

Removal of Restrictive Legends. Neither this Warrant nor any certificates evidencing the Shares or any other equity securities shares of capital stock issuable or deliverable under or in connection with this Warrant shall contain any legend restricting the transfer thereof in any of the following circumstances: (iA) while a registration statement Registration Statement covering the sale or resale of the Shares such securities is effective under the Securities Act; , (iiB) following any sale of this Warrant, any of the Shares or any other equity securities shares of capital stock issued or delivered to the Holder under or in connection herewith pursuant to Rule 144; , (iiiC) if this Warrant, the Shares or any other equity securities such share of capital stock are eligible for sale under Rule 144(b)(1); , or (ivD) if such legend is not required under applicable requirements of the Securities Act (including judicial interpretations and pronouncements issued by the staff of the Commission) (collectively, the “Unrestricted Conditions”). If the Unrestricted Conditions are met at the time of the issuance of the Shares, the The Company shall cause its counsel, at its expense, counsel to issue a legal opinion to the Transfer Agent, Agent if required by such Transfer Agent to effect the issuance of the Shares or any other shares of equity securities capital stock issuable or deliverable under or in connection with this Warrant, as applicable, without a restrictive legend or removal of the legend hereunder. If the Unrestricted Conditions are met at the time of issuance of this Warrant, the SharesShares or such other shares of capital stock, then this Warrant, Shares or other shares of capital stock, as the Shares case may be, shall be issued free of all legends.

Removal of Restrictive Legends. Neither this This Warrant nor any and the certificates evidencing the Shares or any other equity securities issuable or deliverable under or in connection with this Warrant Shares, as applicable, shall not contain any legend restricting the transfer thereof in any of the following circumstancesthereof: (i) while a registration statement covering the sale or resale of the Shares is effective under the Securities Act; (iiA) following any sale of this Warrant, any of the Warrant Shares or any other equity securities issued or delivered to the Holder under or in connection herewith pursuant to Rule 144; , or (iiiB) if this Warrant, the such Warrant and Warrant Shares or any other equity securities are eligible for sale under Rule 144(b)(1) (or, with respect to the Warrant Shares, if the Warrant Shares are then outstanding and registered for resale under the Registration Rights Agreement); , or (ivC) if such legend is not required under applicable requirements of the Securities Act (including judicial interpretations and pronouncements issued by the staff of the Commission) and the Company shall have received an opinion of counsel to the Holder in form reasonably acceptable to the Company to such effect (collectively, the “"Unrestricted Conditions”"). If the Unrestricted Conditions are met at the time of the issuance of the Shares, the The Company shall cause its counsel, at its expense, counsel to issue a legal opinion to the Transfer Agent, its transfer agent if required by such Transfer Agent the transfer agent to effect the issuance of this Warrant or the Shares or any other shares of equity securities issuable or deliverable under or in connection with this WarrantWarrant Shares, as applicable, without a restrictive legend or removal of the legend hereunder. If The Company agrees that at such time as the Unrestricted Conditions are met at met, it will, no later than three (3) Trading Days following the time delivery by the Holder to the Company or the transfer agent of issuance of the this Warrant and a certificate representing Warrant Shares, then the Shares shall as applicable, issued with a restrictive legend, deliver or cause to be issued delivered to such Holder this Warrant and/or a certificate (or electronic transfer) representing such shares that is free of from all restrictive and other legends.

Removal of Restrictive Legends. Neither this Warrant nor (i) Until such time as the Purchased Shares have been registered under the Securities Act as contemplated by the Registration Rights Agreement or otherwise may be sold pursuant to Rule 144 or an exemption from registration under the Securities Act without any restriction as to the number of securities as of a particular date that can then be immediately sold, such Purchased Shares may bear the Securities Act Legend. The certificates (or electronic book entries, if applicable) evidencing the Purchased Shares shall not be required to contain or any other equity securities issuable or deliverable under or in connection with this Warrant be subject to (and each Buyer shall contain be entitled to removal of) any legend restricting the transfer thereof in (including the Securities Act Legend) and shall not be subject to any of the following circumstancesstop-transfer instructions: (iA) while a registration statement (including a Registration Statement, as defined in the Registration Rights Agreement) covering the sale or resale of the such Purchased Shares is effective under the Securities Act; Act and the use of such registration statement, if applicable, is not then suspended under the Registration Rights Agreement, or (iiB) following any sale of this Warrant, any of the such Purchased Shares or any other equity securities issued or delivered to the Holder under or in connection herewith pursuant to Rule 144; , or (iiiC) if this Warrant, the such Purchased Shares or any other equity securities are eligible for sale under Rule 144(b)(1); , or (ivD) if at any time on or after the date hereof that such legend Buyer certifies that it is not required under applicable requirements an “affiliate” of the Securities Act Company (including judicial interpretations as such term is used under Rule 144) and pronouncements issued by the staff that such Buyer’s holding period for purposes of the CommissionRule 144 and subsection (d)(3)(iii) (collectively, the “Unrestricted Conditions”). If the Unrestricted Conditions are met at the time of the issuance of the Shares, the Company shall cause its counsel, at its expense, to issue a legal opinion to the Transfer Agent, if required by such Transfer Agent to effect the issuance of the Shares or any other shares of equity securities issuable or deliverable under or in connection thereof with this Warrant, as applicable, without a restrictive legend or removal of the legend hereunder. If the Unrestricted Conditions are met at the time of issuance of the Shares, then the Shares shall be issued free of all legends.respect to

Removal of Restrictive Legends. Neither this Warrant nor any certificates evidencing the Warrant Shares or any other equity securities shares of Common Stock issuable or deliverable under or in connection with this Warrant shall contain any legend restricting the transfer thereof (including the legend set forth above in clause (i)) in any of the following circumstances: (iA) while a registration statement Registration Statement covering the sale or resale of the Warrant Shares is effective under the Securities Act; , (iiB) following any sale of this Warrant, any of the Warrant Shares or any other equity securities shares of Common Stock issued or delivered to the Holder under or in connection herewith pursuant to Rule 144; 144 if six months have lapsed since the Original Issue Date, (iiiC) if this Warrant, the Warrant Shares or any other equity securities such share of Common Stock are eligible for sale under Rule 144(b)(1); , or (ivD) if such legend is not required under applicable requirements of the Securities Act (including judicial interpretations and pronouncements issued by the staff of the CommissionSEC) (collectively, the “Unrestricted Conditions”). If the Unrestricted Conditions are met at the time of the issuance of the Shares, the The Company shall cause its counsel, at its expense, counsel to issue a legal opinion to the Transfer Agent, Agent if required by such Transfer Agent to effect the issuance of Warrant Shares or the Shares or any other shares of equity securities Common Stock issuable or deliverable under or in connection with this Warrant, as applicable, without a restrictive legend or removal of the legend hereunder. If the Unrestricted Conditions are met at the time of issuance of this Warrant, the SharesWarrant Shares or such other shares of Common Stock, then this Warrant, Warrant Shares or other Common Stock, as the Shares case may be, shall be issued free of all legends.