Common use of Reporting Requirements; Access to Records Clause in Contracts

Reporting Requirements; Access to Records. As long as the Purchaser holds at least five percent (5%) of its originally issued Series B Preferred Stock and the Company remains subject to the requirements of the Exchange Act, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act. The Company further agrees to make available to the Purchaser as long as the Purchaser holds Series B Preferred Stock representing at least five percent (5%) of the issued and outstanding shares of Common Stock on an as-converted basis, (i) such information as the Company is required to file or furnish to the Commission, within the time periods required by applicable law and regulations for filing or furnishing such information with the Commission, (ii) such information as it furnishes to its other shareholders as a class, (iii) unless otherwise requested by the Purchaser, such information as it furnishes to its Board and committee members, and (iv) reasonable access during normal business hours, upon reasonable advance notice, to all of the books, records and properties of the Company and its Subsidiaries, if any, and to all officers and employees of the Company and such Subsidiaries (which access shall be given to the Purchaser’s respective officers, employees, advisors, counsel and other authorized representatives).

Reporting Requirements; Access to Records. As long as the Purchaser holds Purchasers collectively hold at least five fifty percent (550%) of its originally issued the Series B C Preferred Stock purchased by them hereunder (and/or Common Stock issued upon conversion thereof, calculated on a Series C Preferred Stock equivalent basis) and the Company remains subject to the requirements of the Exchange Act, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act. The Company further agrees to make available to the Purchaser Purchasers as long as the Purchaser holds Series B Preferred Stock representing Purchasers collectively hold at least five fifty percent (550%) of the issued and outstanding shares of Series C Preferred Stock purchased by them hereunder (and/or Common Stock issued upon conversion thereof, calculated on an as-converted a Series C Preferred Stock equivalent basis, ) (i) such information as the Company is required to file or furnish to the Commission, within the time periods required by applicable law and regulations for filing or furnishing such information with the Commission, (ii) such information as it furnishes to its other shareholders as a class, (iii) unless otherwise requested by the Purchaser, such information as it furnishes to its Board and committee members, and (iv) reasonable access during normal business hours, upon reasonable advance notice, to all of the books, records and properties of the Company and its Subsidiaries, if any, and to all officers and employees of the Company and such Subsidiaries (which access shall be given to the Purchaser’s respective officers, employees, advisors, counsel and other authorized representatives).

Reporting Requirements; Access to Records. As long as the Purchaser an Investor holds Common Stock representing at least five percent (5%) of its originally the issued Series B Preferred and outstanding shares of Common Stock on a fully diluted basis, and the Company remains subject to the requirements of the Exchange Act, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) with the Commission all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act. The Company further agrees to make available to the Purchaser an Investor as long as the Purchaser such Investor holds Series B Preferred Common Stock representing at least five percent (5%) of the issued and outstanding shares of Common Stock on an as-converted a fully diluted basis, (i) such information as the Company is required to file or furnish to the Commission, within the time periods required by applicable law and regulations for filing or furnishing such information with the Commission, (ii) such information as it furnishes to its other shareholders stockholders as a class, and (iii) unless otherwise requested by the Purchaser, such information as it furnishes to its Board and committee members, and (iv) reasonable access during normal business hours, upon reasonable advance notice, to all of the books, records and properties of the Company and its Subsidiaries, if any, and to all officers and employees of the Company and such its Subsidiaries (which access shall be given to the Purchasersuch Investor’s respective officers, employees, advisors, counsel and other authorized representatives); provided, in all cases, that such Investor signs a non-disclosure agreement satisfactory to the Company prior to receiving such information or access and provided further that no such information or access is required to be given if it would (a) cause a waiver under the attorney-client privilege or attorney work product doctrines, (b) breach any government security clearances or (c) cause disclosure of any trade secrets or similar confidential proprietary information of the Company.

Reporting Requirements; Access to Records. As long as the any Purchaser holds at least five percent (5%) of its originally issued Series B C Preferred Stock and the Company remains subject to the requirements of the Exchange Act, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act. The Company further agrees to make available to the Purchaser as each of Xxxx Capital and Prides Capital for so long as the it holds at least five percent (5%) of its originally issued Series C Preferred Stock and any other Purchaser that holds Series B C Preferred Stock representing at least five percent (5%) of the issued and outstanding shares of Common Stock on an as-converted basis, (i) such information as the Company is required to file or furnish to the Commission, within the time periods required by applicable law and regulations for filing or furnishing such information with the Commission, (ii) such information as it furnishes to its other shareholders as a classshareholders, (iii) unless otherwise requested by the Xxxx Capital, Prides Capital or such Purchaser, such information as it furnishes to its Board and committee members, and (iv) reasonable access during normal business hours, upon reasonable advance notice, to all of the books, records and properties of the Company and its Subsidiaries, if any, and to all officers and employees of the Company and such Subsidiaries (which access shall be given to the Xxxx Capital, Prides Capital and any such Purchaser’s respective officers, employees, advisors, counsel and other authorized representatives).

Reporting Requirements; Access to Records. As long as the any Purchaser holds at least five percent (5%) of its originally issued Series B C Preferred Stock and the Company remains subject to the requirements of the Exchange Act, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act. The Company further agrees to make available to the Purchaser as each of Bxxx Capital and Prides Capital for so long as the it holds at least five percent (5%) of its originally issued Series C Preferred Stock and any other Purchaser that holds Series B C Preferred Stock representing at least five percent (5%) of the issued and outstanding shares of Common Stock on an as-converted basis, (i) such information as the Company is required to file or furnish to the Commission, within the time periods required by applicable law and regulations for filing or furnishing such information with the Commission, (ii) such information as it furnishes to its other shareholders as a classshareholders, (iii) unless otherwise requested by the Bxxx Capital, Prides Capital or such Purchaser, such information as it furnishes to its Board and committee members, and (iv) reasonable access during normal business hours, upon reasonable advance notice, to all of the books, records and properties of the Company and its Subsidiaries, if any, and to all officers and employees of the Company and such Subsidiaries (which access shall be given to the Bxxx Capital, Prides Capital and any such Purchaser’s respective officers, employees, advisors, counsel and other authorized representatives).

Reporting Requirements; Access to Records. As long as the any Purchaser holds at least five percent (5%) of its originally issued Series B New Preferred Stock and the Company remains subject to the requirements of the Exchange Act, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the date hereof pursuant to the Exchange Act. The Company further agrees to make available to the Purchaser as each of Xxxx Capital and Prides Capital for so long as the it holds at least five percent (5%) of its originally issued New Preferred Stock and any other Purchaser that holds Series B New Preferred Stock representing at least five percent (5%) of the issued and outstanding shares of Common Stock on an as-converted basis, (i) such information as the Company is required to file or furnish to the CommissionSEC, within the time periods required by applicable law and regulations for filing or furnishing such information with the CommissionSEC, (ii) such information as it furnishes to its other shareholders as a classshareholders, (iii) unless otherwise requested by the Xxxx Capital, Prides Capital or such Purchaser, such information as it furnishes to its Board and committee members, and (iv) reasonable access during normal business hours, upon reasonable advance notice, to all of the books, records and properties of the Company and its Subsidiaries, if any, and to all officers and employees of the Company and such Subsidiaries (which access shall be given to the Xxxx Capital, Prides Capital and any such Purchaser’s respective officers, employees, advisors, counsel and other authorized representatives).