Common use of Sale of Additional Shares Clause in Contracts

Sale of Additional Shares. At any time and from time to time after the Closing Date, the Company may sell, on the same terms and conditions as those contained in this Agreement, without obtaining the signature, consent or permission of any of the Purchasers, up to $35,000,000 worth of additional shares of the Company’s Common Stock (the “Additional Shares”), to one or more purchasers (the “Additional Purchasers”) in additional closings (each, an “Additional Closing”) at a price per share equal to the greater of (a) the last occurring consolidated closing bid price per share on The NASDAQ Stock Market (“The NASDAQ Stock Market”) prior to such Additional Purchaser’s entry into this Agreement and (b) book value per share (as defined under The NASDAQ Stock Market rules), plus $0.01, provided that (i) each such subsequent sale is consummated prior to 90 days after the Closing Date, and (ii) each Additional Purchaser shall become a party to the Transaction Agreements (as defined below), by executing and delivering a counterpart signature page to each of the Transaction Agreements. In connection with the purchase of Additional Shares by an Additional Purchaser pursuant to this Section 2.3, such Additional Purchaser shall additionally receive at the applicable Additional Closing a Warrant to acquire up to that number of additional shares of Common Stock as determined pursuant to Article 6 of this Agreement. Schedule I hereto shall be updated to reflect the number of Additional Shares and Warrants purchased at each such Additional Closing and the parties purchasing such Additional Shares and Warrants.

Sale of Additional Shares. At any time and from time to time after After the Closing DateInitial Closing, the Company may sell, on the same terms and conditions as those contained in this AgreementAgreement (subject to appropriate adjustments for stock splits, without obtaining share dividends, combinations and other recapitalizations affecting the signature, consent or permission of any of the PurchasersShares), up to $35,000,000 worth of additional shares the balance of the Company’s Common Stock Shares not sold at the Initial Closing (the “Additional Shares”), to ) at one or more purchasers subsequent Closings on a date or dates occurring no later than December 28, 2011, to such Persons as may be approved by the Board of Directors (the “Additional Purchasers”) in additional closings (each, an “Additional Closing”) at a price per share equal to the greater of (a) the last occurring consolidated closing bid price per share on The NASDAQ Stock Market (“The NASDAQ Stock Market”) prior to such Additional Purchaser’s entry into this Agreement and (b) book value per share (as defined under The NASDAQ Stock Market rules), plus $0.01, provided that (i) each such subsequent sale is consummated prior to 90 days after the Closing Date, and (ii) each . Each Additional Purchaser shall become a party to this Agreement, and the Transaction Agreements (Amended and Restated Investors’ Rights Agreement, the Amended and Restated Right of First Refusal and Co-Sale Agreement and the Amended and Restated Voting Agreement and shall have the rights and obligations as defined below)a “Purchaser” hereunder and as a “Holder” and “Investor” thereunder. Upon the consummation of any such purchase and sale, Exhibit A shall be amended by executing and delivering a counterpart signature page the Company to each add the name of the Transaction Agreements. In connection with the purchase of Additional Shares by an Additional Purchaser pursuant to this Section 2.3, any such Additional Purchaser shall additionally receive at the applicable Additional Closing a Warrant to acquire up to that number of additional shares of Common Stock as determined pursuant to Article 6 of this Agreement. Schedule I hereto shall be updated to reflect and the number of Additional Shares and Warrants purchased at each by such Additional Closing and the parties purchasing such Additional Shares and WarrantsPurchaser.