Common use of Section 9 – Definition of Additional Shares of Common Stock Clause in Contracts

Section 9 – Definition of Additional Shares of Common Stock. The definition of “Additional Shares of Common Stock” contained in Section 9 of the Series D Warrant shall be amended to (a) delete the word “and” immediately prior to clause (vii); and (b) add new clauses (viii) and (ix) at the end of such definition, which provides additional exclusions to such definition as follows: “(viii) any convertible securities issued by the Issuer in connection with the exchange of any Warrants for such convertible securities (which exchange is approved by the Majority Holders); and (ix) any securities issued by the Issuer pursuant to the conversion of convertible securities issued in connection with the exchange of any Warrants for such convertible securities (which exchange is approved by the Majority Holders).”

Section 9 – Definition of Additional Shares of Common Stock. The definition of “Additional Shares of Common Stock” contained in Section 9 of the Series D C Warrant shall be amended to (a) delete the word “and” immediately prior to clause (vii); and (b) add new clauses (viii) and (ix) at the end of such definition, which provides additional exclusions to such definition as follows: “(viii) any convertible securities issued by the Issuer in connection with the exchange of any Warrants for such convertible securities (which exchange is approved by the Majority Holders); and (ix) any securities issued by the Issuer pursuant to the conversion of convertible securities issued in connection with the exchange of any Warrants for such convertible securities (which exchange is approved by the Majority Holders).”

Section 9 – Definition of Additional Shares of Common Stock. The definition of “Additional Shares of Common Stock” contained in Section 9 of the Series D B Warrant shall be amended to (a) delete the word “and” immediately prior to clause (vii); and (b) add new clauses (viii) and (ix) at the end of such definition, which provides additional exclusions to such definition as follows: “(viii) any convertible securities issued by the Issuer in connection with the exchange of any Warrants for such convertible securities (which exchange is approved by the Majority Holders); and (ix) any securities issued by the Issuer pursuant to the conversion of convertible securities issued in connection with the exchange of any Warrants for such convertible securities (which exchange is approved by the Majority Holders).”

Section 9 – Definition of Additional Shares of Common Stock. The definition of “Additional Shares of Common Stock” contained in Section 9 of the Series D J Warrant shall be amended to (a) delete the word “and” immediately prior to clause (vii); and (b) add new clauses (viii) and (ix) at the end of such definition, which provides additional exclusions to such definition as follows: “(viii) any convertible securities issued by the Issuer in connection with the exchange of any Warrants for such convertible securities (which exchange is approved by the Majority Holders); and (ix) any securities issued by the Issuer pursuant to the conversion of convertible securities issued in connection with the exchange of any Warrants for such convertible securities (which exchange is approved by the Majority Holders).”

Section 9 – Definition of Additional Shares of Common Stock. The definition of “Additional Shares of Common Stock” contained in Section 9 of the Series D A Warrant shall be amended to (a) delete the word “and” immediately prior to clause (vii); and (b) add new clauses (viii) and (ix) at the end of such definition, which provides additional exclusions to such definition as follows: “(viii) any convertible securities issued by the Issuer in connection with the exchange of any Warrants for such convertible securities (which exchange is approved by the Majority Holders); and (ix) any securities issued by the Issuer pursuant to the conversion of convertible securities issued in connection with the exchange of any Warrants for such convertible securities (which exchange is approved by the Majority Holders).”