Common use of Shares to be Issued; Reservation of Shares Clause in Contracts

Shares to be Issued; Reservation of Shares. The Company covenants and agrees that all Warrant Shares will, upon issuance, be duly authorized, validly issued and outstanding, fully paid and non-assessable, and free from all taxes, liens and charges with respect to the issuance thereof, except as otherwise provided in the Plan. The Company further covenants and agrees that it will from time to time take all actions required to assure that the par value per share of the New Common Stock is at all times equal to or less than the effective Exercise Price. The Company further covenants and agrees that, during the Exercise Period, the Company will at all times have authorized and reserved sufficient shares of New Common Stock to provide for the exercise of this Warrant in full.

Shares to be Issued; Reservation of Shares. The Company covenants and agrees that all Warrant Option Shares will, upon issuance, be duly authorized, validly issued and outstanding, fully paid and non-assessable, and free from all taxes, liens and charges with respect to the issuance thereof, except as otherwise provided in the PlanSecurities Purchase Agreement. The Company further covenants and agrees that it will from time to time take all actions required to assure that the par value per share of the New Common Stock is at all times equal to or less than the effective Exercise Price. The Company further covenants and agrees that, during the Exercise Period, the Company will at all times have authorized and reserved sufficient shares of New Common Stock to provide for the exercise of this Warrant Option in full.