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 (a) all Warrant Shares willShares, upon issuanceissuance in accordance with the terms hereof, and the payment of the purchase price therefor, will 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 thereofthereof other than those created by or arising through Holder, except as otherwise provided in (b) the Plan. The Company further covenants and agrees that it will from time to time take all actions required necessary 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 applicable Warrant Price. The Company further covenants , and agrees that, during the Exercise Period, (c) the Company will at all times during the exercise period have authorized and reserved sufficient shares of New Common Stock to provide for the exercise of this Warrant the Warrants 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.