Common use of Stock Certificates or DWAC Clause in Contracts

Stock Certificates or DWAC. The Company will deliver to the Holder not later than five (5) Trading Days after a particular Conversion Date, a certificate or certificates, which shall be free of restrictive legends and trading restrictions (except to the extent permitted under Section 6.12 of the Purchase Agreement), for the number of shares of Common Stock issuable upon such conversion of this Note. In lieu of delivering physical certificates for the shares of Common Stock issuable upon any conversion of this Note, provided the Company's transfer agent is participating in the Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Holder, the Company shall use commercially reasonable efforts to cause its transfer agent electronically to transmit such shares issuable upon conversion to the Holder (or its designee), by crediting the account of the Holder's (or such designee's) broker with DTC through its Deposit Withdrawal Agent Commission system (provided that the same time periods herein as for stock certificates shall apply). If in the case of any conversion hereunder, such shares are not delivered to or as directed by the Holder by the third Trading Day after the applicable Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its receipt of such shares, to rescind such conversion, in which event the Company shall immediately return this Note to the Holder if the Holder has tendered it to the Company in connection with such conversion. If the Holder notifies the Company that the Holder has not received such shares (free of any restrictions

Stock Certificates or DWAC. The Company will deliver to the Holder not later than five three (53) Trading Days after a particular the Conversion Date, a certificate or certificates, certificates (which certificate(s) shall be free of restrictive legends and trading restrictions (restrictions, except to the extent permitted required under Section 6.12 of the Purchase Agreement), for applicable law) representing the number of shares of Common Stock issuable being acquired upon such the conversion of this Note. In lieu of delivering physical certificates for representing the shares of Common Stock issuable upon any conversion of this Note, provided the Company's transfer agent is participating in the Depository Trust Company ("“DTC"”) Fast Automated Securities Transfer ("“FAST"”) program, upon request of the Holder, the Company shall use commercially reasonable efforts to cause its transfer agent to electronically to transmit such shares issuable upon conversion to the Holder (or its designee), by crediting the account of the Holder's ’s (or such designee's’s) prime broker with DTC through its Deposit Deposits and Withdrawal Agent Commission system at Custodian (DWAC) program (provided that the same time periods herein as for stock certificates shall apply). If in the case of any conversion hereunder, such shares certificate or certificates are not delivered to or as directed by the Holder by the third fifth Trading Day after the applicable Conversion Date, the Holder shall be entitled by written notice to the Company at any time on or before its receipt of such sharescertificate or certificates thereafter, to rescind such conversion, in which event the Company shall immediately return this Note to the Holder if the Holder has tendered it to the Company in connection with such for conversion. If the Holder notifies the Company that fails to deliver to the Holder has not received such certificate or certificates (or shares through DTC) pursuant to this Section 3(b) (free of any restrictionsrestrictions on transfer or legends) in accordance herewith, prior to the eighth Trading Day after the Conversion Date, the Company shall pay to the Holder as liquidated damages, in cash, an amount equal to 2% of the Principal Amount per month.