Common use of Stock to be Issued Without Restrictive Legend Clause in Contracts

Stock to be Issued Without Restrictive Legend. After the expiration of the Restricted Period, upon the conversion of any Debenture by a person who is a non-U.S. Person, Seller shall instruct Seller's transfer agent to issue Stock Certificates without restrictive legend in the name of Buyer (or its nominee (being a non- U.S. Person) or such non-U.S. Persons as may be designated by Buyer prior to the closing) and in such denominations to be specified at conversion representing the number of shares of Common Stock issuable upon such conversion, as applicable it being understood that on the day following the expiration of the Restricted Period, the c) Securities will be held by a non-U.S. person. Seller warrants that no instructions other than these instructions and instructions to impose a `stop transfer'' instruction with respect to the certificates until the end of the Restricted Period have been given or will be given to the transfer agent and that the Common Stock shall otherwise be freely transferable on the books and records of Seller. Nothing in this Section 5, however, shall affect in any way Buyer's or such nominee's obligations and agreements to comply with all applicable securities laws upon resale of the Securities.

Stock to be Issued Without Restrictive Legend. After the expiration of the Restricted Period, upon the conversion of any Debenture by a person who is a non-U.S. Person, Seller shall instruct Seller's transfer agent to issue Stock Certificates without restrictive legend in the name of Buyer (or its nominee (being a non- U.S. Person) or such non-U.S. Persons as may be designated by Buyer prior to the closing) and in such denominations to be specified at conversion representing the number of shares of Common Stock issuable upon such conversion, as applicable it being understood that on the day following the expiration of the Restricted Period, the c) Securities will be held by a non-U.S. person. Seller warrants that no instructions other than these instructions and instructions to impose a `"stop transfer'' " instruction with respect to the certificates until the end of the Restricted Period have been given or will be given to the transfer agent and that the Common Stock shall otherwise be freely transferable on the books and records of Seller. Nothing in this Section 5, however, shall affect in any way Buyer's or such nominee's obligations and agreements to comply with all applicable securities laws upon resale of the Securities.