Common use of Tacking Clause in Contracts

Tacking. Subject to the truth and accuracy of the Investor’s representations set forth in Section 4 of this Agreement, the parties acknowledge and agree that in accordance with Section 3(a)(9) of the Securities Act, the Exchange Securities issued in Exchange for the Bridge Debentures will tack back to the original issue dates of each such Bridge Debentures pursuant to Rule 144 and the Company agrees not to take a position to the contrary.

Tacking. Subject to the truth and accuracy of the Investor’s representations set forth in Section 4 of this Agreement, the parties acknowledge and agree that in accordance with Section 3(a)(93(a) (9) of the Securities Act, the Exchange Securities issued in Exchange exchange for the Bridge Debentures will tack back to the original issue dates of each such Bridge Debentures of the Existing Securities pursuant to Rule 144 and the Company agrees not to take a position to the contrary.

Tacking. Subject to the truth and accuracy of the Investor’s representations set forth in Section 4 of this Agreement, the parties acknowledge and agree that in accordance with Section 3(a)(9) of the Securities Act, the Exchange Securities (assuming cashless exercise of the Warrants) issued in Exchange for the Bridge Debentures will tack back to the original issue dates date of each such Bridge Debentures pursuant to Rule 144 and the Company agrees not to take a position to the contrary.

Tacking. Subject to the truth and accuracy of the Investor’s representations set forth in Section 4 of this Agreement, the parties acknowledge and agree that in accordance with Section 3(a)(9) of the Securities Act, the Exchange Securities issued in Exchange for the Bridge Debentures will tack back to the original issue dates of each such Bridge Debentures pursuant to Rule 144 and the Company agrees not to take a position to the contrary.