Common use of Tacking Clause in Contracts

Tacking. Subject to the truth and accuracy of the Investor’s representations set forth in Section 6 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 Existing Securities will tack back to the original issue dates of each 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 6 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 Existing Securities Exchange will tack back to the original issue dates of each date 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 6 5 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 Existing Securities Warrants will tack back to the original issue dates of each date of the Existing Securities Warrants 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 6 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 Existing Securities 144 Warrants will tack back to the original issue dates date of each of the Existing Securities such 144 Warrants 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 6 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 for the Existing Securities will tack back to the original issue dates of each of the Existing Securities pursuant to Rule 144 and the Company agrees not to take a position to the contrary.