Common use of Underlying Securities Clause in Contracts

Underlying Securities. The maximum number of shares of Underlying Common Stock initially issuable upon conversion of the Note (based on “Fixed Conversion Rate” as defined in the Note) have been duly authorized and reserved and the Company shall duly authorize and reserve the maximum number of Underlying Securities as may be issuable from time to time under the Note. When and, to the extent issued upon conversion of the Note in accordance with its terms, any Underlying Securities will be validly issued, fully paid and non-assessable, and the issuance of any Underlying Securities will not be subject to any preemptive or similar rights.

Underlying Securities. The maximum number of shares of Underlying Common Stock initially Securities issuable upon conversion of the Convertible Note (based on “Fixed Conversion Rate” as defined in the Note) have been duly authorized and reserved and the Company shall will duly authorize and reserve the maximum number of Underlying Securities as may be issuable from time to time under the NoteAdditional Notes. When and, to the extent issued upon conversion of the Note in accordance with its terms, any Any Underlying Securities will be validly issued, fully paid and non-assessable, when and to the extent issued upon conversion of the Convertible Note and the Additional Notes in accordance with their respective terms, and the issuance of any Underlying Securities will not be subject to any preemptive or similar rights.