Common use of Waiver Shares Clause in Contracts

Waiver Shares. Subject to the terms and conditions of this Agreement, Seller hereby agrees to issue to Purchaser and Purchaser hereby agrees to waive the provisions of Section 4.19 of the Securities Purchase Agreement in connection with the February Offering in consideration of the issuance to Purchaser of 170,000 shares of the Seller’s common stock (the “Waiver Shares”). On the date hereof the Seller shall transfer the Waiver Shares to the Purchaser by crediting the account of the Purchaser’s broker (the “Prime Broker”) with the Depository Trust Company through its Deposit Withdrawal Agent Commission system in accordance with instructions annexed hereto. The issuance of the Waiver Shares to the Purchaser is solely in connection with the waiver by the Purchase of its rights under Section 4.19 in connection with the February Offering and such waiver does not constitute a waiver of (i) the Purchaser’s rights under Section 4.19 in connection with any other issuance of the Seller’s securities or (ii) any other rights of Purchaser pursuant to the Securities Purchase Agreement. Except as otherwise provided herein, the Securities Purchase Agreement is unmodified and in full force and effect.

Waiver Shares. Subject to the terms and conditions of this Agreement, Seller hereby agrees to issue to Purchaser and Purchaser hereby agrees to waive the provisions of Section 4.19 of the Securities Purchase Agreement in connection with the February Offering in consideration of the issuance to Purchaser of 170,000 200,000 shares of the Seller’s common stock (the “Waiver Shares”). On the date hereof the Seller shall transfer the Waiver Shares to the Purchaser by crediting the account of the Purchaser’s broker (the “Prime Broker”) with the Depository Trust Company through its Deposit Withdrawal Agent Commission system in accordance with instructions annexed hereto. The issuance of the Waiver Shares to the Purchaser is solely in connection with the waiver by the Purchase of its rights under Section 4.19 in connection with the February Offering and such waiver does not constitute a waiver of (i) the Purchaser’s rights under Section 4.19 in connection with any other issuance of the Seller’s securities or (ii) any other rights of Purchaser pursuant to the Securities Purchase Agreement. Except as otherwise provided herein, the Securities Purchase Agreement is unmodified and in full force and effect.

Waiver Shares. Subject to the terms and conditions of this Agreement, Seller hereby agrees to issue to Purchaser and Purchaser hereby agrees to waive the provisions of Section 4.19 of the Securities Purchase Agreement in connection with the February Offering in consideration of the issuance to Purchaser of 170,000 20,000 shares of the Seller’s common stock (the “Waiver Shares”). On the date hereof the Seller shall transfer the Waiver Shares to the Purchaser by crediting the account of the Purchaser’s broker (the “Prime Broker”) with the Depository Trust Company through its Deposit Withdrawal Agent Commission system in accordance with instructions annexed hereto. The issuance of the Waiver Shares to the Purchaser is solely in connection with the waiver by the Purchase of its rights under Section 4.19 in connection with the February Offering and such waiver does not constitute a waiver of (i) the Purchaser’s rights under Section 4.19 in connection with any other issuance of the Seller’s securities or (ii) any other rights of Purchaser pursuant to the Securities Purchase Agreement. Except as otherwise provided herein, the Securities Purchase Agreement is unmodified and in full force and effect.

Waiver Shares. Subject to the terms and conditions of this Agreement, Seller hereby agrees to issue to Purchaser and Purchaser hereby agrees to waive the provisions of Section 4.19 of the Securities Purchase Agreement in connection with the February Offering in consideration of the issuance to Purchaser of 170,000 30,000 shares of the Seller’s common stock (the “Waiver Shares”). On the date hereof the Seller shall transfer the Waiver Shares to the Purchaser by crediting the account of the Purchaser’s broker (the “Prime Broker”) with the Depository Trust Company through its Deposit Withdrawal Agent Commission system in accordance with instructions annexed hereto. The issuance of the Waiver Shares to the Purchaser is solely in connection with the waiver by the Purchase of its rights under Section 4.19 in connection with the February Offering and such waiver does not constitute a waiver of (i) the Purchaser’s rights under Section 4.19 in connection with any other issuance of the Seller’s securities or (ii) any other rights of Purchaser pursuant to the Securities Purchase Agreement. Except as otherwise provided herein, the Securities Purchase Agreement is unmodified and in full force and effect.