Common use of Warrant Rights Clause in Contracts

Warrant Rights. Subject to the approval and filing of the Amended and -------------- Restated Articles, the Company covenants and agrees that, during the term of this Agreement and so long as any Warrant is outstanding, (a) the Company will at all times have authorized and reserved a sufficient number of shares of Common Stock and Other Securities (if any), to provide for the exercise in full of the rights represented by the Warrants and the exercise in full of the rights of the Holders under this Agreement and the Other Agreements, (b) the Company will not increase or permit to be increased the par value per share or stated capital of the Issuable Warrant Shares or the consideration receivable upon issuance of its Issuable Warrant Shares and (c) if the exercise of the Warrant would require the payment by the Holder of consideration for the Common Stock or Other Securities (if any) receivable upon such exercise of less than the par or stated value of such Issuable Warrant Shares, then the Company will promptly take such action as may be necessary to change the par or stated value of such Issuable Warrant Shares to an amount less than or equal to such consideration.

Warrant Rights. Subject to the approval and filing of the Amended and -------------- Restated Articles, the The Company covenants and agrees that, that during the term of this Agreement and so long as any Warrant is outstanding, (a) the Company will at all times have authorized and reserved a sufficient number of shares of Series D Convertible Preferred Stock and Common Stock and Other Securities (if any), to provide for the exercise in full of the rights represented by the Warrants and the exercise in full of the other rights of the Holders under this Agreement and the Other Agreements, Holders; (b) the Company will not increase or permit to be increased the par value per share or stated capital of the Issuable Warrant Shares or the consideration receivable upon issuance of its Issuable Warrant Shares Shares, subject to adjustments made in accordance with the provision of Section 2.12 of this Agreement; and (c) if in the event that the exercise of the Warrant Warrants would require the payment by the Holder of consideration for the Series D Convertible Preferred Stock and/or Common Stock or Other Securities (if any) receivable upon such exercise of less than the par or stated value of such Issuable Warrant Shares, then the Company will promptly take such action as may be necessary to change the par or stated value of such Issuable Warrant Shares to an amount less than or equal to such consideration.

Warrant Rights. Subject to the approval and filing of the Amended and -------------- Restated Articles, the The Company covenants and agrees that, that during the term of this Agreement and so long as any the Priority Warrant is outstanding, (a) the Company will at all times have (except as described in the next clause of this Subsection (a)) authorized and reserved a sufficient number of shares of Common Stock and Other Securities (if any)Securities, to provide for the exercise in full of the rights represented by the Warrants Priority Warrant and the exercise in full of the rights of the Holders under this Agreement and the Other AgreementsShareholder Agreements and Priority Shareholder Agreement; and to that end will use its diligent best efforts to obtain the approvals described in Section 4.13(b) below to amend the Certificate increasing the number of authorized shares of Common Stock as contemplated in Section 4.13 below as soon as possible, but in no event later than July 15, 1998, and to issue the Priority Warrant to Rice; (b) the Company will not increase or permit to be increased the par value per share or stated capital of the Issuable Warrant Shares or the consideration receivable upon issuance of its Issuable Warrant Shares Shares; and (c) if in the event that the exercise of the Priority Warrant would require the payment by the Holder Holders of consideration for the Common Stock or Other Securities (if any) receivable upon such exercise of less than the par or stated value of such Issuable Warrant Shares, then the Company and the Shareholder will promptly take such action as may be necessary to change the par or stated value of such Issuable Warrant Shares to an amount less than or equal to such consideration.