Common use of AMENDMENT TO PLAN Clause in Contracts

AMENDMENT TO PLAN. Concurrently with or promptly following the C-2 Closing, the Company and each Investor shall take such actions as are necessary to increase the available option pool under the Company’s Amended and Restated 2007 Equity Incentive Plan to equal approximately ten and one-quarter percent (10.25%) of the Company’s fully diluted capitalization after giving effect to the issuance and sale of Series C Preferred and the warrants exercisable for Series C Preferred pursuant to the Purchase Agreement.