Common use of Commitment Warrants Clause in Contracts

Commitment Warrants. In consideration hereof, following the execution of the Letter of Agreement dated on or about April 4, 2000 between the Company and the Investor, the Company issued and delivered to Investor or its designated assignees, warrants (the "Commitment Warrants") in the form attached hereto as EXHIBIT U, or such other form as agreed upon by the parties, to purchase 445,000 shares of Common Stock. Each Commitment Warrant shall be immediately exercisable at the Commitment Warrant Exercise Price as defined in the Commitment Warrant, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. The Investment Commitment Opinion of Counsel shall cover the issuance of the Commitment Warrant and the issuance of the common stock upon exercise of the Commitment Warrant. Notwithstanding any Termination or Automatic Termination of this Agreement, regardless of whether or not the Registration Statement is or is not filed, and regardless of whether or not the Registration Statement is approved or denied by the SEC, the Investor shall retain full ownership of the Commitment Warrant as consideration for its commitment hereunder.

Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about April 4February 6, 2000 2001 between the Company and the Investor, the Company issued and delivered to Investor or its designated assignees, warrants (the "Commitment Warrants") in the form attached hereto as EXHIBIT UP, or such other form as agreed upon by the parties, to purchase 445,000 a number of shares of Common StockStock equal to 7% of the number of fully diluted outstanding shares of Common Stock after accounting for the Merger. Each Commitment Warrant shall be immediately exercisable at the Commitment Warrant Exercise Price as defined in the Commitment Warrantaccordance with its terms, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. The Investment Commitment Opinion of Counsel shall cover the issuance of the Commitment Warrant and the issuance of the common stock upon exercise of the Commitment Warrant. Notwithstanding any Termination or Automatic Termination of this Agreement, regardless of whether or not the Registration Statement is or is not filed, and regardless of whether or not the Registration Statement is approved or denied is not declared effective by the SEC, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder.