Common use of Due Authority Clause in Contracts

Due Authority. The execution and delivery by the Company of this Warrant and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunder, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does not violate the Company’s Charter or Bylaws; (ii) does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock and the Common Stock into which it may be converted, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i1) does not violate the Company’s Charter or Bylawscurrent bylaws; (ii2) does not contravene any law or governmental rule, regulation or order applicable to the Companyit; and (iii3) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Common Stock and the Common Stock into which it may be converted, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i1) does not violate the Company’s Charter or Bylawscurrent bylaws; (ii2) does not contravene any law or governmental rule, regulation or order applicable to the Companyit; and (iii3) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this Warrant and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder Holder of the Warrant Shares issuable hereunderright to acquire the Underlying Securities into which it may be converted, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does not violate the Charter or the Company’s Charter or Bylawscurrent bylaws; (ii) does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loans and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loans and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms, subject to applicable bankruptcy, insolvency, reorganization or other similar laws affecting the enforceability.

Due Authority. The execution and delivery by the Company of this Warrant and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder Holder of the Warrant Shares issuable hereunderright to acquire the shares of Designated Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant is not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) , does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) it, does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement , and this Warrant constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its respective terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder Holder of the Warrant Shares issuable hereunderright to acquire Shares, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does not violate Warrant is consistent with the Company’s Charter or Bylaws; (ii) 's Amended and Restated Articles of Incorporation, and does not contravene any law or governmental rule, regulation or order applicable to the Company; it, and (iii) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement Warrant constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Common Stock, have been duly authorized by all necessary corporate action on the part of the Company. This The execution and delivery by the Company of this Agreement: (i1) does not violate the Company’s Charter or Bylawscurrent bylaws; (ii2) does not contravene any law or governmental rule, regulation or order applicable to the Companyit; and (iii3) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement constitutes a the legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to the Warrantholder of the Warrant Shares issuable hereunder, right to acquire the shares of Common Stock have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does not violate the Charter or the Company’s Charter or Bylawscurrent bylaws; (ii) does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Common Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loans and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loans and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all ail obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loans and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loans and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does ., do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does Company and this Warrant Agreement is not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , this Warrant Agreement constitutes constitute a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, mortgage contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Common Stock and the Common Stock into which it may be converted, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i1) does not violate the Company’s Charter or Bylawscurrent bylaws; (ii2) does not contravene any law or governmental rule, regulation or order applicable to the Companyit; and (iii3) does not and will not contravene any provision of, or constitute a default under, any material indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms, subject to bankruptcy and other similar laws.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunder, right to acquire the shares of Common Stock have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , are not violate inconsistent with the Company’s Charter 's Certificate of Incorporation or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does , do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company is a party or by which it the Company is bound. This Warrant Agreement constitutes a legal, valid and binding agreement of the Company, enforceable against the Company in accordance with its terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to, acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loans and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loans and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.by

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Common Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loans and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loans and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable against the Company in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loan and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loan and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunder, right to acquire the shares of Preferred Stock and the Common Stock into which it may be converted have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i1) does not violate the Company’s Charter or Bylawscurrent bylaws; (ii2) does not contravene any law or governmental rule, regulation or order applicable to the Companyit; and (iii3) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant Agreement is not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) , does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) it, does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and this Warrant Agreement constitutes a the legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this Warrant and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the Shares, have been duly authorized by all necessary corporate action on the part of the Company. This AgreementThe Loan Agreement and this Warrant: (i1) does are not violate inconsistent with the Company’s Charter or Bylawscurrent bylaws; (ii2) does do not contravene any law or governmental rule, regulation or order applicable to the Companyit; and (iii3) does do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This The Loan Agreement constitutes a and this Warrant constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Me Company hereunder, including the issuance Issuance to Warrantholder of the right to acquire the shares of Warrant Shares issuable hereunderStock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate consistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does k do not and will not contravene any provision of, or constitute a default under, any indentureIndenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, . enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant and the performance of all obligations of the Company hereunder, including the issuance to the Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Common Stock, have been duly authorized by all necessary corporate action on the part of the Company. This AgreementWarrant: (i1) does is not violate inconsistent with the Company’s Charter or Bylaws; (ii2) does not contravene any law or governmental rule, regulation or order applicable to the Companyit; and (iii3) does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement Warrant constitutes a legal, valid and binding agreement of the Company, enforceable against it in accordance with its terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Common Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and this Warrant Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its respective terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the right to acquire the shares of Warrant Shares issuable hereunderStock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loan Agreement and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a material default under, any material indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loan Agreement constitutes a and this Warrant Agreement constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene contra-vene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the Shares, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant are not violate inconsistent with the Company’s Charter 's Certificate of Incorporation or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, to its knowledge do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunder, right to acquire the shares of Preferred Stock have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does bylaws, do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant Agreement is not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) , does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) it, does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and this Warrant Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene contra- vene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder the Warrant Holders of the Warrants representing the right to acquire the Warrant Shares issuable hereunderShares, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant Agreement is not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) , does not contravene any law or of governmental rule, regulation or order applicable to the Company; and (iii) it, does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and this Warrant Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant Agreement is not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) , does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) it, does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and this Warrant Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loans and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, under any indenture, mortgage, contract or other instrument to which the Company it is a 16 party or by which it is bound. This , and the Loans and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This , and the Loan Agreement: (i) does , Note and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loan Agreement, Note and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loans and Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loans and Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement of agreements to the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the share's of Common Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the right to acquire the shares of Warrant Shares issuable hereunderStock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a material default under, any material indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant ------------- Wan-ant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loans and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company is a party or by which it is bound. This Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.a

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant Agreement is not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) , does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) it, does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and this Warrant Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable against the Company in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s Charter 's charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant Agreement is not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) , does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) it, does not and will not contravene any provision of, or constitute a default under, any material indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and this Warrant Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this Warrant and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder Registered Holder or Purchaser of the right to acquire Warrant Shares issuable hereunderShares, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant is not violate inconsistent with the Company’s Charter or Bylaws; (ii) 's Amended and Restated Articles of Incorporation, does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) it, does not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This Agreement , and this Warrant constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its respective terms.

Due Authority. The execution and delivery by the Company of this -------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and this Warrant Agreement is not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) , does not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) it, does not and will not contravene any provision of, or constitute a default under, any material indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and this Warrant Agreement constitutes a legal, valid and binding agreement of the Company, enforceable in accordance with its terms.

Due Authority. The execution and delivery by the Company of this ------------- Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Leases and this Warrant Agreement are not violate inconsistent with the Company’s Charter 's Articles or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Leases and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.

Due Authority. The execution and delivery by the Company of this Warrant Agreement and the performance of all obligations of the Company hereunder, including the issuance to Warrantholder of the Warrant Shares issuable hereunderright to acquire the shares of Preferred Stock, have been duly authorized by all necessary corporate action on the part of the Company. This Agreement: (i) does , and the Loan and this Warrant Agreement are not violate inconsistent with the Company’s 's Charter or Bylaws; (ii) does , do not contravene any law or governmental rule, regulation or order applicable to the Company; and (iii) does it, do not and will not contravene any provision of, ; or constitute a default under, any indenture, mortgage, contract or other instrument to which the Company it is a party or by which it is bound. This , and the Loan and this Warrant Agreement constitutes a constitute legal, valid and binding agreement agreements of the Company, enforceable in accordance with its their respective terms.