Common use of Early Expiration Clause in Contracts

Early Expiration. In the event that following the Effective Date ---------------- of the Registration statement (as defined in the Registration Rights Agreement), the Closing Bid Price (as defined herein) of the Common Stock during any period of five (5) consecutive Trading Days (as defined in the Securities Purchase Agreement) is equal to or greater than $2.00 (subject to adjustment as provided herein) (the "First Expiration Trigger Event") or is equal to or greater than ------------------------------ $3.00 (subject to adjustment as provided herein) (the "Second Expiration Trigger ------------------------- Event"), the Company may deliver to the Holder at any time that the Closing Bid ----- Price equals or exceeds $2.00 in the case of the First Expiration Trigger Event or $3.00 in the case of the Second Expiration Trigger Event, written notice (the "Early Expiration Notice") that the Warrant shall expire for up to an aggregate ----------------------- of one-third (1/3 rd) of the Initial Shares for each of the First Expiration Trigger Event and Second Expiration Trigger Event. In the event that the Company delivers to the Holder an Early Expiration Notice in accordance with the foregoing, this Warrant shall expire with respect to the number of shares indicated in the Early Expiration Notice on the date (the "Early Expiration ---------------- Date") which is thirty (30) Business Days following the Business Day on which ---- such Early Expiration Notice is delivered to the Holder. The Company may give more than one Early Expiration Notice with respect to each of the First Expiration Trigger Event and Second Expiration Trigger Event so long as the aggregate number of shares subject to all such notices for each of the First and Second Expiration Trigger Events does not exceed one-third (1/3 rd) of the Initial Shares. The "Closing Bid Price" shall mean, with respect to the Common ----------------- Stock, the Closing Bid Price for the Common Stock occurring on a given Trading Day on the principal securities exchange or trading market where such security is listed or traded as reported by Bloomberg Financial Markets ("Bloomberg") or, if Bloomberg is not then reporting such prices, by a comparable reporting service of national reputation selected by the Company or if the foregoing does not apply, the last reported bid price of such security in the over- the-counter market on the electronic bulletin board for such security as reported by Bloomberg or, if no bid price is reported for such security by Bloomberg, the average of the bid prices of all market makers for such security as reported in the "pink sheets" by the National Quotation Bureau, Inc.

Early Expiration. In the event that following the Effective Date one ---------------- hundred eightieth-day anniversary of the Registration statement (as defined in the Registration Rights Agreement)Issue Date, the Closing Bid Price (as defined hereinin the Securities Purchase Agreement) of the Common Stock during any period of five ten (510) consecutive Trading Days (as defined in the Securities Purchase Agreement) is equal to or greater than $2.00 7.50 (subject to adjustment as provided herein) (the an "First Expiration Trigger Event") or is equal to or greater than ------------------------------ $3.00 (subject to adjustment as provided herein) (the "Second Expiration Trigger ------------------------- Event"), the ------------------------ Company may deliver to the Holder at any time that Holder, within five (5) business days following the Closing Bid ----- Price equals or exceeds $2.00 in the case occurrence of the First Expiration Trigger Event or $3.00 in the case of the Second an Expiration Trigger Event, and as long as each of the Resale Conditions (as defined below) have been satisfied, a written notice to such effect (the a "Early Expiration Notice") that the Warrant shall expire for up to an aggregate ----------------------- of one-third (1/3 rd) of the Initial Shares for each of the First Expiration Trigger Event and Second Expiration Trigger Event. In the event that the Company delivers to the Holder an Early Expiration Notice in accordance with the foregoing, this Warrant shall expire with respect to the number of shares indicated in the Early Expiration Notice on the date (the ----------------- "Early Expiration ---------------- Date") which is thirty (30) Business Trading Days following the Business Day --------------------- business day on which ---- such Early Expiration Notice is delivered to the Holder. The Company may give more than one Early Expiration Notice with respect to each , provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (30) Trading Days as a result of the First Expiration Trigger Event and Second Expiration Trigger Event so long as the aggregate number of shares subject to all such notices for each of the First and Second Expiration Trigger Events does not exceed one-third (1/3 rd) of the Initial Shares. The "Closing Bid Price" shall meanlimitations set forth in Section 4 hereof, then with respect to the Common ----------------- Stockportion of the Warrant that can not be so exercised, the Closing Bid Price Early Expiration Date shall be extended until twenty (20) Business Days after such portion of the Warrant can be exercised in its entirety. The "Resale Conditions" are as follows: (I) either ----------------- (A) the Registration Statement (as defined in the Registration Rights Agreement between the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective and, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration ---------------- Period"), has been available for the Common resale of (i) all of the Warrant Shares ------ into which this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of 129 the Preferred Shares (each as defined in the Series C-1 Preferred Stock occurring Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on a given the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day on of the principal securities exchange Early Expiration Period, such Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (II) no Mandatory Redemption Event (as defined in the Series C-1 Preferred Stock Articles of Amendment) (or trading market where such security an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is listed continuing at any time during the Early Expiration Period. Notwithstanding the foregoing, the Holder may exercise all or traded as reported any part of this Warrant at the then effective Exercise Price by Bloomberg Financial Markets ("Bloomberg") or, if Bloomberg is not then reporting such prices, by a comparable reporting service of national reputation selected by delivering an Exercise Notice to the Company or if at any time prior to the foregoing does not apply, the last reported bid price of such security in the over- the-counter market on the electronic bulletin board for such security as reported by Bloomberg or, if no bid price is reported for such security by Bloomberg, the average of the bid prices of all market makers for such security as reported in the "pink sheets" by the National Quotation Bureau, Inc.Early Expiration Date.

Early Expiration. In the event that following the Effective Date one hundred ---------------- eightieth-day anniversary of the Registration statement (as defined in the Registration Rights Agreement)Issue Date, the Closing Bid Price (as defined hereinin the Securities Purchase Agreement) of the Common Stock during any period of five ten (510) consecutive Trading Days (as defined in the Securities Purchase Agreement) is equal to or greater than $2.00 7.50 (subject to adjustment as provided herein) (the an "First Expiration Trigger Event") or is equal to or greater than ------------------------------ $3.00 (subject to adjustment as provided herein) (the "Second Expiration Trigger ------------------------- Event"), the Company may ------------------------ deliver to the Holder at any time that Holder, within five (5) business days following the Closing Bid ----- Price equals or exceeds $2.00 in the case occurrence of the First Expiration Trigger Event or $3.00 in the case of the Second an Expiration Trigger Event, and as long as each of the Resale Conditions (as defined below) have been satisfied, a written notice to such effect (the a "Early Expiration Notice") that the Warrant shall expire for up to an aggregate ----------------------- of one-third (1/3 rd) of the Initial Shares for each of the First Expiration Trigger Event and Second Expiration Trigger Event. In the event that the Company delivers to the Holder an Early Expiration Notice in accordance with the foregoing, this Warrant shall expire with respect to the number of shares indicated in the Early Expiration Notice on the date (the "Early ----------------- ----- Expiration ---------------- Date") which is thirty (30) Business Trading Days following the Business Day business day --------------- on which ---- such Early Expiration Notice is delivered to the Holder. The Company may give more than one Early Expiration Notice with respect to each , provided, however, that if the Holder is prevented from exercising all or any part of this Warrant during such thirty (30) Trading Days as a result of the First Expiration Trigger Event and Second Expiration Trigger Event so long as the aggregate number of shares subject to all such notices for each of the First and Second Expiration Trigger Events does not exceed one-third (1/3 rd) of the Initial Shares. The "Closing Bid Price" shall meanlimitations set forth in Section 4 hereof, then with respect to the Common ----------------- Stockportion of the Warrant that can not be so exercised, the Closing Bid Price Early Expiration Date shall be extended until twenty (20) Business Days after such portion of the Warrant can be exercised in its entirety. The "Resale Conditions" are as follows: (I) either (A) the ----------------- Registration Statement (as defined in the Registration Rights Agreement between the Company and the Holder) relating to the resale of the Warrant Shares has been declared effective and, during the period of thirty five (35) Trading Days immediately preceding the Early Expiration Date (the "Early Expiration Period"), ----------------------- has been available for the Common resale of (i) all of the Warrant Shares into which this Warrant is exercisable and (ii) all of the Conversion Shares issuable upon conversion of the Preferred Shares (each as defined in the Series C-1 Preferred Stock occurring Articles of Amendment)(assuming the minimum applicable Conversion Price and Exercise Price and that no conditions to or limitations on a given the conversion of the Preferred Shares or exercise of the Warrants then exist) or (B) on each Trading Day on of the principal securities exchange Early Expiration Period, such Warrant Shares may be sold pursuant to Rule 144(k) under the Securities Act of 1933, as amended and (II) no Mandatory Redemption Event (as defined in the Series C-1 Preferred Stock Articles of Amendment) (or trading market where such security an event or circumstance that with the passage of time would constitute a Mandatory Redemption Event) has occurred and is listed continuing at any time during the Early Expiration Period. Notwithstanding the foregoing, the Holder may exercise all or traded as reported any part of this Warrant at the then effective Exercise Price by Bloomberg Financial Markets ("Bloomberg") or, if Bloomberg is not then reporting such prices, by a comparable reporting service of national reputation selected by delivering an Exercise Notice to the Company or if at any time prior to the foregoing does not apply, the last reported bid price of such security in the over- the-counter market on the electronic bulletin board for such security as reported by Bloomberg or, if no bid price is reported for such security by Bloomberg, the average of the bid prices of all market makers for such security as reported in the "pink sheets" by the National Quotation Bureau, Inc.Early Expiration Date.

Early Expiration. In Tenant shall have the event right to cause the term of this Lease to expire on that date which is the first day of the 37th full calendar month following the Effective Commencement Date ---------------- of the Registration statement (as defined in the Registration Rights Agreement), the Closing Bid Price (as defined herein) of the Common Stock during any period of five (5) consecutive Trading Days (as defined in the Securities Purchase Agreement) is equal to or greater than $2.00 (subject to adjustment as provided herein) (herein the "First Revised Expiration Trigger Event") or is equal to or greater than ------------------------------ $3.00 (subject to adjustment as provided herein) (the "Second Expiration Trigger ------------------------- EventDate"), the Company may deliver upon and subject to the Holder following provisions. (a) This right shall be exercised, if at any time that the Closing Bid ----- Price equals or exceeds $2.00 in the case of the First Expiration Trigger Event or $3.00 in the case of the Second Expiration Trigger Eventall, by written notice (the "Early Expiration Notice") that given by Tenant to Landlord no later than one hundred eighty (180) days prior to the Warrant Revised Expiration Date. Such Expiration Notice shall expire for up be valid only if (i) it is given within the time specified above, (ii) prior to an aggregate ----------------------- the giving of one-third (1/3 rd) such notice, Tenant shall not have assigned its interest hereunder or sublet all or any portion of the Initial Shares Premises for each a term that would extend beyond the Revised Expiration Date, (iii) Tenant shall not be in default and no act, event, condition, or omission has occurred which, alone or together with notice and/or the passage of time, would constitute a default under the First terms of this Lease, and (iv) such Expiration Trigger Event Notice is accompanied by the payment required by paragraph (b) below. (b) The Expiration Notice shall be deemed given and Second Expiration Trigger Eventreceived only if accompanied by payment, by cashier's check, of an amount equal to one month of rent (i.e., $14,253.33). In the event rent hereunder shall increase, then the amount of the payment shall increase proportionately. The parties agree that such payment is to be paid to compensate Landlord for economic loss which Landlord would suffer by reason of the early expiration of this Lease and that the Company delivers amount of such compensation has been negotiated by the parties and is agreed to be reasonable. Tenant understands that Landlord does not typically grant early expiration rights and that Landlord would be unwilling to grant such a right in this Lease absent this agreement to be reasonably compensated. (c) Upon the giving of the Expiration Notice and the making of the payment required above, the expiration date of the term of this Lease shall be and become the Revised Expiration Date as perfectly as if such Revised Expiration Date had been the expiration date originally set forth in this Lease. Until such Revised Expiration Date, this Lease shall continue in full force and effect (except as specified in paragraph (d) below), without abatement of rent or other diminishment of the obligations of Tenant hereunder. The expiration of the Lease upon the Revised Expiration Date shall not terminate any previously accrued liabilities or obligations of Tenant, all of which shall survive such expiration. (d) The giving of an Expiration Notice shall constitute the irrevocable waiver by Tenant of any right to exercise any option to renew or to extend this Lease and the waiver of any right of first refusal, first opportunity, or other right to lease or to negotiate for the lease of additional space. (e) In the event Tenant exercises any right to renew or extend the term of this Lease or to Lease any additional space to be added to the Holder an Early Premises, then the exercise of any such right shall automatically amend the provisions of this Section (e) to reset the Revised Expiration Notice in accordance with the foregoing, this Warrant shall expire with respect Date to the number of shares indicated in the Early Expiration Notice on the be that date (the "Early Expiration ---------------- Date") which is thirty (30) Business Days the first day of the 37th month following the Business Day on which ---- such Early Expiration Notice is delivered to the Holder. The Company may give more than one Early Expiration Notice with respect to each first day of the First Expiration Trigger Event and Second Expiration Trigger Event so long renewal or extension term or the first day upon which Tenant accepts rent paying occupancy of the additional space, as the aggregate number of shares subject to all such notices for each case may be, and the amount of the First and Second Expiration Trigger Events does not exceed one-third (1/3 rd) payment required to be made at the time of the Initial Shares. The "Closing Bid Price" giving of the Exercise Notice shall mean, with respect be equal to two times the Common ----------------- Stock, the Closing Bid Price monthly rent payable for the Common Stock occurring on a given Trading Day on last month preceding the principal securities exchange or trading market where such security is listed or traded as reported by Bloomberg Financial Markets ("Bloomberg") or, if Bloomberg is not then reporting such prices, by a comparable reporting service of national reputation selected by the Company or if the foregoing does not apply, the last reported bid price of such security in the over- the-counter market on the electronic bulletin board for such security as reported by Bloomberg or, if no bid price is reported for such security by Bloomberg, the average of the bid prices of all market makers for such security as reported in the "pink sheets" by the National Quotation Bureau, Inc.Revised Expiration Date.