Common use of Form S-3 Eligibility Clause in Contracts

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Buyers using Form S-3 promulgated under the Securities 1933 Act.

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Conversion Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register meets the Common Shares and requirements for the Warrant Shares for resale by the Investors using use of Form S-3 promulgated under the Securities ActAct to register for re-sale the shares of Common Stock pursuant to the Registration Rights Agreement.

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors Purchaser using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale Stock by the Investors using Purchaser under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using a registration statement on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of shares of Common Shares and the Warrant Shares Stock for resale by the Investors using Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the shares of Common Shares and the Warrant Shares Stock for resale by the Investors using Buyers under Form S-3 promulgated under the Securities 1933 Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Investor using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares, the Underlying Preferred Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale Stock by the Investors using Purchasers on Form S-3 promulgated under the Securities ActAct and the Company hereby covenants and agrees to use its best efforts to maintain its eligibility to use Form S-3 until the Registration Statement covering the resale of the Shares and the Warrant Shares shall have been filed with, and declared effective by, the Commission.

Form S-3 Eligibility. The Company is eligible to register the Purchased Common Shares and the Warrant Shares Stock for resale by the Investors Investor using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Common Shares Stock sold hereunder and issuable upon exercise of the Warrant Shares Warrants for resale by the Investors using Subscriber on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is currently eligible to register the Common resale of the Shares and the Pre-Funded Warrant Shares for resale by the Investors using Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale Stock by the Investors using Purchasers under Form S-3 promulgated under the Securities ActAct and the Company hereby covenants and agrees to use its commercially reasonable best efforts to maintain its eligibility to use Form S-3 until the Registration Statement covering the resale of the Shares shall have been filed with, and declared effective by, the Commission.

Form S-3 Eligibility. The Company is eligible to register the Company Common Shares and the Warrant Shares Stock for resale by the Investors using Buyers under Form S-3 promulgated under the Securities 1933 Act.

Form S-3 Eligibility. The Company is eligible to register the Common Conversion Shares and the Warrant Shares for resale by the Investors Investor using Form S-3 promulgated under the Securities Act0000 Xxx.

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale Stock by the Investors using Purchasers under Form S-3 promulgated under the Securities ActAct and the Company hereby covenants and agrees to use its commercially reasonable efforts to maintain its eligibility to use Form S-3 until the Registration Statement covering the resale of the Shares shall have been filed with, and declared effective by, the Commission.

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale Stock by the Investors using Purchasers under Form S-3 promulgated under the Securities ActAct and the Company hereby covenants and agrees to use its best efforts to maintain its eligibility to use Form S-3 until the Registration Statement covering the resale of the shares of Preferred Stock shall have been filed with, and declared effective by, the Commission.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible has the ability to register the Common Shares and the Warrant Underlying Shares for resale by the Investors using Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale Stock by the Investors using Purchasers under Form S-3 or other comparable form promulgated under the Securities Act.

Form S-3 Eligibility. The Company To the Company's knowledge, it is -------------------- eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using holders thereof under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the resale of the Common Shares and the Warrant Shares for resale by the Investors using Investor under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The As of the date hereof, the Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is will be eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities ActAct starting on or after February 14, 2009, subject to the provisions of Section 6.1(g) hereof.

Form S-3 Eligibility. The Company is eligible to register securities (including the Common Shares and the Warrant Shares Underlying Shares) for resale by with the Investors using Commission on Form S-3 (or any successor form) promulgated under the Securities Act.

Form S-3 Eligibility. The As of the date hereof, the Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant its Ordinary Shares for resale by the Investors Purchasers using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act1000 Xxx.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Underlying Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The In relation to the resale of the Shares by Purchaser, the Company is eligible to register (i) meets the Common Shares and the Warrant Shares requirements for resale by the Investors using use of SEC Form S-3 promulgated under the Securities ActAct and (ii) is eligible for filing and maintaining a registration statement on Form S-3.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Investor using Form S-3 promulgated under the Securities ActAct in accordance with the provisions of the Registration Rights Agreement.

Form S-3 Eligibility. The Other than in connection with primary offerings, the Company is eligible to register the shares of Common Shares and the Warrant Shares Stock for resale by the Investors using Buyers under Form S-3 promulgated under the Securities 1933 Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares, the Warrant Shares and the Warrant Shares Option Securities for resale by the Investors Purchaser using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the its -------------------- Common Shares and the Warrant Shares Stock for resale by the Investors using Purchasers under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Conversion Shares and the Warrant Shares for resale by the Investors Purchasers using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares Stock for resale by the Investors Subscribers using a registration statement on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Investor using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common resale of the Shares and the Warrant Conversion Shares for resale by the Investors using Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is currently eligible to register the resale of the Common Shares and the Warrant Shares for resale by the Investors using on Form S-3 promulgated under the Securities Act, and the Company hereby covenants and agrees to use its reasonable best efforts to maintain its eligibility to use Form S-3 until the Registration Statement covering the resale of the Common Shares shall have been filed with, and declared effective by, the Commission.

Form S-3 Eligibility. The Company is eligible to use Form S-3 to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities ActPurchasers as contemplated in Section 7 of this Agreement.

Form S-3 Eligibility. The Company is eligible to register the Common Shares, Conversion Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using use Form S-3 promulgated under the Securities ActAct to register the resale of Installment Shares on Form S-3.

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors using under Form S-3 registration statement promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and resale of the Warrant Preferred Investment Option Shares for resale by the Investors using Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Purchasers using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common resale of the Shares and the Warrant Shares for resale by the Investors using Shareholder under Form S-3 promulgated under the Securities ActAct and will use its best efforts to remain so eligible for the term of this Agreement.

Form S-3 Eligibility. The Company is eligible to register the resale of the shares of Common Stock to be issued upon conversion of the Shares and the Warrant Shares for resale by the Investors using Purchaser on a registration statement on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors ABRD using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Underlying Common Shares and the Warrant Shares Stock for resale by the Investors using under Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Purchasers using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common resale of the Shares and the Warrant Shares for resale by the Investors using Purchaser on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Investor using Form S-3 promulgated under the Securities ActAct in accordance with the provisions of the Registration Rights Agreement.

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale Stock by the Investors using Purchaser under Form S-3 promulgated under the Securities Act.. 7140498v.6

Form S-3 Eligibility. The Company is eligible to register the its Common Shares and the Warrant Shares Stock for resale by the Investors Purchasers using Form S-3 promulgated under the Securities ActAct and the Company hereby covenants and agrees to use its reasonable best efforts to maintain its eligibility to use Form S-3 until a registration statement covering the resale of the Shares shall have been filed with, and declared effective by, the Commission.

Form S-3 Eligibility. The To the Company's knowledge, the Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares shares issuable upon exercise of the Warrants for resale by the Investors using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Buyer using Form S-3 promulgated under the Securities 1933 Act.

Form S-3 Eligibility. The Company is eligible to register the resale of its Common Shares and the Warrant Shares for resale by the Investors Stock using Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common resale of the Warrant Shares, the Dividend Shares and the Warrant Redemption Shares for resale by the Investors using Purchasers on Form S-3 promulgated under the Securities Act.

Form S-3 Eligibility. The Company is eligible to register the Common Shares and the Warrant Shares for resale by the Investors Buyers using Form S-3 promulgated under the Securities Act0000 Xxx.

Form S-3 Eligibility. The Company is eligible to register the -------------------- Underlying Common Shares and the Warrant Shares for resale by the Investors using under Form S-3 promulgated under the Securities Act.