Common use of Increases to Reserved Amount Clause in Contracts

Increases to Reserved Amount. If, at any time after July 31, 1998, the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "Authorization Trigger Date") shall be less than 135% of the number of shares of Common Stock issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement, the Corporation shall immediately notify the holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Default Amount, this Warrant shall be null and void. If the Corporation fails to deliver the Default Amount to Holder within five (5) business days after its receipt of such Default Notice, then Holder shall be entitled to the remedies provided in Article VI.C.

Increases to Reserved Amount. If, at any time after July 31, 1998, If the Reserved Amount for any three (3) ---------------------------- consecutive trading days (the last of such three (3) trading days being the "Authorization Trigger Date") shall be less than 135% of the number of shares of Common Stock issuable upon conversion of the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase AgreementDebentures, the Corporation shall immediately notify the holders Holders of Prepaid Warrants the Debentures of such occurrence and shall take immediate action (including, if necessary, seeking stockholder shareholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon conversion of the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase AgreementDebentures. In the event the Corporation fails to so increase the Reserved Amount within within, in the event shareholder approval is required, ninety (90) days, or, in the event only approval of the Company's Board of Directors is required, ten (10) days after an Authorization Trigger Date, and thereafter each Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock authorized and reserved for issuance upon exercise hereof, Holder Debentures shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Notice (as defined in Article VI.CVII.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to prepay for cash, at the Default Amount (as defined in Article VI.BVII.B). Upon payment by the Corporation , a portion of the Default AmountHolder's principal amount outstanding of the Debentures (plus accrued interest thereon) such that, this Warrant shall be null and voidafter giving effect to such prepayment, the holder's allocated portion of the Reserved Amount exceeds 135% of the total number of shares of Common Stock issuable to such holder upon conversion of its Debenture. If the Corporation fails to deliver pay the Default Amount to Holder within five (5) business days after its receipt of such Default Notice, then such Holder shall be entitled to the remedies provided in Article VI.C.VII.C. Subject to the limitations on issuance of shares of Common Stock in excess of any Holder's Cap Amount, notwithstanding anything else contained herein, if the Corporation has a sufficient number of authorized shares of Common Stock, the Corporation shall immediately issue additional shares of Common Stock to any Holder who has exceeded its allocated portion of the Reserved Amount upon conversions by such Holder of its Debentures.

Increases to Reserved Amount. If, at any time after July 31, 1998, If the Reserved Amount for any three five (35) consecutive trading days (the last of such three five (35) trading days being the "Authorization Trigger Date") shall be less than 135150% of the number of shares of Common Stock issuable upon conversion of the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase AgreementSeries A Preferred Stock on such trading days, the Corporation shall immediately notify the holders of Prepaid Warrants Series A Preferred Stock of such occurrence and shall immediately take immediate all necessary action (including, if necessary, seeking stockholder shareholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon conversion of the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreementoutstanding Series A Preferred Stock. In the event the Corporation fails to so increase the Reserved Amount within ninety within: (90i) thirty (30) days after an Authorization Trigger DateDate if shareholder approval is not required by applicable law for such increase; or (ii) one hundred twenty (120) days after an Authorization Trigger Date if shareholder approval is required by applicable law (provided, and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because however, that the Corporation does not have a sufficient number must file preliminary proxy materials with the Securities and Exchange Commission ("SEC") within thirty (30) days of shares an Authorization Trigger Date), each holder of Common Series A Preferred Stock authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable in whole or in part (but only to the extent that it would not cause the Corporation to be in "Monetary Default" (as herein defined)) at any time and from time to time by delivery of a Default Redemption Notice (as defined in Article VI.CVIII. C) to the Corporation, to require the Corporation Corporation, to pay to Holder purchase for cash, at an amount in cash per share equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation Redemption Conversion Amount, up to a portion of the Default Amountholder's Series A Preferred Stock such that, this Warrant shall be null and void. If after giving effect to such purchase, the Corporation fails holder's allocated portion of the Reserved Amount exceeds 200% of the total number of Common Stock issuable to deliver the Default Amount to Holder within five (5) business days after its receipt of such Default Notice, then Holder shall be entitled to the remedies provided in Article VI.C.holder upon

Increases to Reserved Amount. If, at any time after July 31, 1998the date hereof, the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "Authorization Trigger Date") shall be less than 135% of the number of shares of Common Stock issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement, the Corporation shall immediately notify the holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Default Amount, this Warrant shall be null and void. If the Corporation fails to deliver the Default Amount to Holder within five (5) business days after its receipt of such Default Notice, then Holder shall be entitled to the remedies provided in Article VI.C.

Increases to Reserved Amount. If, at any time after July 31, 1998, If the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "Authorization Trigger Date") shall be less than 135% of the number of shares of Common Stock issuable upon conversion of the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase AgreementNotes, the Corporation shall immediately notify the holders Holders of Prepaid Warrants the Notes of such occurrence and shall take immediate action (including, if necessary, seeking stockholder shareholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200135% of the number of shares of Common Stock then issuable upon conversion of the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase AgreementNotes. In the event the Corporation fails to so increase the Reserved Amount within within, in the event shareholder approval is required ninety (90) days, or, in the event only approval of the Corporation's Board of Directors is required, ten (10) days after an Authorization Trigger Date, and thereafter each Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock authorized and reserved for issuance upon exercise hereof, Holder Notes shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Notice (as defined in Article VI.CVII.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to prepay for cash, at the Default Amount (as defined in Article VI.BVII.B). Upon payment by the Corporation , a portion of the Default AmountHolder's principal amount outstanding of the Notes (plus accrued interest thereon) such that, this Warrant shall be null and voidafter giving effect to such prepayment, the Holder's allocated portion of the Reserved Amount equals the total number of shares of Common Stock issuable to such Holder upon conversion of its Note. If the Corporation fails to deliver pay the Default Amount to Holder within five (5) business days after its receipt of such Default Notice, then such Holder shall be entitled to the remedies provided in Article VI.C.VII.C. Notwithstanding anything else contained herein, if the Corporation has a sufficient number of authorized shares of Common Stock, the Corporation shall immediately issue additional shares of Common Stock to any Holder who has exceeded its allocated portion of the Reserved Amount upon conversions by such Holder of its Notes.

Increases to Reserved Amount. If, at any time after July 31, 1998, If the Reserved Amount for any three (3) five consecutive trading days (the last of such three (3) five trading days being the "Authorization Trigger Date") shall be less than 135% one hundred percent (100%) of the number of Common Shares issuable upon full conversion of the then outstanding shares of Common Stock issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase AgreementSeries "A" Preferred Share, the Corporation shall immediately notify the holders of Prepaid Warrants Series "A" Preferred Share of such occurrence and shall take immediate action (including, if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common StockShares) to increase the Reserved Amount to 200% one hundred percent (100%) of the number of shares of Common Stock Shares then issuable upon the full exercise conversion (including any Dividend payable thereon) of all Prepaid Warrants issued or issuable pursuant to of the Securities Purchase Agreementoutstanding Series "A" Preferred Share at the then current Conversion Price. In the event the Corporation fails to so increase the Reserved Amount within ninety one hundred twenty (90120) days after an Authorization Trigger Date, and thereafter Holder is unable to exercise all or any portion each holder of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock authorized and reserved for issuance upon exercise hereof, Holder Series "A" Preferred Shares shall thereafter have the option, exercisable in whole or in part at any time and from time to time, by delivery of a Default Redemption Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder redeem for cash, at an amount in cash per share equal to the Default Redemption Amount (as defined set out in Article VI.BSection 9(d) hereof). Upon payment by the Corporation , a number of the Default Amountholder's shares of Series "A" Preferred Share such that, this Warrant shall be null and void. If after giving effect to such redemption, the Corporation fails to deliver the Default Amount to Holder within five (5) business days after its receipt then unissued portion of such Default Notice, then Holder shall be entitled holder's Reserved Amount is at least equal to one hundred percent (100%) of the remedies provided in Article VI.C.total number of Common Shares issuable upon conversion (including any Dividend payable thereon) of such holder's shares of Series "A"

Increases to Reserved Amount. If, at any time after July 31, 1998, If the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "Authorization Trigger DateAUTHORIZATION TRIGGER DATE") shall (i) during the period beginning on the Closing Date and ending on that date which is one hundred fifty (150) days after the Closing Date be less than 100% of the number of shares of Common Stock issuable upon conversion of the Series H Preferred Stock on such trading days, or (ii) on or after that date which is one hundred fifty one (151) days after the Closing Date, be less than 135% of the number of shares of Common Stock issuable upon conversion of the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase AgreementSeries H Preferred Stock on such trading days, the Corporation shall immediately notify the holders of Prepaid Warrants Series H Preferred Stock of such occurrence and shall take immediate action (including, if necessary, including seeking stockholder shareholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200150% of the number of shares of Common Stock into which the Series H Preferred Stock are then issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreementconvertible. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and thereafter Holder is unable to exercise all or any portion each holder of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Series H Preferred Stock authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable in whole or in part at any time and from time to time by delivery of a Default Redemption Notice (as defined in Article VI.CVIII.D) to the Corporation, to require the Corporation to pay to Holder purchase for cash, at an amount in cash per share equal to the Default Redemption Amount (as defined in Article VI.BVIII.C). Upon payment by the Corporation , a portion of the Default Amountholder's Series H Preferred Stock such that, this Warrant shall be null and voidafter giving effect to such purchase, the holder's allocated portion of the Reserved Amount exceeds 135% of the total number of shares of Common Stock issuable to such holder upon conversion of its Series H Preferred Stock. If the Corporation fails to deliver the Default Amount to Holder redeem any of such shares within five (5) business days after its receipt of such Default a Redemption Notice, then Holder such holder shall be entitled to the remedies provided in Article VI.C.VIII.D.

Increases to Reserved Amount. If, at any time after July 31, 1998the date hereof, the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "Authorization Trigger Date") shall be less than 135% of the number of shares of Common Stock issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement, the Corporation shall immediately notify the holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common StockStock provided the Company shall not be obligated to hold a meeting with respect to such stockholder approval prior to June 15, 1999) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger DateDate (or on or prior to June 15, 1999 if stockholder approval is required), and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Default Amount, this Warrant shall be null and void. If the Corporation fails to deliver the Default Amount to Holder within five (5) business days after its receipt of such Default Notice, then Holder shall be entitled to the remedies provided in Article VI.C.

Increases to Reserved Amount. If, at any time after July 31, 1998the date hereof, the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "Authorization Trigger DateAUTHORIZATION TRIGGER DATE") shall be less than 135% of the number of shares of Common Stock issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement, the Corporation shall immediately notify the holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200165% of the number of shares of Common Stock then issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount 10 in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Default Amount, this Warrant shall be null and void. If the Corporation fails to deliver the Default Amount to Holder within five (5) business days after its receipt of such Default Notice, then Holder shall be entitled to the remedies provided in Article VI.C.

Increases to Reserved Amount. IfWithout limiting any other provision of this Section 1.6, if at any time after July 31, 1998, prior to the Nine Month Anniversary Date the Company is notified by a Holder that the Reserved Amount for Amount, based upon the average of the 5 lowest Five Day Average Prices (as defined below) during any three (3) 30 consecutive trading days (prior to the last providing of such three (3) trading days being the "Authorization Trigger Date") notice shall be less than 135% One Hundred Fifty percent (150%) of the number of shares of Common Stock that would be issuable to such Holder if the date of such notice by the Holder were a Reset Date and the Class II Warrant was exercised in full on such date (without regard to the conversion limitations contained herein, and including shares of Common Stock issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant the Class II Warrant with respect to the Securities Purchase Agreementadditional Units in connection with such Reset Date) (a "Share Reservation Failure"), the Corporation Company shall immediately within five (5) business days notify the holders of Prepaid Warrants all Holders of such occurrence and shall take immediate action as soon as possible, but in any event within five (including5) days after such Holder's notice if such action can be accomplished by the Board of Directors and within 120 days of such Holder's notice if such action requires the approval of the Company's shareholders, if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount for each Holder to Two Hundred percent (200% %) of the number of shares of Common Stock then issuable upon to such Holder if the full exercise date of all Prepaid Warrants issued or issuable pursuant such notice by the Holder were a Reset Date (without regard to the Securities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Dateconversion limitations contained herein, and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of including shares of Common Stock authorized and reserved for issuance issuable upon exercise hereof, of the Class II Warrant with respect to additional Units in connection with such Reset Date). Any notice with respect to a particular Share Reservation Failure by a Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice be given within ten (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Default Amount, this Warrant shall be null and void. If the Corporation fails to deliver the Default Amount to Holder within five (510) business days after its receipt of such Default Noticeparticular Share Reservation Failure. For purposes hereof, then Holder shall be entitled to "Five Day Average Price" means the remedies provided average Closing Bid Price for the 5 trading days ending on the date in Article VI.C.question.

Increases to Reserved Amount. If, at any time after July 31, 1998the date hereof, the Reserved Amount for any three (3) consecutive trading days (the last of such three (3) trading days being the "Authorization Trigger DateAUTHORIZATION TRIGGER DATE") shall be less than 135% of the number of shares of Common Stock issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement, the Corporation shall immediately notify the holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking stockholder approval to authorize the issuance of additional shares of Common Stock) to increase the Reserved Amount to 200% of the number of shares of Common Stock then issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement. In the event the Corporation fails to so increase the Reserved Amount within ninety (90) days after an Authorization Trigger Date, and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant because the Corporation does not have a sufficient number of shares of Common Stock authorized and reserved for issuance upon exercise hereof, Holder shall thereafter have the option, exercisable at any time by delivery of a Default Notice (as defined in Article VI.C) to the Corporation, to require the Corporation to pay to Holder an amount in cash equal to the Default Amount (as defined in Article VI.B). Upon payment by the Corporation of the Default Amount, this Warrant shall be null and void. If the Corporation fails to deliver the Default Amount to Holder within five (5) business days after its receipt of such Default Notice, then Holder shall be entitled to the remedies provided in Article VI.C.