Common use of Issuance of Additional Warrants Clause in Contracts

Issuance of Additional Warrants. At the earlier of (i) June 19, 2001 or (ii) the date of the first Put Notice delivered to Investor pursuant to the Investment Agreement, Investor shall receive additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor shall equal at least 4.5% of the number of fully diluted shares of Common Stock of the Company that are then outstanding. If the Company shall at any time effect a recapitalization, reclassification or other similar transaction of such character that the shares of Common Stock shall be changed into or become exchangeable for a SMALLER number of shares (a "Reverse Stock Split"), then on the date of such Reverse Stock Split, and on each one year anniversary (each, an "Anniversary Date") of the Reverse Stock Split thereafter throughout the term of the Commitment Warrants, the Company shall issue to Investor additional warrants (the "Additional Warrants"), in the form of EXHIBIT A, to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Warrants and the number of Additional Warrants issued to Investor shall equal at least 4.5% of the number of fully diluted shares of Common Stock of the Company that are outstanding immediately following the Reverse Stock Split or Anniversary Date, as applicable. The Additional Warrants shall be exerciseable at the same price as the Commitment Warrants, shall have the same reset provisions as the Commitment Warrants, shall have piggyback registration rights and shall have a 5-year term.

Issuance of Additional Warrants. At the earlier of (i) June 19, 2001 or (ii) the date of the first Put Notice delivered to Investor pursuant to the Investment Agreement, Investor shall receive additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor shall equal at least 4.5% of the number of fully diluted shares of Common Stock of the Company that are then outstanding. If the Company shall at any time effect a recapitalization, reclassification or other similar transaction reverse stock split (i.e. a stock split as a result of such character that which the shares of Common Stock shall be changed into or become exchangeable for a SMALLER smaller number of shares (a "Reverse Stock Split")), and if and only if the Shareholders' Equity (as defined below) on the trading day immediately preceding the date of the Reverse Stock split is less than $1 million, then on the date of such Reverse Stock Split, and on each one year anniversary (each, an "Anniversary Date") of the Reverse Stock Split thereafter throughout the term of the Commitment Warrants, the Company shall issue to Investor Xxxxxx additional warrants (the "Additional Warrants"), in the form of EXHIBIT Exhibit A, to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Warrants and the number of Additional Warrants issued to Investor Xxxxxx shall equal at least 4.56.2% of the number of fully diluted shares of Common Stock of the Company that are outstanding immediately following the Reverse Stock Split or Anniversary Date, as applicable. The Additional Warrants shall be exerciseable at the same price as the Commitment Warrants, shall have the same reset provisions as the Commitment Warrants, shall have piggyback registration rights and shall have a 5-year term. For purposes hereof, "Stockholders' Equity" at a given time shall have the meaning as set forth in the Company's then current financial statements.

Issuance of Additional Warrants. At the earlier of (i) June 19March 16, 2001 or (ii) the date of the first Put Notice delivered to Investor Xxxxxx pursuant to the Investment Agreement, Investor Xxxxxx shall receive additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor Xxxxxx shall equal at least 4.54% of the number of fully diluted shares of Common Stock of the Company that are then outstandingoutstanding (excluding the Company's Employee Incentive Stock Option Plan). If the Company shall at any time effect a recapitalization, reclassification or other similar transaction of such character that the shares of Common Stock shall be changed into or become exchangeable for a SMALLER number of shares (a "Reverse Stock Split"), then on the date of such Reverse Stock Split, and on each one year anniversary (each, an "Anniversary Date") of the Reverse Stock Split thereafter throughout the term of the Commitment Warrants, the Company shall issue to Investor Xxxxxx additional warrants (the "Additional Warrants"), in the form of EXHIBIT A, to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Warrants and the number of Additional Warrants issued to Investor Xxxxxx shall equal at least 4.54.0% of the number of fully diluted shares of Common Stock of the Company that are outstanding immediately following the Reverse Stock Split or Anniversary Date, as applicable. The Additional Warrants shall be exerciseable at the same price as the Commitment Warrants, shall have the same reset provisions as the Commitment Warrants, shall have piggyback registration rights and shall have a 5-5 year term.

Issuance of Additional Warrants. At the earlier of (i) June 19March 15, 2001 or (ii) the date of the first Put Notice delivered to Investor Sxxxxx pursuant to the Investment Agreement, Investor Sxxxxx shall receive additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor Sxxxxx shall equal at least 4.54% of the number of fully diluted shares of Common Stock of the Company that are then outstanding. If the Company shall at any time effect a recapitalization, reclassification or other similar transaction of such character that the shares of Common Stock shall be changed into or become exchangeable for a SMALLER smaller number of shares (a "Reverse Stock Split"), then on the date of such Reverse Stock Split, and on each one year anniversary (each, an "Anniversary Date") of the Reverse Stock Split thereafter throughout the term of the Commitment Warrants, the Company shall issue to Investor Sxxxxx additional warrants (the "Additional Warrants"), in the form of EXHIBIT Exhibit A, to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Warrants and the number of Additional Warrants issued to Investor Sxxxxx shall equal at least 4.54.0% of the number of fully diluted shares of Common Stock of the Company that are outstanding immediately following the Reverse Stock Split or Anniversary Date, as applicable. The Additional Warrants shall be exerciseable at the same price as the Commitment Warrants, shall have the same reset provisions as the Commitment Warrants, shall have piggyback registration rights and shall have a 5-year term.

Issuance of Additional Warrants. At the earlier of (i) June 19March 15, 2001 or (ii) the date of the first Put Notice delivered to Investor Xxxxxx pursuant to the Investment Agreement, Investor Xxxxxx shall receive additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor Xxxxxx shall equal at least 4.54% of the number of fully diluted shares of Common Stock of the Company that are then outstanding. If the Company shall at any time effect a recapitalization, reclassification or other similar transaction of such character that the shares of Common Stock shall be changed into or become exchangeable for a SMALLER smaller number of shares (a "Reverse Stock Split"), then on the date of such Reverse Stock Split, and on each one year anniversary (each, an "Anniversary Date") of the Reverse Stock Split thereafter throughout the term of the Commitment Warrants, the Company shall issue to Investor Xxxxxx additional warrants (the "Additional Warrants"), in the form of EXHIBIT Exhibit A, to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Warrants and the number of Additional Warrants issued to Investor Xxxxxx shall equal at least 4.54.0% of the number of fully diluted shares of Common Stock of the Company that are outstanding immediately following the Reverse Stock Split or Anniversary Date, as applicable. The Additional Warrants shall be exerciseable at the same price as the Commitment Warrants, shall have the same reset provisions as the Commitment Warrants, shall have piggyback registration rights and shall have a 5-year term.

Issuance of Additional Warrants. At On the earlier Effective Date (as defined in the Investment Agreement) and on each six month anniversary of (i) June 19, 2001 or (ii) the date of execution by the first Put Notice delivered to Company and the Investor pursuant of the Investment Agreement (each, a "Six Month Anniversary Date"), the Company shall issue to the Investment Agreement, Investor shall receive additional warrants (the "Additional Warrants"), to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Commitment Warrants and the number of Additional Warrants issued to Investor shall equal at least 4.5% "Y%" of the number of fully diluted shares of Common Stock of the Company that are then outstandingon such Six Month Anniversary Date, where "Y" shall initially equal 5.0%, and shall be reduced by 0.5% for each Six Month Anniversary Date after the first Six Month Anniversary Date. If The Additional Warrants shall initially be exerciseable at the Company same price as the Commitment Warrants (as most recently reset), shall at any time effect have the same reset provisions as the Commitment Warrants (which resets shall occur on each six month anniversary of the date of issuance of the applicable Additional Warrant throughout the term of the applicable Additional Warrant), shall have piggyback registration rights and shall have a recapitalization10-year term. For purposes hereof, reclassification or other similar transaction of such character that the shares of Common Stock shall be changed into or become exchangeable for a SMALLER number of shares underlying the Purchase Warrants (a "Reverse Stock Split"), then on the date of such Reverse Stock Split, and on each one year anniversary (each, an "Anniversary Date") of the Reverse Stock Split thereafter throughout the term of the Commitment Warrants, the Company shall issue to Investor additional warrants (the "Additional Warrants"), as defined in the form of EXHIBIT A, to purchase a number of shares of Common Stock, if necessary, such that the sum of the number of Warrants Investment Agreement) and the number of Additional Warrants issued to Investor Put Shares (as defined in the Investment Agreement) shall equal at least 4.5% of not be taken into account in determining the number of fully diluted shares of Common Stock of the Company that are outstanding immediately following the Reverse Stock Split or as of any Six Month Anniversary Date, as applicable. The Additional Warrants shall be exerciseable at the same price as the Commitment Warrants, shall have the same reset provisions as the Commitment Warrants, shall have piggyback registration rights and shall have a 5-year term.