Common use of Most Favored Terms Clause in Contracts

Most Favored Terms. As long as any Notes remain outstanding, no term or condition in any Convertible Securities and/or Options issued by the Company or any of its Subsidiaries to any Person after the Subscription Date and/or any agreement to acquire Common Stock, Convertible Securities and/or Options or other securities entered into by the Company or any of its Subsidiaries with any Person after the Subscription Date or any other related document or agreement with respect thereto (each, a “Subsequent Document”) shall, directly or indirectly, be more favorable to such Person than the terms and conditions in this Note and any related Transaction Document. If, and whenever on or after the date hereof, the Company enters into a Subsequent Document, then (i) the Company shall provide notice thereof to the Holder immediately following the occurrence thereof and (ii) in addition to any other remedies of the Holder in law or equity, the terms and conditions of this Note and any related Transaction Document shall be, without any further action by the Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Subsequent Document, provided that upon written notice to the Company at any time the Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Note and any related Transaction Document shall apply to the Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Holder. The provisions of this Section 14(p) shall apply similarly and equally to each Subsequent Document. This Section 14(p) shall not apply in respect of an Exempt Issuance (as defined in the Purchase Agreement) and shall not apply to the issuance of shares of Common Stock in an “at the market” offering with a bona fide broker-dealer up to a maximum aggregate offering amount of $20,000,000, provided that the Company’s agreements in connection with such “at the market” offering shall not conflict with any provision of the Transaction Documents.

Most Favored Terms. As long as any Notes Warrants remain outstanding, no term or condition in any Common Stock Equivalent or Convertible Securities and/or Options Security (as defined in the Note) or Option (as defined in the Note) issued by the Company or any of its Subsidiaries to any Person after the Subscription Date date of the Purchase Agreement and/or any agreement to acquire Common Stock, Common Stock Equivalents, Convertible Securities and/or Options Security, Option or other securities entered into by the Company or any of its Subsidiaries with any Person after the Subscription Date date of the Purchase Agreement or any other related document or agreement with respect thereto (each, a “Subsequent Document”) shall, directly or indirectly, be more favorable to such Person than the terms and conditions in this Note Warrant and any related Transaction Document. If, and whenever on or after the date hereof, the Company enters into a Subsequent Document, then (i) the Company shall provide notice thereof to the Holder immediately following the occurrence thereof and (ii) in addition to any other remedies of the Holder in law or equity, the terms and conditions of this Note Warrant and any related Transaction Document shall be, without any further action by the Holder or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Holder shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Subsequent Document, provided that upon written notice to the Company at any time the Holder may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Note Warrant and any related Transaction Document shall apply to the Holder as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Holder. The provisions of this Section 14(p) 7 shall apply similarly and equally to each Subsequent Document. This Section 14(p) 7 shall not apply in respect of an Exempt Issuance (as defined in the Purchase Agreement) and shall not apply to the issuance of shares of Common Stock in an “at the market” offering with a bona fide broker-dealer up to a maximum aggregate offering amount of $20,000,000, provided that the Company’s agreements in connection with such “at the market” offering shall not conflict with any provision of the Transaction Documents. [For purposes of clarity, this Section 7 shall be applicable to this Warrant at any time without regard to the Vesting Schedule.] 5 ******************** (Signature Page Follows) 5 Series B Warrant only

Most Favored Terms. As (c) . For so long as any Notes remain outstanding, excluding the Transaction Documents and any provisions in the Certificate of Designations of Rights, Preferences and Limitations for the Series A Preferred Stock, the Series B Preferred Stock or the Series C Preferred Stock (each Certificate of Designations of Rights, Preferences and Limitations for the Series A Preferred Stock, the Series B Preferred Stock or the Series C Preferred Stock as in effect as of the Closing Date), no term or condition in any Convertible Securities and/or Options issued or agreement to acquire Convertible Securities or other securities by any Other Purchaser of the Company or any of its Subsidiaries to any Person after the Subscription Date and/or any agreement to acquire Common Stock, Convertible Securities and/or Options or other securities entered into by the Company or any of its Subsidiaries with any Person after the Subscription Date or any other related document or agreement with respect thereto (each, a “Subsequent Document”) shall, directly or indirectly, be more favorable to such Person Other Purchaser than the terms and conditions in this Note and any related the Transaction DocumentDocuments. If, and whenever on or after the date hereof, the Company enters into a Subsequent Document, then (i) the Company shall provide notice thereof to the Holder each Buyer immediately following the occurrence thereof and (ii) in addition to any other remedies of the Holder Buyers in law or equity, the terms and conditions of this Note and any related the Transaction Document Documents shall be, without any further action by the Holder any Buyer or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Holder each Buyer shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such Subsequent Document, provided that upon written notice to the Company at any time the Holder any Buyer may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Note and any related the Transaction Document Documents shall apply to the Holder such Buyer as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Holdersuch Buyer. The provisions of this Section 14(p4(dd) shall apply similarly and equally to each Subsequent Document. This Section 14(p) shall not apply in respect of an Exempt Issuance (as defined in the Purchase Agreement) and shall not apply to the issuance of shares of Common Stock in an “at the market” offering with a bona fide broker-dealer up to a maximum aggregate offering amount of $20,000,000, provided that the Company’s agreements in connection with such “at the market” offering shall not conflict with any provision of the Transaction Documents.