Common use of Obligation to Cure Clause in Contracts

Obligation to Cure. If at any time the then unissued portion of any Holder's Cap Amount is less than 135% of the number of shares of Common Stock then issuable upon the full exercise of all Prepaid Warrants owned by such Holder (a "Trading Market Trigger Event"), the Corporation shall immediately notify the Holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking the approval of its stockholders to authorize the issuance of the full number of shares of Common Stock which would be issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement but for the Cap Amount) to eliminate any prohibitions under applicable law or the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Corporation or any of its securities on the Corporation's ability to issue shares of Common Stock in excess of the Cap Amount. In the event the Corporation fails to eliminate all such prohibitions within ninety (90) days after the Trading Market Trigger Event and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant as a result of the operation of Article II.C.(i), then Holder shall thereafter have the option, exercisable at any time until such date that all such prohibitions are eliminated, 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 within five (5) business days after its receipt of such Default Notice, then such holder shall be entitled to the remedies provided in Articles V.B and VI.C.

Obligation to Cure. If at any time prior to the Shareholder Approval Date ------------------ the then unissued portion of any Holder's Cap Amount is less than 135% of the number of shares of Common Stock then issuable upon the full exercise conversion of all Prepaid Warrants owned by such Holder Holder's Debentures (a "Trading Market Trigger Event"), the Corporation shall immediately notify the Holders of Prepaid Warrants Debentures of such occurrence and shall take immediate action (including, if necessary, seeking the approval of its stockholders shareholders to authorize the issuance of the full number of shares of Common Stock which would be issuable upon the full exercise conversion of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement Debentures but for the Cap Amount) to eliminate any prohibitions under applicable law or the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Corporation or any of its securities on the Corporation's ability to issue shares of Common Stock in excess of the Cap AmountAmount ("Trading Market Prohibitions"). In the event the Corporation fails to eliminate all such prohibitions Trading Market Prohibitions within ninety (90) days after the Trading Market Trigger Event and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant as a result of the operation of Article II.C.(i)Event, then each Holder of Debentures shall thereafter have the option, exercisable in whole or in part at any time and from time to time until such date that all such prohibitions Trading Market Prohibitions are eliminated, by delivery of a Default Notice (as defined in Article VI.C.VII.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 repay for cash, at the Default Amount, this Warrant shall be null and voida principal amount of the Holder's Debentures such that, after giving effect to such repayment, the then unissued portion of such Holder's Cap Amount exceeds 135% of the total number of shares of Common Stock issuable upon conversion of such Holder's Debentures. If the Corporation fails to deliver pay the Default Amount within five (5) business days after its receipt of such a Default Notice, then such holder Holder shall be entitled to the remedies provided in Articles V.B VI.B and VI.C.VII.C. On or after the Shareholder Approval Date, the Corporation shall treat any such Trading Market Prohibitions as eliminated.

Obligation to Cure. If at any time the then unissued portion of any Holder's Cap Amount is less than 135% of the number of shares of Common Stock then issuable upon the full exercise of all Prepaid Warrants owned by such Holder (a "Trading Market Trigger EventTRADING MARKET TRIGGER EVENT"), the Corporation shall immediately notify the Holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking the approval of its stockholders to authorize the issuance of the full number of shares of Common Stock which would be issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement but for the Cap Amount) to eliminate any prohibitions under applicable law or the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Corporation or any of its securities on the Corporation's ability to issue shares of Common Stock in excess of the Cap Amount. In the event the Corporation fails to eliminate all such prohibitions within ninety (90) days after the Trading Market Trigger Event and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant as a result of the operation of Article II.C.(i), then Holder shall thereafter have the option, exercisable at any time until such date that all such prohibitions are eliminated, 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 within five (5) business days after its receipt of such Default Notice, then such holder shall be entitled to the remedies provided in Articles V.B and VI.C.V.B.

Obligation to Cure. If at any time the then unissued portion of any Holder's Cap Amount is less than 135% of the number of shares of Common Stock then issuable upon the full exercise of all Prepaid Warrants owned by such Holder (a "Trading Market Trigger EventTRADING MARKET TRIGGER EVENT"), the Corporation shall immediately notify the Holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking the approval of its stockholders to authorize the issuance of the full number of shares of Common Stock which would be issuable upon the full exercise of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement but for the Cap Amount) to eliminate any prohibitions under applicable law or the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Corporation or any of its securities on the Corporation's ability to issue shares of Common Stock in excess of the Cap Amount. In the event the Corporation fails to eliminate all such prohibitions within ninety (90) days after the Trading Market Trigger Event and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant as a result of the operation of Article II.C.(iII.C(i), then Holder shall thereafter have the option, exercisable at any time until such date that all such prohibitions are eliminated, by delivery of a Default Notice (as defined in Article VI.C.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 within five (5) business days after its receipt of such Default Notice, then such holder shall be entitled to the remedies provided in Articles V.B and VI.C.

Obligation to Cure. If at any time the then unissued portion of any ------------------ Holder's Cap Amount is less than 135% of the number of shares of Common Stock then issuable upon the full exercise conversion of all Prepaid Warrants owned by such Holder its Debenture (a "Trading Market Trigger Event"), the Corporation shall immediately notify the Holders of Prepaid Warrants of such occurrence and shall take immediate action (including, if necessary, seeking the approval of its stockholders shareholders to authorize the issuance of the full number of shares of Common Stock which would be issuable upon the full exercise conversion of all Prepaid Warrants issued or issuable pursuant to the Securities Purchase Agreement this Debenture but for the Cap Amount) to eliminate any prohibitions under applicable law or the rules or regulations of any stock exchange, interdealer quotation system or other self-regulatory organization with jurisdiction over the Corporation or any of its securities on the Corporation's ability to issue shares of Common Stock in excess of the Cap Amount. In the event the Corporation fails to eliminate all such prohibitions within ninety (90) days after the Trading Market Trigger Event and thereafter Holder is unable to exercise all or any portion of the outstanding Prepaid Amount of this Warrant as a result of the operation of Article II.C.(i)Event, then Holder shall thereafter have the option, exercisable in whole or in part at any time and from time to time until such date that all such prohibitions are eliminated, by delivery of a Default Notice (as defined in Article VI.C.VIII.C) to the Corporation, to require the Corporation to pay for cash, at the Default Amount, a portion of the principal amount of this Debenture (and accrued and unpaid interest thereon) such that, after giving effect to such prepayment, Holder's allocated portion of the Cap Amount exceeds 135% of the total number of shares of Common Stock issuable to Holder an amount upon conversion of this Debenture on the date of such Default Notice. Additionally, if at any time and from time to time the then unissued portion of Holder's Cap Amount is less than the number of shares of Common Stock then issuable upon conversion of this Debenture, Holder shall thereafter have the option, exercisable in cash equal whole or in part at any time and from time to the time by delivery of a Default Amount Notice (as defined in Article VI.B). Upon payment by VIII.C) to the Corporation, to require the Corporation of to pay for cash, at the Default Amount, a portion of the principal amount of this Warrant shall be null Debenture (and voidaccrued and unpaid interest thereon) such that, after giving effect to such prepayment, Holder's allocated portion of the Cap Amount exceeds 135% of the total number of shares of Common Stock issuable to Holder upon conversion of this Debenture on the date of such Default Notice. If the Corporation fails to deliver pay the Default Amount within five (5) business days after its receipt of such a Default Notice, then such holder Holder shall be entitled to the remedies provided in Articles V.B and VI.C.Article VIII.C.