Common use of Options, Warrants, Reserved Shares Clause in Contracts

Options, Warrants, Reserved Shares. Except for: (i) the conversion privileges of the Series A Preferred Stock; (ii) the conversion privileges of the Series B Preferred Stock; (iii) the Warrant; (iv) the Series A Warrant; and (v) the Options granted to Kevin Blackwexx xx xxx Xxxxoyment Agreement with the Company, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Company of any shares of its capital stock or any securities convertible into or ultimately exchangeable or exercisable for any shares of the Company's capital stock. Apart from the exceptions noted in this Section 3.5(c), no shares of the Company's outstanding capital stock, or other stock issuable by the Company, are subject to any rights of first refusal or other rights to purchase such stock (whether in favor of the Company or any other person or entity) pursuant to any agreement or commitment of the Company.

Options, Warrants, Reserved Shares. Except for: for (i) the conversion privileges of the Series A Preferred E Stock and the Series F Stock; , (ii) the conversion privileges right of first refusal granted to the Series B Preferred Stock; Investors hereunder, (iii) other outstanding options, warrants, rights or agreements for the Warrantpurchase or acquisition of not in excess of 4,200,000 Common Stock equivalents; (iv) the Series A Warrant; and (v) the Options granted to Kevin Blackwexx xx xxx Xxxxoyment Agreement with the Company, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Company of any shares of its capital stock or any securities convertible into or ultimately exchangeable or exercisable for any shares of the Company's capital stock. Apart from the exceptions noted in this Section 3.5(c3.2(c), no shares and except for right of first refusal provided in the Voting Agreement, none of the Company's outstanding capital stock, or other stock issuable by the Companyupon exercise or exchange of any outstanding options, are warrants or rights, is subject to any rights of first refusal or other rights to purchase such stock (whether in favor of the Company or any other person or entity) person), pursuant to any agreement or commitment of the Company.

Options, Warrants, Reserved Shares. Except for: for (i) the ---------------------------------- conversion privileges of the Series A Preferred Stock; , and (ii) the conversion privileges 29,911,338 shares of the Series B Preferred Stock; (iii) the Warrant; (iv) the Series A Warrant; and (v) the Options granted to Kevin Blackwexx xx xxx Xxxxoyment Agreement with Common Stock reserved for issuance under the Company's Amended and Restated 1999 Stock Incentive Plan (the "Stock Plan") and non-plan option grants under which options to purchase 28,613,403 shares are outstanding, there are not is no outstanding any optionsoption, warrantswarrant, rights right (including conversion or preemptive rights) or agreements agreement for the purchase or acquisition from the Company of any shares of its capital stock or any securities convertible into or ultimately exchangeable or exercisable for any shares of the Company's capital stock. Apart from the exceptions noted in this Section 3.5(c3.2(c), and except for rights of first refusal held by the Company to purchase shares of its stock issued under the Company's Stock Plan, no shares of the Company's outstanding capital stock, or stock issuable upon exercise or exchange of any outstanding options, warrants or rights, or other stock issuable by the Company, are subject to any preemptive rights, rights of first refusal or other rights to purchase such stock (whether in favor of the Company or any other person or entity) person), pursuant to any agreement or commitment of the Company.

Options, Warrants, Reserved Shares. Except for: for (i) the conversion privileges of the Series A Preferred Stock; Warrants, (ii) the conversion privileges shares of Common Stock reserved for issuance under the Series B Preferred Stock; Company's 2002 Stock Incentive Plan (the "PLAN") under which options to purchase 1,500,000 shares are outstanding, and (iii) the Warrant; (iv) the Series A Warrant; and (v) the Options granted warrants to Kevin Blackwexx xx xxx Xxxxoyment Agreement with the Companypurchase 1,110,245 shares of Common Stock, there are not no outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Company of any shares of its capital stock or any securities convertible into or ultimately exchangeable or exercisable for any shares of the Company's capital stock. Apart from the exceptions noted herein or in this Section 3.5(c)the Schedule of Exceptions, and except for rights of first refusal held by the Company to purchase shares of its stock issued under the Plan, no shares of the Company's outstanding capital stock, or stock issuable upon exercise or exchange of any outstanding options, warrants or rights, or other stock issuable by the Company, are subject to any preemptive rights, rights of first refusal or other rights to purchase such stock (whether in favor of the Company or any other person or entity) person), pursuant to any agreement or commitment of the Company.

Options, Warrants, Reserved Shares. Except for: (i) The Company has reserved 5,669,804 of its Class B Shares for possible issuance upon the conversion privileges of the Series A Preferred Stock; (ii) Notes issued hereunder and the conversion privileges exercise of the Series Class B Preferred Stock; Share Warrants (iii) the Warrant; (iv) the Series A Warrant; and (v) the Options granted to Kevin Blackwexx xx xxx Xxxxoyment Agreement with the Company“Conversion Shares”). Except as described in this Section 6.2, there are not outstanding any no options, warrants, rights (including conversion privileges or preemptive other rights) , or agreements for with respect to the issuance thereof, presently outstanding to purchase or acquisition from any of the Company of any shares of its capital stock or any securities convertible into or ultimately exchangeable or exercisable for any shares of the Company's capital stock. Apart from the exceptions noted in this Section 3.5(c)6.2 and apart from repurchase rights (a) of the Company over shares of Common Stock pursuant to customary repurchase arrangements or the Company’s organizational documents and (b) under the Stockholders Agreements, no shares (including the Conversion Shares) of the Company's ’s outstanding capital stock, or stock issuable upon exercise or exchange of any outstanding options or other stock issuable by the Company, are subject to any rights of first refusal or other rights to purchase such stock (whether in favor of the Company or any other person or entity) stock, pursuant to any agreement or commitment of the Company.

Options, Warrants, Reserved Shares. Except for: for (i) the conversion privileges of the Series A Preferred Stock; , (ii) the conversion privileges 6,000,000 shares of Common Stock reserved for issuance under the Company's 1998 Stock Plan under which options to purchase 2,865,167 shares are outstanding, (iii) warrants to purchase 630,000 shares of Series B Preferred Stock; (iii) the Warrant; (iv) the Series A Warrant; and (v) the Options granted to Kevin Blackwexx xx xxx Xxxxoyment Agreement with the Company, there are not is no outstanding any optionsoption, warrantswarrant, rights right (including conversion or preemptive rights) or agreements agreement for the purchase or acquisition from the Company of any shares of its capital stock or any securities convertible into or ultimately exchangeable or exercisable for any shares of the Company's capital stock. Apart from the exceptions noted in this Section 3.5(c2.2(a), and except for rights of first refusal held by the Company to purchase shares of its stock issued under the Company's 1998 Stock Plan, no shares of the Company's outstanding capital stock, or stock issuable upon exercise or exchange of any outstanding options, warrants or rights, or other stock issuable by the Company, are subject to any preemptive rights, rights of first refusal or other rights to purchase such stock (whether in favor of the Company or any other person or entity) person), pursuant to any agreement or commitment of the Company.