Common use of Power Clause in Contracts

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the New Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”)Documents.

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities Shares hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, Agreement and the Warrants, the Voting Agreements Warrant (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite corporate power and authority to enter into, execute and deliver this AgreementAgreement and the other agreements, to sell instruments and issue the Securities hereunderdocuments contemplated hereby, and to carry out the transactions contemplated hereby and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”)thereby.

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities Notes hereunder, and to carry out and perform its obligations under the terms of this Agreement, Agreement and the Warrants, the Voting Agreements Notes (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (togethercollectively, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities Shares hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite corporate power to execute and deliver this Agreement, to sell and issue the Securities hereunder, Note and the Warrant and to carry out and perform its obligations under the terms of this Agreement, Agreement and under the Warrants, terms of the Voting Agreements (as defined herein), Note and the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”)Warrant.

Power. The Company has all requisite power and authority to execute and deliver this Agreement, to sell and issue the Securities hereunder, Transaction Documents and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”)Documents.

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder Securities (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”)Documents.

Power. The Company has all requisite corporate power and authority to execute and deliver this Agreementthe Transaction Documents, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”)Documents.

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment Warrants and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein)Stockholder Agreement, the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite the power and authority to execute and deliver this the Agreement, and to sell and issue the Securities hereunder, Note to be purchased by the Investor hereunder and to carry out and perform all its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”)hereunder.

Power. The Company has all requisite power and authority to accept, execute and deliver this Agreement, to sell and issue the Securities hereunderShares, to transfer the Interests, to except, execute and deliver the Assignment, and to carry out and perform its obligations under the terms provisions of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”)Documents.

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities Issued Shares hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, the WarrantsRights Agreement Amendment, the Voting Agreements (as defined herein), the Rights Agreement Amendment Securities and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities Shares hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities Shares hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities hereunder, Agreement and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this Agreement, Agreement and the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”)Rights.

Power. The Each Company has all requisite power to execute and deliver this AgreementAgreement and the Transaction Agreements to which it is a party, to sell and issue the Securities Securities, as applicable, hereunder, including the Warrant Shares, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, the Voting Agreements (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction Agreements”).

Power. The Company has all requisite power to execute and deliver this Agreement, to sell and issue the Securities Notes and Warrants hereunder, and to carry out and perform its obligations under the terms of this Agreement, the Warrants, Notes and the Voting Agreements Warrants (as defined herein), the Rights Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (togethercollectively, the “Transaction Agreements”).

Power. The Company has all requisite corporate power and authority to execute and deliver this Agreement, to sell and issue the Securities hereunder, and to carry out and perform its obligations under the terms of this AgreementNotes, the Warrants, the Voting Agreements (as defined herein), the Rights Security Agreement Amendment and any ancillary agreements and instruments to be entered into by the Company hereunder (together, the “Transaction AgreementsDocuments”), to sell and issue the Securities, and to carry out and perform its obligations under the Transaction Documents.