Common use of Principal Market Regulation Clause in Contracts

Principal Market Regulation. Company will not issue any Conversion Shares under this Warrant, the Debenture issued to Holder on the Issuance Date, the Stock Purchase Agreement with Investor dated the Issuance Date, the Series B Preferred Stock or the Common Stock Purchase Warrant issued to Investor pursuant thereto, if the issuance would exceed the aggregate number of shares of Common Stock the Company may issue without breaching Company’s obligations under NYSE MKT rules, except that such limitation will not apply following stockholder approval in accordance with the requirements of NYSE MKT rules or a waiver from NYSE MKT (“Approval”).

Principal Market Regulation. Company will not issue any Conversion Shares under this WarrantDebenture, the Debenture Warrant issued to Holder on the Issuance Date, the Stock Purchase Agreement with Investor dated the Issuance Date, the Series B Preferred Stock or the Common Stock Purchase Warrant issued to Investor pursuant thereto, if the issuance would exceed the aggregate number of shares of Common Stock the Company may issue without breaching Company’s obligations under NYSE MKT rules, except that such limitation will not apply following stockholder approval in accordance with the requirements of NYSE MKT rules or a waiver from NYSE MKT (“Approval”).

Principal Market Regulation. Company will not issue any Conversion Shares under this Warrant, the Debenture Series C Preferred Stock issued to Holder on the Issuance Date, the Stock Securities Purchase Agreement with Investor dated the Issuance Date, the Series B Preferred Stock Debenture or the Common Stock Purchase Warrant issued to Investor pursuant thereto, if the issuance would exceed the aggregate number of shares of Common Stock the Company may issue without breaching Company’s obligations under NYSE MKT rules, except that such limitation will not apply following stockholder approval in accordance with the requirements of NYSE MKT rules or a waiver from NYSE MKT (“Approval”).

Principal Market Regulation. Company will not issue any Conversion Shares under this WarrantCertificate of Designations, the Debenture Warrant issued to Holder on the Issuance Date, the Stock Securities Purchase Agreement with Investor dated the Issuance Date, the Series B Preferred Stock Debenture or the Common Stock Purchase Warrant issued to Investor pursuant thereto, if the issuance would exceed the aggregate number of shares of Common Stock the Company may issue without breaching Company’s obligations under NYSE MKT rules, except that such limitation will not apply following stockholder approval in accordance with the requirements of NYSE MKT rules or a waiver from NYSE MKT (“Approval”).

Principal Market Regulation. Company will not issue any Conversion Shares under this Warrant, the Debenture Series C Preferred Stock issued to Holder on the Issuance Date, the Stock Purchase Agreement with Investor dated the Issuance DateApril 6, 2016, the Series B Preferred Stock Debenture or the Common Stock Purchase Warrant issued to Investor pursuant thereto, if the issuance would exceed the aggregate number of shares of Common Stock the Company may issue without breaching Company’s obligations under NYSE MKT rules, except that such limitation will not apply following stockholder approval in accordance with the requirements of NYSE MKT rules or a waiver from NYSE MKT (“Approval”).