Common use of Registration Under Securities Act of 1933, as amended Clause in Contracts

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “Piggyback,” and S-3 registration rights pursuant to and as set forth in the Rights Agreement, and Holder shall be entitled to and be subject to the rights and obligations set forth in Article 2 of the Rights Agreement as if a Holder thereto.

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “Piggyback,piggyback” and S-3 “S-3” registration rights pursuant to and as set forth in the Company’s Amended and Restated Investors’ Rights Agreement dated as of May 30, 2008 (as amended from time to time, the “Investors’ Rights Agreement”), and to which the Holder shall be entitled to and be subject to the rights and obligations set forth in Article 2 of the Rights Agreement as if has been made a Holder theretoparty.

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “"Piggyback,” " and S-3 registration rights pursuant to and as set forth in the Company's Fourth Amended and Restated Investor Rights Agreement, and Holder shall be entitled to and be subject to the rights and obligations set forth in Article 2 Agreement dated as of the Rights Agreement as if a Holder theretodate hereof (the "XXX").

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “Piggyback,” and S-3 registration rights pursuant to and as set forth in the Investors’ Rights Agreement dated as of September 1, 2006 among the Company and the other parties named therein (the “Rights Agreement”), and Holder shall be entitled to and be subject to the rights and obligations set forth in Article 2 of the Rights Agreement as if a Holder thereto.

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “"Piggyback,” " and S-3 registration rights pursuant to and as set forth in the Company's Fourth Amended And Restated Investor Rights Agreement, and Holder shall be entitled to and be subject to the rights and obligations set forth in Article 2 Agreement dated as of the Rights Agreement as if a Holder theretodate hereof (the "XXX").

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock Common Stock of the Company, such common stockCommon Stock, shall have certain incidental, or “Piggyback,piggyback” and S-3 registration rights pursuant to and as set forth in the Company’s Amended and Restated Registration Rights Agreement, as amended and Holder shall be entitled in effect from time to and be subject to the rights and obligations set forth in Article 2 of the Rights Agreement as if a Holder theretotime or similar agreement.

Registration Under Securities Act of 1933, as amended. The Company agrees that upon the Holder’s execution and delivery of the Investors’ Rights Agreement or exercise or conversion of the Warrant, the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “Piggyback,” and S-3 registration rights pursuant to and as set forth in the Investors’ Rights Agreement, and Holder shall be entitled to and be subject to the rights and obligations set forth as then in Article 2 of the Rights Agreement as if a Holder theretoeffect.

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “Piggyback,” and S-3 registration rights pursuant to and as set forth in the Rights Agreement, and Holder shall be entitled to and be subject to the rights and obligations set forth in Article 2 Section 3.2 of the Company’s Amended and Restated Investor Rights Agreement as if dated July 9, 2004, with the Shares hereunder being considered “Registrable Securities” for purposes of such Section 3.2 only and with the Holder hereunder being considered a Holder thereto.“Holder” for the purposes of Section 3.2

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “Piggyback,piggyback” and S-3 “S-3” registration rights pursuant to and as set forth in the Rights AgreementCompany’s Amended and Restated Investors’ Right Agreement dated as of May 30, and 2008, to which the Holder shall be entitled to and be subject to the rights and obligations set forth in Article 2 of the Rights Agreement as if has been made a Holder theretoparty.

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “Piggyback,” and S-3 registration rights pursuant to and as set forth in the Rights Agreement, Company’s Third Amended and Holder shall be entitled to and be subject to the rights and obligations set forth in Article 2 of the Restated Investor Rights Agreement as if a Holder thereto.dated November 15,

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “Piggyback,” and S-3 registration rights pursuant to and as set forth in the Rights Agreement, and Holder shall be entitled to and be subject to the rights and obligations set forth in Article 2 of the Registration Rights Agreement as if a Holder theretobetween the Company and Holder.

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain incidental, or “Piggyback,piggyback” and S-3 registration rights pursuant to and as set forth in the Rights Agreement, and Holder shall be entitled to and be subject to the rights and obligations Agreement (as defined herein) or similar agreement. The provisions set forth in Article 2 of the Rights Agreement or similar agreement relating to the above in effect as if a Holder thereto.of the Issue Date

Registration Under Securities Act of 1933, as amended. The Company agrees that the Shares issued upon the exercise of this Warrant when so issued, or, if the Shares are convertible into common stock of the Company, such common stockstock when so issued, shall have certain incidental, or the S-3 and “Piggyback,” and S-3 registration rights pursuant to and as set forth in the Company’s Investor Rights Agreement, and Holder shall dated November 10, 2003, as such may be entitled amended from time to and be subject to time (the rights and obligations set forth in Article 2 of the “Investors’ Rights Agreement as if a Holder theretoAgreement”).