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 Company’s Amended and Restated Investors’ Rights Agreement dated December 13, 2007, as amended and in effect from time to time (the “XXX”). For the avoidance of doubt, such registration rights shall not include demand registration rights (except to the extent that S-3 rights may be deemed demand rights). The provisions set forth in the XXX relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the 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,” and S-3 registration rights pursuant to and as set forth in Section 1.3 of the Company’s Amended and Restated Investors’ Rights Agreement dated as of December 1324, 2007, 2008 (as amended by that certain Amendment No. 1 Investors’ Rights Agreement and in effect from time to time that certain Amendment No. 2 Investors’ Rights Agreement (“Amendment No. 2”), the “XXXRights Agreement”). For the avoidance of doubt, such registration rights shall not include demand registration rights (except subject to Holder becoming a party to the extent that S-3 rights may be deemed demand rights)Rights Agreement by execution of Amendment No. 2. The provisions set forth in the XXX Rights Agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in substantially the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the Holder.

Registration Under Securities Act of 1933, as amended. The Subject to Section 5.11 below, the Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have (i) certain incidental, or “Piggyback,piggyback” and S-3 registration rights pursuant to and as set forth in the Company’s Amended and Restated Investors’ Investor Rights Agreement dated December 13, 2007, or similar agreement (as amended and in effect from time to time (time, the “XXXRights Agreement”). For the avoidance of doubt, such registration rights shall not include demand registration rights and (except ii) to the extent that allowable under the Rights Agreement, certain S-3 registration rights may be deemed demand rights)pursuant to and as set forth in the Rights Agreement. The provisions set forth in the XXX Company’s Rights Agreement or similar agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the 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 “S-3” registration rights in parity with the investors pursuant to and as set forth in the Company’s Amended and Restated Investors’ Investor Rights Agreement dated December 13September 2, 2007, 2011 and as amended and in effect from time to time (the “XXXInvestor Rights Agreement”). For the avoidance , upon Holder’s exercise of doubt, such registration rights shall not include demand registration rights (except this Warrant and execution of a joinder agreement to the extent that S-3 rights may be deemed demand rights)Investor Rights Agreement if requested by Company. The provisions set forth in the XXX Investor Rights Agreement or similar agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the “piggyback” and “S-3” registration rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the 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 “S-3” registration rights pursuant to and as set forth in the Company’s Amended and Restated Investors’ Investor Rights Agreement Agreement, dated December 13as of March 19, 2007, 2007 (the “Investor Rights Agreement”) as may be amended and in effect from time to time (the “XXX”)time. For the avoidance of doubt, such registration rights shall not include demand registration rights (except Holder agrees to become a party to the extent that S-3 rights may be deemed demand rights)Investor Rights Agreement for the purposes of this Section 3.3. The provisions set forth in the XXX Investor Right Agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the Holder.

Registration Under Securities Act of 1933, as amended. The Company agrees that (i) 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 Form S3 registration rights pursuant to and as set forth in the Company’s Second Amended and Restated Investors’ Investor Rights Agreement dated December 13, 2007, as amended and in effect from time to time (the “XXXInvestor Rights Agreement”). For ) and (ii) the avoidance of doubt, such registration rights Holder shall not include demand registration rights (except to the extent that S-3 rights may be deemed demand rights)a “Purchaser” as that term is defined and used in the Company’s Investor Rights Agreement. The provisions set forth in the XXX Company’s Investor Rights Agreement or similar agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the 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 “S-3” registration rights in parity with the investors pursuant to and as set forth in Sections 2.2 and 2.3 of the Company’s Amended and Restated Investors’ Rights Agreement dated December 13February 10, 2007, as amended and in effect from time to time 2011 (the “XXXRights Agreement”). For the avoidance of doubt, such registration which rights shall not include demand registration rights (except be effective as of the date that the Company receives an executed joinder to the extent that S-3 rights may be deemed demand rights)Rights Agreement from Holder. The provisions set forth in the XXX Company’s Investor Rights Agreement or similar agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the Shares granted to the Holder.