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

Registration Under Securities Act of 1933, as amended. In the event that the Holder cannot immediately sell the Shares upon exercise or conversion of this Warrant pursuant to Rule 144 promulgated under the Securities Act of 1933, the Company agrees that the Shares shall have certain S-3 and “piggyback,” registration rights pursuant to and as set forth in the Company’s Second Amended and Restated Investors’ Rights Agreement dated January 30, 2009, as may be amended from time to time (the “Investors’ Rights Agreement”). The provisions set forth in the Investors’ 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 Holder.

Registration Under Securities Act of 1933, as amended. In the event that the Holder cannot immediately sell the Shares upon exercise or conversion of this Warrant pursuant to Rule 144 promulgated under the Securities Act of 1933, the The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain S-3 and incidental, or “piggybackPiggyback,” and S-3 registration rights pursuant to and as set forth in Sections 1.4 and 1.5 (together with all other registration rights-related sections of general applicability) of the Company’s Second Amended and Restated Investors’ Investor Rights Agreement dated January 30September 28, 2009, 2007 (as may be amended from time to time (time, the “Investors’ Rights Agreement”’). The provisions set forth in the Investors’ Right Rights Agreement relating to the above foregoing registration rights 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 Class whose holders are parties to the Shares granted to HolderRights Agreement.

Registration Under Securities Act of 1933, as amended. In the event that the Holder cannot immediately sell the Shares upon exercise or conversion of this Warrant pursuant to Rule 144 promulgated under the Securities Act of 1933, the The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain S-3 and incidental, or “piggybackPiggyback,” and S-3 registration rights pursuant as if Holder were a party to and as set forth in the Company’s Second Third Amended and Restated Investors’ Rights Agreement dated January as of April 30, 2009, 2010 (as may be amended and in effect from time to time (time, the “Investors’ Rights Agreement”)’) with respect to those sections of the Rights Agreement. The provisions set forth in the Investors’ Right 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 the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as Class whose holders are parties thereto. In addition, Holder agrees to be bound by the Shares granted “Lock-Up” provision of which the holders of the outstanding shares of the Class (or common stock issuable on conversion thereof) are bound pursuant to Holderthe Rights Agreement.

Registration Under Securities Act of 1933, as amended. In the event The Company agrees that the Holder cannot immediately sell common stock issuable upon conversion of the Shares (or, if the Shares issuable upon exercise or conversion of this Warrant pursuant to Rule 144 promulgated under the Securities Act of 1933are common stock in accordance with Section 2.2 hereof, the Company agrees that the Shares Shares), shall have certain S-3 and incidental, or “piggybackPiggyback,” registration rights pursuant to and as set forth in the Company’s Second Amended and Restated Investors’ Investor Rights Agreement Agreement, dated January 30November 23, 20092004, as the same may be amended or restated from time to time (the “Investors’ Rights Agreement”)time. The provisions set forth in the Company’s Investors’ Right 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 held by all other shares holders of registration rights under the same series and class as the Shares granted to HolderInvestor Rights Agreement.

Registration Under Securities Act of 1933, as amended. In the event that the Holder cannot immediately sell the Shares upon exercise or conversion of this Warrant pursuant to Rule 144 promulgated under the Securities Act of 1933, the The Company agrees that the Shares or, if the Shares are convertible into common stock of the Company, such common stock, shall have certain S-3 and incidental, or “piggybackPiggyback,” and S-3 registration rights pursuant to and as set forth in the Company’s Second Amended Section 2 (other than Section 2.12) and Restated Investors’ Rights Agreement dated January 30, 2009, as may be amended from time to time 6 (the “Investors’ Applicable Sections”) of the Rights Agreement”); provided, that Holder shall not be entitled to be an “Initiating Holder” as defined in the Rights Agreement for purposes of Section 2.1(a) thereof. The provisions set forth in the Investors’ Right Agreement relating to the above Applicable Sections 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 HolderClass whose holders are parties thereto.

Registration Under Securities Act of 1933, as amended. In The Company shall, within 30 days of the event that Issue Date, amend the Holder cannot immediately sell Company’s Third Amended and Restated Investors’ Rights Agreement dated November 15, 2004 (the Shares upon exercise or conversion of this Warrant pursuant “Rights Agreement”) to Rule 144 promulgated under the Securities Act of 1933, the Company agrees provide that the Shares shall have certain S-3 and “piggyback,Piggyback” registration rights pursuant to and as set forth in Section 1.3 of the Company’s Second Amended and Restated Investors’ Rights Agreement; provided that, if the Company should fail timely to so amend the Rights Agreement, the Rights Agreement dated January 30, 2009, as may shall be deemed to be amended from time to time (the “Investors’ Rights Agreement”)provide such registration rights. The provisions set forth in the Investors’ Right Agreement therein 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.