Common use of Right of Action Clause in Contracts

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other holder of a Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in with respect to this Agreement are vested in the respective registered holders Holders of the Warrant Certificates; Warrants, and any registered holder Holder of any Warrant CertificateWarrant, without the consent of the Warrant Agent or the Holders of any other holder of a Warrant CertificateWarrant, may, in his on such Holder's own behalf and for his such Holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his such Holder's right to exercise the such Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate representing such Warrants and in this Agreement.

Right of Action. All rights of action in respect to of this Agreement are vested in the respective registered holders Holders of the Warrant Certificates; certificates, and any registered holder Holder of any Warrant Certificatecertificate, without the consent of the Warrant Agent or of the Holder of any other holder of a Warrant Certificatecertificate, may, in his on such Holder's own behalf and for his such Holder's own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his such Holder's right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock certificate in the manner provided in the such Warrant Certificate certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement of the Warrants are vested in the respective registered holders Holders of the Warrant Certificates; , and any registered holder Holder of any Warrant Certificate, without the consent of the Warrant Agent or Holder of any other holder of a Warrant Certificate, may, in his on its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his its right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Certificate in the manner provided in the such Warrant Certificate and in this Warrant Agreement.

Right of Action. All rights of action in respect to this Agreement of the Warrants are vested in the respective registered holders of the Warrant Certificates; Warrants and any registered holder of any Warrant CertificateWarrant, without the consent of the Warrant Agent or holder of any other holder of a Warrant CertificateWarrant, may, in his its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his its right to exercise the Warrants evidenced held by such Warrant Certificate, for the purchase of shares of the Common Stock it in the manner provided in the Warrant Certificate and in this Agreementtherein.

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other the holder of a Warrant any Certificate, may, in on his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding preceding against the Company suitable to enforce, or otherwise in respect of, his the holder's right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock and any other securities and property of the Company in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other holder of a Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such the Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement of the Warrants are vested in the respective registered holders of the Warrant Certificates; , and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or holder of any other holder of a Warrant Certificate, may, in his on its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his its right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Certificate in the manner provided in the such Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to of this Agreement Warrant Certificate are vested in the respective registered holders of the Warrant CertificatesHolders; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other holder of a Warrant Certificate, Holders may, in his its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his its right to exercise the Warrants evidenced by such this Warrant Certificate, for the purchase of shares of the Common Stock Certificate in the manner provided in the this Warrant Certificate and in this AgreementCertificate.

Right of Action. All rights of action in with respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other holder of a Warrant Certificate, may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to of this Agreement are vested in the respective registered holders of the Warrant Certificates; and any Warrants. Any registered holder of any Warrant CertificateWarrant, without the consent of the Warrant Agent or the registered holder of any other holder of a Warrant CertificateWarrant, may, may in his such holder's own behalf and for his such holder's own benefit, benefit enforce, and may institute and maintain any suit, action action, or proceeding against the Company suitable to enforce, or otherwise in respect of, his such holder's right to exercise the such holder's Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate representing such Warrants and in the Company's obligations under this AgreementAgreement and the Warrants.

Right of Action. All rights of action in respect to of this Agreement are vested in the respective registered holders of the Warrant Certificates; and any Warrants. Any registered holder of any Warrant CertificateWarrant, without the consent of the Warrant Agent or the registered holder of any other holder of a Warrant CertificateWarrant, may, may in his such holder's own behalf and for his such holder's own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his such holder's right to exercise the such holder's Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate representing such Warrants and in the Company's obligations under this AgreementAgreement and the Warrants.

Right of Action. All rights of action in respect to of this Agreement are vested in the Company and the respective registered holders of the Warrant Subscription Certificates; and any registered holder of any Warrant Subscription Certificate, without the consent of the Warrant Agent or of the holder of any other holder of a Warrant Subscription Certificate, may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his right to exercise the Warrants Rights evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Subscription Certificate in the manner provided in the Warrant such Subscription Certificate and in this Agreement.

Right of Action. All rights of action in respect to of this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other holder of a Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant CertificatesWarrantholders; and any registered holder of any Warrant CertificateWarrantholder, without the written consent of the Warrant Agent or of any other holder of a Warrant CertificateWarrantholder, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such his Warrant Certificate, for the purchase of shares of the Common Stock Shares in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other holder of a Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement of the Warrants are vested in the respective registered holders of the Warrant Certificates; , and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or registered holder of any other holder of a Warrant Certificate, may, in his its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his its right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Certificate in the manner provided in the such Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to of this Agreement are vested in the Company and the respective registered holders of the Warrant Subscription Certificates; , and any registered holder of any Warrant Subscription Certificate, without the consent of the Warrant Subscription Agent or of the holder of any other holder of a Warrant Subscription Certificate, may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his right to exercise the Warrants Rights evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Subscription Certificate in the manner provided in the Warrant such Subscription Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the written consent of the Warrant Agent or of any other holder of a Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Shares in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of the holder of any other holder of a Warrant Certificate, may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, Certificate for the purchase of shares of the Common Stock Warrant Securities in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement of the Warrants are vested in the respective registered holders of the Warrant Certificates; , and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or holder of any other holder of a Warrant Certificate, may, in his its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his its right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Certificate in the manner provided in the such Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement of the Warrants are vested in the respective registered holders of the Warrant Certificates; Certificate, and any registered holder Holder of any Warrant Certificate, without the consent of the Warrant Agent or registered Holder of any other holder of a Warrant Certificate, may, in his its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his its right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Certificate in the manner provided in the such Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant and Unit Certificates; and any registered holder of any Warrant or Unit Certificate, without the consent of the Warrant Transfer Agent or of any other holder of a Warrant or Unit Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.the

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other holder of a Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the New Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other the holder of a any Warrant Certificate, may, in his such holders own behalf and for his such holders own benefit, enforce, and may institute and maintain maintain, any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his such holders right to exercise the Warrants evidenced by such Warrant Certificate, Certificate for the purchase of shares of the Common Stock in the manner provided in the such Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement of the Warrants are vested in the respective registered holders of the Warrant Certificates; , and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or holder of any other holder of a Warrant Certificate, may, in his on its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable MSC to enforce, or otherwise act in respect of, his its right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Certificate in the manner provided in the such Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to of this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of the holder of any other holder of a Warrant Certificate, may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his rights relating to the Warrants, including his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner as provided in the such Warrant Certificate and in this Agreement.

Right of Action. All rights of action in with respect to this Agreement are vested in the respective registered holders Holders of the Warrant Certificates; Warrants, and any registered holder Holder of any Warrant CertificateWarrant, without the consent of the Warrant Agent or the Holders of any other holder of a Warrant CertificateWarrant, may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company Newco suitable to enforce, or otherwise in respect of, his right to exercise the his Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate representing his Warrants and in this Agreement.

Right of Action. All rights of action in respect to of this --------------- Agreement are vested in the Company and the respective registered holders of the Warrant Subscription Certificates; and any registered holder of any Warrant Subscription Certificate, without the consent of the Warrant Subscription Agent or of the holder of any other holder of a Warrant Subscription Certificate, may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his right to exercise the Warrants Rights evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Subscription Certificate in the manner provided in the Warrant such Subscription Certificate and in this Agreement.

Right of Action. All rights of action in respect to of this Agreement are vested in the Company and the respective registered holders of the Warrant Subscription Certificates; and any registered holder of any Warrant Subscription Certificate, without the consent of the Warrant Subscription Agent or of the holder of any other holder of a Warrant Subscription Certificate, may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his right to exercise the Warrants Rights evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Subscription Certificate in the manner provided in the Warrant such Subscription Certificate and in this Agreement.

Right of Action. All rights of action in respect to this --------------- Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other the holder of a any Warrant Certificate, may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to of this Agreement are vested in the respective registered holders of the Warrant Certificates; and any Warrants. Any registered holder of any Warrant CertificateWarrant, without the consent of the Warrant Agent or the registered holder of any other holder of a Warrant CertificateWarrant, may, may in his such holder's own behalf and for his such holder's own benefit, benefit enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his such holder's right to exercise the such holder's Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate representing such Warrants and in this Agreement.

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant and Unit Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other holder of a Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to of this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of the holder of any other holder of a Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.holder's

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other the holder of a any Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding preceding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement of the Warrants are vested in the respective registered holders Holders of the Warrant Certificates; , and any registered holder Holder of any Warrant Certificate, without the consent of the Warrant Agent or Holder of any other holder of a Warrant Certificate, may, in his on its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his its right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Certificate in the manner provided in the such Warrant Certificate and in this Warrant Agreement.

Right of Action. All rights of action in respect to this Agreement --------------- are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, Certificate without the consent of the Warrant Agent or of any other the holder of a any Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding preceding against the Company suitable to enforce, enforces or otherwise in respect of, of his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to of this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of the holder of any other holder of a Warrant Certificate, may, in his such holder's own behalf and for his such holder's own benefit, enforce, and may institute and maintain any suitsuit action, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his such holder's right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Certificate in the manner provided in the such Warrant Certificate and in this AgreementCertificate.

Right of Action. All rights of action in respect to of this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of the holder of any other holder of a Warrant Certificate, may, in his own behalf and for his own benefit, enforce, and may institute and maintain any through a suit, action or proceeding against the Company suitable to enforce, or otherwise in respect ofany other legal manner, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and as provided in this AgreementAgreement and Warrant Certificate.

Right of Action. All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other holder of a Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, of his right to exercise the 1998 Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.

Right of Action. All rights of action in respect to this Agreement of the --------------- Warrants are vested in the respective registered holders Holders of the Warrant Certificates; , and any registered holder Holder of any Warrant Certificate, without the consent of the Warrant Agent or Holder of any other holder of a Warrant Certificate, may, in his on its own behalf and for his its own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his its right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock Certificate in the manner provided in the such Warrant Certificate and in this Warrant Agreement.

Right of Action. All rights of action in respect to of this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or holder of any other holder of a Warrant Certificate, may, in on his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise act in respect of, his rights relating to the Warrants, including his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner as provided in the such Warrant Certificate and in this Agreement.