Common use of Rule Clause in Contracts

Rule. If ------------------------------------------------------------ the Company receives written confirmation from NASDAQ that both the Common Stock and the Company's Class B common stock, par value $0.001 per share, are included for purposes of the Nasdaq 19.99% Rule (the "Nasdaq Confirmation"), then the Company shall provide to the Investor a letter or other written document containing the following representation: Under the Nasdaq 19.99% Rule, both the Common Stock and the Company's Class B common stock, par value $0.001 per share, are included when making a determination regarding the number of shares of common stock outstanding immediately prior to June 19, 2000, or at any other time a determination of the number of shares outstanding is made for purposes of the Nasdaq 19.99% Rule or determining the Exchange Cap (as defined in Section 12 of the Series B Certificate of Designations and in Section 11 of the Series D Certificate of Designations).