Common use of Share Cap Clause in Contracts

Share Cap. Notwithstanding anything herein to the contrary, the maximum number of shares of Common Stock issued or issuable pursuant to (A) this Warrant, (B) the Warrants issued pursuant to the terms of that certain Exchange Agreement, dated March 28, 2011, by and between the Company and the Initial Investors, and (C) all additional Warrants issued pursuant to the provisions of the 2012 Exchange Agreement may not exceed 28,000,000 shares of Common Stock.

Share Cap. Notwithstanding anything herein to the contrary, the maximum number of shares of Common Stock issued or issuable pursuant to (A) this Warrant, (B) the Warrants issued pursuant to the terms provisions of that certain the 2010 Exchange Agreement, dated March 28, 2011, by and between the Company and the Initial Investors, and (C) all additional Warrants issued pursuant to the provisions of the 2012 2011 Exchange Agreement and (D) all additional Warrants issued pursuant to the provisions of Section 2.15(a) of the Facility Agreement may not exceed 28,000,000 shares of Common Stock.

Share Cap. Notwithstanding anything herein to the contrary, the maximum number of shares of Common Stock (i) issued or issuable pursuant to (A) this Warrant, (B) the Warrants issued pursuant to the terms of that certain Exchange Agreement, dated March 28, 2011, by Warrant and between the Company and the Initial Investors, and (C) all additional Warrants issued pursuant to the provisions of Section 2.15(a) of the 2012 Exchange Facility Agreement may not exceed 28,000,000 shares of Common Stock and (ii) issued or issuable pursuant to all Warrants issued pursuant to the provisions of Section 2.15(b) of the Facility Agreement may not exceed 5,600,000 shares of Common Stock.