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 provisions of the 2010 Exchange Agreement, (C) all additional Warrants issued pursuant to the provisions of the 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 issued or issuable pursuant to (A) this Warrant, (B) the Warrants issued pursuant to the provisions terms of the 2010 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 2011 2012 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 provisions of the 2010 Exchange Agreement, (C) all additional Warrants issued pursuant to the provisions of the 2011 Exchange Agreement Warrant 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 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.