Common use of Shares To Be Fully Paid and Nonassessable Clause in Contracts

Shares To Be Fully Paid and Nonassessable. All shares of Non-Voting Common Stock issued upon the exercise of this Warrant and all shares of Voting Common Stock issued upon the conversion of such Non-Voting Common Stock shall be validly issued, fully paid and nonassessable and, if such class of Common Stock is then quoted on NASDAQ or listed on any national securities exchange (as defined in the Exchange Act), shall be duly quoted or listed thereon, as the case may be.

Shares To Be Fully Paid and Nonassessable. All shares of Non-Voting Common Stock issued upon the exercise of this Warrant and all shares of Voting Common Stock issued upon the conversion of such Non-Voting Common Stock shall be validly issued, fully paid and nonassessable and, if such class of Common Stock is then quoted on NASDAQ or listed on any national securities exchange (as defined in the Exchange Act)) or quoted on NASDAQ, shall be duly listed or quoted or listed thereon, as the case may be.

Shares To Be Fully Paid and Nonassessable. d. All shares of Non-Voting Common Stock issued upon the exercise of this Warrant and all shares of Voting Common Stock issued upon the conversion of such Non-Voting Common Stock shall be validly issued, fully paid and nonassessable and, if such class of Common Stock is then quoted on NASDAQ or listed on the American Stock Exchange or any other national securities exchange (as defined in the Exchange Act)) or quoted on Nasdaq, shall be duly listed or quoted or listed thereon, as the case may be.

Shares To Be Fully Paid and Nonassessable. All shares of Non-Voting Common Stock issued upon the exercise of this Warrant and all shares of Voting Common Stock issued upon the conversion of such Non-Voting Common Stock shall be validly issued, fully paid and nonassessable and, if such class of Common Stock is then quoted on NASDAQ or listed on any national securities exchange (as defined in the Exchange Act), shall be duly quoted or listed thereon, as the case may benonassessable.