Common use of Shell Status Clause in Contracts

Shell Status. The Company is not currently a “shell” issuer. The Company was previously a “shell” issuer, however, at least 12 months have passed since the Company has reported filed form 10 type information with the Commission reporting it is no longer a “shell” issuer. Further, in addition to all other existing rights and obligations as set forth in the Debenture and the Warrant, the Company will instruct its counsel, at the Company’s expense, to either (i) issue a Rule 144 opinion to allow for salability of the Conversion Shares under the Debenture and the Warrant Shares under the Warrant (provided Purchaser shall provide, upon request, customary certifications for such counsel to rely upon to issue its opinion) or (ii) accept such opinion from Holder’s counsel.

Shell Status. The Company is not currently a “shell” issuer. The Company was issuer and that if it previously has been a “shell” issuer, however, issuer that at least 12 months have passed since the Company has reported filed form 10 type information with the Commission reporting indicating it is no longer a “shell” issuer. Further, in addition to all other existing rights and obligations as set forth in the Debenture Debentures and the WarrantSeries F COD, the Company will instruct its counsel, at the Company’s expense, to either (i) issue a Rule 144 opinion to allow for salability of the Conversion Underlying Shares under the Debenture Debentures and the Warrant Preferred Conversion Shares under the Warrant (provided Purchaser shall provide, upon request, customary certifications for such counsel to rely upon to issue its opinion) or (ii) accept such opinion from HolderPurchaser’s counsel.

Shell Status. The Company is not currently a “shell” issuer. The Company was issuer and that if it previously has been a “shell” issuer, however, issuer that at least 12 months have passed since the Company has reported filed form 10 type information with the Commission reporting indicating it is no longer a “shell” issuer. Further, in addition to all other existing rights and obligations as set forth in the Debenture Debentures and the WarrantWarrants, the Company will instruct its counsel, at the Company’s expense, to either (i) issue a Rule 144 opinion to allow for salability of the Conversion Underlying Shares under the Debenture Debentures and the Warrant Shares under the Warrant Warrants (provided Purchaser shall provide, upon request, customary certifications for such counsel to rely upon to issue its opinion) or (ii) accept such opinion from HolderPurchaser’s counsel.

Shell Status. The Company is not currently a “shell” issuer. The Company was previously a “shell” issuer, however, at least 12 months have passed since the Company has reported filed form 10 type information with the Commission reporting it is no longer a “shell” issuer. Further, in addition to all other existing rights and obligations as set forth in the Debenture Debentures and the WarrantWarrants, the Company will instruct its counsel, at the Company’s expense, to either (i) issue a Rule 144 opinion to allow for salability of the Conversion Shares under the Debenture Debentures and the Warrant Shares under the Warrant Warrants (provided Purchaser shall provide, upon request, customary certifications for such counsel to rely upon to issue its opinion) or (ii) accept such opinion from Holder’s counsel.