Common use of Tranche 3 Clause in Contracts

Tranche 3. Borrower may request a Term Loan or Term Loans under Tranche 3 in the principal amount of up to One Million Dollars ($1,000,000) at any time during the period 1) beginning on the date that Borrower has provided evidence acceptable to Bank of (a) positive interim 3-month results from the OUS Clinical Trial and 2) ending on June 30, 2015. The proceeds of the Tranche 3 Advances shall be used for general working capital purposes and for capital expenditures.

Tranche 3. Borrower may request a Term Loan or Term Loans under Tranche 3 in the principal amount of up to One Million Dollars ($1,000,000) at any time during the period 1) beginning on the date that Borrower has provided evidence acceptable to Bank of (a) positive interim 3-month results from the OUS Clinical Trial and 2) ending on June 30July 15, 2015. The proceeds of the Tranche 3 Advances shall be used for general working capital purposes and for capital expenditures. 4) Section 6.7(b)(ii) of the Agreement is hereby amended and restated, as follows:

Tranche 3. Borrower may request a Term Loan or Term Loans under Tranche 3 in the principal amount of up to One Million Dollars ($1,000,000) at any time during the period 1) beginning on the date that Borrower has provided evidence acceptable to Bank of (a) positive interim 3-month results from the OUS Clinical Trial and (b) a favorable call with 5am Ventures related to an additional investment in Borrower and 2) ending on June 30, 2015. The proceeds of the Tranche 3 Advances shall be used for general working capital purposes and for capital expenditures.