Common use of Dilutive Effect Clause in Contracts

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrant is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Preferred Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Certificate of Designations and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Preferred Shares issuable upon exercise of the Warrants will may increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and its obligations to issue the Warrant Preferred Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, Certificate of Designations is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Note and the Other Notes and the Warrant Shares issuable upon exercise of the Warrants and the Other Warrants will be substantial and may increase in certain circumstances. The Company further acknowledges that that, subject to the terms and conditions of the Transaction Documents, its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement Note and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement Agreement, the Note and the Warrants, isWarrants are, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional unconditional, regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect effect, which may be substantial, that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Debenture or Warrant Shares issuable upon exercise of the Warrants Warrant will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and its obligations to issue the Warrant Shares upon the exercise of the Warrants Debenture in accordance with this Agreement and the WarrantsDebenture and its obligation to issue the Warrant Shares upon exercise of the Warrant in accordance with this Agreement and the Warrant, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Preferred Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and its obligations to issue the Warrant Preferred Shares upon the exercise of the Warrants in accordance with this Agreement and the WarrantsCertificate of Designations, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that --------------- the number of Conversion Shares issuable upon conversion of the Notes Preferred Shares and the Warrant Shares issuable issued upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and its obligations to issue the Warrant Preferred Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Certificate of Designations and its obligation to issue the Warrant Shares in accordance with this Agreement and the Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes Notes, and the number of Warrant Shares issuable upon exercise of the Warrants Warrants, will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes Preferred Shares and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Preferred Shares in accordance with this Agreement and the Certificate of Designations and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement Agreement, the Notes and the Indenture and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the --------------- number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrant is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Initial Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, Warrants in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes Preferred Shares and the Warrant Shares issuable issued upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and its obligations to issue the Warrant Preferred Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Certificate of Amendment and its obligation to issue the Warrant Shares in accordance with this Agreement and the Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the New Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the New Notes in accordance with this Agreement and the New Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares and Warrant Shares issuable upon conversion of the Notes Convertible Note and the Warrant Shares issuable upon exercise of the Warrants Warrants, respectively, will increase in certain circumstances. The Company further acknowledges and agrees that its obligation to issue Conversion Shares and Warrant Shares upon conversion of the Notes Convertible Note and exercise of the Warrants, respectively, in accordance with this Agreement and its obligations to issue Agreement, the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement Convertible Note, and the Warrants, isas applicable, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its any obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders shareholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will may increase in certain circumstances. The Company further acknowledges that that, except in case where an issuance would exceed the beneficial ownership limitation in Section 1(e) of this Agreement, its obligation to issue the Conversion Shares upon conversion of the Notes in accordance with this Agreement Series C Preferred Shares and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement Agreement, the Series C Preferred Shares and the Warrants, is, in each case, Warrants is absolute and unconditional unconditional, regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders shareholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the ---------------- number of Conversion Shares issuable upon conversion of the Notes and Notes, and, the Warrant Shares issuable upon exercise of the Warrants Warrants, will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges --------------- that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.. (h)

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants Warrants, will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional unconditional, regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and Notes, and, the Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon exercise of the Warrants will may increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes Convertible Debentures and the number of Warrant Shares issuable upon exercise of the Warrants Warrant, will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes Convertible Debentures in accordance with this Agreement and its obligations to issue the Convertible Debentures and Warrant Shares upon the exercise of the Warrants Warrant in accordance with this Agreement and the Warrants, is, in each case, Warrant is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and the Notes and its obligations obligation to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement and the Warrants, Warrants is, in each case, absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Shares issuable upon Debentures or exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and its obligations to issue the Warrant Shares upon the Debentures or exercise of the Warrants in accordance with this Agreement Agreement, the Debentures and the Warrants, is, in each case, Warrants is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest of other stockholders shareholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes Preferred Shares and the number of Warrant Shares issuable upon exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that its obligation obligations to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement Preferred Shares and its obligations to issue the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement Agreement, the Preferred Shares and the Warrants, isas the case may be, in each case, are absolute and unconditional regardless of the dilutive effect that such issuance issuances may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares issuable upon conversion of the Notes and the Warrant Preferred Shares issuable upon and/or exercise of the Warrants will increase in certain circumstances. The Company further acknowledges that that, subject to such limitations as are expressly set forth in the Transaction Documents, its obligation to issue Conversion Shares upon conversion of the Notes in accordance with this Agreement and its obligations to issue the Warrant Preferred Shares upon the and/or exercise of the Warrants in accordance with this Agreement Agreement, the Warrant to purchase Common Stock and the Warrants, is, in each case, Articles of Amendment is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.

Dilutive Effect. The Company understands and acknowledges that the number of Conversion Shares and Warrant Shares issuable upon conversion of the Convertible Notes and the Warrant Shares issuable upon exercise of the Warrants Warrants, respectively, will increase in certain circumstances. The Company further acknowledges and agrees that its obligation to issue Conversion Shares and Warrant Shares upon conversion of the Convertible Notes and exercise of the Warrants, respectively, in accordance with this Agreement and its obligations to issue Agreement, the Warrant Shares upon the exercise of the Warrants in accordance with this Agreement Convertible Notes, and the Warrants, isas applicable, in each case, is absolute and unconditional regardless of the dilutive effect that such issuance may have on the ownership interest interests of other stockholders of the Company.