Common use of Participation Right Clause in Contracts

Participation Right. From the date hereof until 24 months after the Closing, the Company shall not effect any Subsequent Placement unless the Company shall have first complied with this Section 4.15. The Company acknowledges and agrees that the right set forth in this Section 4.15 is a right granted by the Company to Co-Investment Fund, for so long as it or any of its affiliates in the aggregate holds at least one percent of the Common Stock Deemed Outstanding (as defined in the Warrants) (the “Designated Investor”).

Participation Right. From the date hereof until 24 months after the Closing, except for the Other Securities Purchase Agreements, if any, the Company shall not effect any Subsequent Placement unless the Company shall have first complied with this Section 4.15. The Company acknowledges and agrees that the right set forth in this Section 4.15 is a right granted by the Company to Co-Investment Fundeach Investor, for so long as it or any of its affiliates in the aggregate holds at least one percent of the Common Stock Deemed Outstanding (as defined in the Warrants) (the “Designated Investor”)then outstanding on a fully-diluted basis.

Participation Right. From the date hereof until 24 months after the Closing, except for the Other Securities Purchase Agreements, if any, and the Rights Offering, the Company shall not effect any Subsequent Placement unless the Company shall have first complied with this Section 4.154.15 . The Company acknowledges and agrees that the right set forth in this Section 4.15 is a right granted by the Company to Co-Investment Fundeach Investor, for so long as it or any of its affiliates in the aggregate holds at least one percent of the Common Stock Deemed Outstanding (as defined in the Warrants) (the “Designated Investor”).

Participation Right. From the date hereof until 24 months after the Closing, the Company shall not effect any Subsequent Placement unless the Company shall have first complied with this Section 4.15. The Company acknowledges and agrees that the right set forth in this Section 4.15 is a right granted by the Company to the Co-Investment FundFund II L.P., for so long as it or any of its affiliates in the aggregate holds at least one percent of the Common Stock Deemed Outstanding (as defined in the Warrants) (the “Designated Investor”).

Participation Right. From the date hereof until 24 months after the Closing, except for the Other Securities Purchase Agreements, if any, the Company shall not effect any Subsequent Placement unless the Company shall have first complied with this Section 4.15. The Company acknowledges and agrees that the right set forth in this Section 4.15 is a right granted by the Company to Co-Investment Fundeach Investor, for so long as it or any of its affiliates in the aggregate holds at least one percent of the Common Stock Deemed Outstanding (as defined in the Warrants) (the “Designated Investor”).

Participation Right. From the date hereof until 24 months after the Closing, the Company shall not effect any Subsequent Placement unless the Company shall have first complied with this Section 4.15. The Company acknowledges and agrees that the right set forth in this Section 4.15 is a right granted by the Company to Co-Investment Fundeach Investor, for so long as it or any of its affiliates in the aggregate holds at least one percent of the Common Stock Deemed Outstanding (as defined in the Warrants) (the “Designated Investor”).