Common use of Remedies for Registrable Securities Clause in Contracts

Remedies for Registrable Securities. In any case in which a Holder of Preferred Shares and/or Warrants has the right to cause the purchase of its securities under this Section 2(b), it shall also have the right to cause the Company to purchase the Registrable Securities that such Holder owns, in whole or in part at the Holder's option, at a purchase price equal to 120% of the product of (a) the greater of the last closing price of the Common Stock on (i) the date a Holder exercises its option pursuant to this Section 2(b) or (ii) the date on which the event triggering Holder's remedies under this Section 2(b) first occurred, multiplied by (b) the number of Registrable Securities being sold to the Company, payable in cash. In the case in which a Holder of Preferred Shares or Warrants would have the right to receive Monthly Delay Payments with respect to Preferred Shares or Warrants under Section 2(b), it shall also have the right to receive payments with respect to Registrable Securities owned by it in an amount at the rate of the Monthly Delay Payments that would have applied to the Preferred Shares or Warrants converted into or exercised for Common Shares had such Preferred Shares or Warrants not been converted or exercised.

Remedies for Registrable Securities. In any case where a holder of Registrable Securities would be entitled to Monthly Delay Payments on Preferred Shares, but for the conversion of such Preferred Shares into Registrable Securities, the Monthly Delay Payments shall accrue on the original Liquidation Preference of the Preferred Shares from which the Registrable Securities where converted. In any case in which a Holder of Preferred Shares and/or Warrants has the right to cause the purchase of its securities Preferred Shares under this Section 2(b) (or would have such right but for the conversion of Preferred Shares), it shall also have the right to cause the Company to purchase of the Registrable Securities that it owns as follows: such Holder owns, in whole or in part at the Holder's option, shares shall be purchased at a purchase price ("Common Purchase Price") equal to 120% the Mandatory Repurchase Price of the product of (a) the greater of the last closing price of the Preferred Shares which were converted into Common Stock on (i) the date a Holder exercises its option pursuant to this Section 2(b) or (ii) the date on which the event triggering Holder's remedies under this Section 2(b) first occurred, multiplied by (b) the number of Registrable Securities being sold to the Company, payable in cashShares. In the case in which a Holder of Preferred Shares or Warrants would have the right to receive Monthly Delay Payments with respect to Preferred Shares or Warrants under Section 2(b), it shall also have the right to receive payments with respect to Registrable Securities owned by it in an amount at the rate of the Monthly Delay EXHIBIT 10.4 Payments that would have applied to the Preferred Shares or Warrants converted into or exercised for Common Shares had such Preferred Shares or Warrants not been converted or exercisedconverted.

Remedies for Registrable Securities. In any case in which a Holder of Preferred Shares, Option Shares and/or Warrants has the right to cause the purchase of its securities under this Section 2(b), it shall also have the right to cause the Company to purchase the Registrable Securities that such Holder owns, in whole or in part at the Holder's option, at a purchase price equal to 120% of the product of (a) the greater of the last closing price of the Common Stock on (i) the date a Holder exercises its option pursuant to this Section 2(b) or (ii) the date on which the event triggering Holder's remedies under this Section 2(b) first occurred, multiplied by (b) the number of Registrable Securities being sold to the Company, payable in cash. In the case in which a Holder of Preferred Shares or Warrants would have the right to receive Monthly Delay Payments with respect to Preferred Shares or Warrants under Section 2(b), it shall also have the right to receive payments with respect to Registrable Securities owned by it in an amount at the rate of the Monthly Delay Payments that would have applied to the Preferred Shares or Warrants converted into or exercised for Common Shares had such Preferred Shares or Warrants not been converted or exercised.

Remedies for Registrable Securities. In any case in which a Holder of Preferred Shares and/or Warrants has the right to cause the purchase of its securities Preferred Shares under this Section 2(b), it shall also have the right to cause the Company to purchase of the Registrable Securities that it owns as follows: in the case of Common Shares issued to such Holder ownspursuant to conversion of Preferred Shares and Warrant Shares issued to such Holder pursuant to exercise of Warrants, in whole or in part at the Holder's option, such shares shall be purchased at a purchase price per share ("Common Purchase Price") equal to 120% of the product of (a) the greater of the last closing bid price of the a share of Common Stock on (i) the date a Holder exercises its option Approved Market on which it is traded as of the time such Common Shares or Warrant Shares were received pursuant to this Section 2(b) conversion of Preferred Shares or (ii) exercise of the date on which Warrants, as the event triggering Holder's remedies under this Section 2(b) first occurredcase may be; provided, multiplied by (b) the number however, that such Holder may revoke such 10 11 request at any time prior to receipt of Registrable Securities being sold to the Company, payable in cashsuch payment of such redemption price. In the case in which a Holder of Preferred Shares or Warrants would have the right to receive Monthly Delay Payments default payments with respect to Preferred Shares or Warrants under Section 2(b), it shall also have the right to receive default payments with respect to Registrable Securities owned by it in an amount at the rate equal to two percent (2%) per 30-day period of the Monthly Delay Payments that would have applied to the Preferred Shares or Warrants converted into or exercised for aggregate Common Shares had Purchase Price amount of such Preferred Shares or Warrants not been converted or exercisedRegistrable Securities.

Remedies for Registrable Securities. In any case in which a Holder of Preferred Shares Shares, Options and/or Warrants has the right to cause the purchase of its securities under this Section 2(b), it shall also have the right to cause the Company to purchase the Registrable Securities that such Holder owns, in whole or in part at the Holder's option, at a purchase price equal to 120125% of the product of (a) the greater of the last closing price of the Common Stock on (i) the date a Holder exercises its option pursuant to this Section 2(b) or (ii) the date on which the event triggering Holder's remedies under this Section 2(b) first occurred, multiplied by (b) the number of Registrable Securities being sold to the Company, payable in cash. In the case in which a Holder of Preferred Shares Shares, Options or Warrants would have the right to receive Monthly Delay Payments with respect to Preferred Shares Shares, Options or Warrants under Section 2(b), it shall also have the right to receive payments with respect to Registrable Securities owned by it in an amount at the rate of the Monthly Delay Payments that would have applied to the Preferred Shares Shares, Options or Warrants converted into or exercised for Common Shares had such Preferred Shares Shares, Options or Warrants not been converted or exercised.

Remedies for Registrable Securities. In any case where a holder of Registrable Securities would be entitled to Monthly Delay Payments on Preferred Shares, but for the conversion of such Preferred Shares into Registrable Securities, the Monthly Delay Payments shall accrue on the original Liquidation Preference of the Preferred Shares from which the Registrable Securities where converted. In any case in which a Holder of Preferred Shares and/or Warrants has the right to cause the purchase of its securities Preferred Shares under this Section 2(b) (or would have such right but for the conversion of Preferred Shares), it shall also have the right to cause the Company to purchase of the Registrable Securities that it owns as follows: such Holder owns, in whole or in part at the Holder's option, shares shall be purchased at a purchase price ("Common Purchase Price") equal to 120% the Mandatory Repurchase Price of the product of (a) the greater of the last closing price of the Preferred Shares which were converted into Common Stock on (i) the date a Holder exercises its option pursuant to this Section 2(b) or (ii) the date on which the event triggering Holder's remedies under this Section 2(b) first occurred, multiplied by (b) the number of Registrable Securities being sold to the Company, payable in cashShares. In the case in which a Holder of Preferred Shares or Warrants would have the right to receive Monthly Delay Payments with respect to Preferred Shares or Warrants under Section 2(b), it shall also have the right to receive payments with respect to Registrable Securities owned by it in an amount at the rate of the Monthly Delay Payments that would have applied to the Preferred Shares or Warrants converted into or exercised for Common Shares had such Preferred Shares or Warrants not been converted or exercisedconverted.