Common use of REPORTS UNDER THE 1934 ACT Clause in Contracts

REPORTS UNDER THE 1934 ACT. Until the date on which (A) the Investors shall have sold all the Conversion Shares and the Warrant Shares and (B) none of the Notes or Warrants is outstanding, with a view to making available to the Investors the benefits of Rule 144 promulgated under the 1933 Act or any other similar rule or regulation of the SEC that may at any time permit the Investors to sell securities of the Company to the public without registration ("Rule 144"), the Company agrees to:

REPORTS UNDER THE 1934 ACT. Until the earlier of the date on which (A) the Investors shall have sold all the Conversion Shares, the Interest Shares and the Warrant Shares and Shares, (B) none of the Notes Senior Debentures or Warrants is outstanding, with a view or (C) pursuant to making available to Rule 144(k) the Investors the benefits of Rule 144 promulgated under the 1933 Act or any other similar rule or regulation of the SEC that may at any time permit the Investors are permitted to sell securities of the Company to the public without registration ("Rule 144")registration, the Company agrees to:

REPORTS UNDER THE 1934 ACT. Until the date on which (A) the Investors shall have sold all the Conversion Shares and the Warrant Shares and (B) none of the Notes or Warrants is outstanding, with a view to making available to the Investors the benefits of Rule 144 promulgated under the 1933 Act or any other similar rule or regulation of the SEC that may at any time permit the Investors to sell securities of the Company to the public without registration ("“Rule 144"”), the Company agrees to:

REPORTS UNDER THE 1934 ACT. Until the date on which (A) the Investors shall have sold all the Conversion Shares and the Warrant Shares and (B) none of the Notes Preferred Shares or Warrants is outstanding, with a view to making available to the Investors the benefits of Rule 144 promulgated under the 1933 Act or any other similar rule or regulation of the SEC that may at any time permit the Investors to sell securities of the Company to the public without registration ("“Rule 144"”), the Company agrees to:

REPORTS UNDER THE 1934 ACT. Until the date on which (A) the Investors shall have sold all the Conversion Shares and the Warrant Shares and (B) none of the Notes Preferred Shares or Warrants is outstanding, with a view to making available to the Investors the benefits of Rule 144 promulgated under the 1933 Act or any other similar rule or regulation of the SEC that may at any time permit the Investors to sell securities of the Company to the public without registration ("Rule RULE 144"), the Company agrees to:

REPORTS UNDER THE 1934 ACT. Until the date on which (A) the Investors shall have sold all the Conversion Shares and the Warrant Shares and (B) none of the Notes or Warrants is outstandingCommon Shares, with a view to making available to the Investors the benefits of Rule 144 promulgated under the 1933 Act or any other similar rule or regulation of the SEC that may at any time permit the Investors to sell securities of the Company to the public without registration ("“Rule 144"”), the Company agrees to:

REPORTS UNDER THE 1934 ACT. Until the date on which (A) the Investors shall have sold all the Conversion Shares and the Warrant Shares and (B) none of the Notes Preferred Shares or Warrants is outstanding, with a view to making available to the Investors the benefits of Rule 144 promulgated under the 1933 Act or any other similar rule or regulation of the SEC that may at any time permit the Investors to sell securities of the Company to the public without registration ("“Rule 144"“), the Company agrees to:

REPORTS UNDER THE 1934 ACT. Until the date on which (A) the Investors shall have sold all the Conversion Shares and the Warrant Shares and (B) none of the Notes or Warrants Preferred Shares is outstanding, with a view to making available to the Investors the benefits of Rule 144 promulgated under the 1933 Act or any other similar rule or regulation of the SEC that may at any time permit the Investors to sell securities of the Company to the public without registration ("“Rule 144"”), the Company agrees to: