Common use of Additional Commitment Shares Clause in Contracts

Additional Commitment Shares. 7.1 Subject to Section 7.2, the Company shall issue to Purchaser (or an entity affiliated with Purchaser, as designated by Purchaser) such number of shares of the Company’s common stock equal to an aggregate of (A) 1,250,000 divided by the Amendment Closing Price minus (B) 739,645 (such shares, the “Additional Commitment Shares”). The Additional Commitment Shares shall be issued upon the Additional Commitment Shares Stockholder Approval (it being acknowledged that the Company previously obtained stockholder approval as required by, and in accordance with, the applicable Listing Rules for the issuance of the Original Commitment Shares). 7.2 Notwithstanding anything herein to the contrary, the Company shall not issue any Additional Commitment Shares, and Purchaser shall not have the right to receive any Additional Commitment Shares, unless and until (a) the Company obtains stockholder approval as required by, and in accordance with, the applicable Listing Rules for the issuance of the Additional Commitment Shares (the “Additional Commitment Shares Stockholder Approval”) and (b) the Charter Amendment Acceptance occurs.