Common use of Amendment of Warrants Clause in Contracts

Amendment of Warrants. Each Warrant shall be amended as follows: a) The first paragraph of each Warrant shall be amended to include the following sentence at the end thereof: “Notwithstanding anything to the contrary herein, the exercise of this Warrant prior to the Stockholder Approval Date (to the extent required under the rules of Nasdaq) shall be subject to the Conversion Share Cap, and to the extent Stockholder Approval is so required for the complete exercise hereof, the termination date of this Warrant shall be extended for a period of time from the date such Stockholder Approval requirement is applicable and until the Stockholder Approval Date. Accordingly, the number of shares of Common Stock deliverable upon exercise of this Warrant, taken together with shares of Common Stock previously issued upon exercise of any Other Warrants or upon conversion of any Conversion Cap Notes (as defined in the Indenture) shall not exceed the Conversion Share Cap unless the Company shall have obtained the Stockholder Approval.” 1 This Amendment to be customized for section references of individual warrants as applicable. b) Section 1 shall be amended to add the following definitions in alphabetical order:

Amendment of Warrants. Each Warrant shall be amended as follows: a) The first paragraph of each Warrant shall be amended to include the following sentence at the end thereof: “Notwithstanding anything to the contrary herein, the exercise of this Warrant prior to the Stockholder Approval Date (to the extent required under the rules of Nasdaq) shall be subject to the Conversion Share Cap, and to the extent Stockholder Approval is so required for the complete exercise hereof, the termination date of this Warrant shall be extended for a period of time from the date such Stockholder Approval requirement is applicable and until the Stockholder Approval Date. Accordingly, the number of shares of Common Stock deliverable upon exercise of this Warrant, taken together with shares of Common Stock previously issued upon exercise of any Other Warrants or upon conversion of any Conversion Cap Notes (as defined in the Indenture) shall not exceed the Conversion Share Cap unless the Company shall have obtained the Stockholder Approval.” 1 This Amendment to be customized for section references of individual warrants as applicable.” b) Section 1 shall be amended to add the following definitions in alphabetical order: