Common use of Class of Shares Clause in Contracts

Class of Shares. The class and series of the Company's capital stock for which this Warrant shall be exercisable (the "Class") shall be Qualified Financing Securities; provided, that if, prior to the consummation of the Qualified Financing, there shall be an Acquisition or IPO, or the Company shall consummate an Equity Financing that is not a Qualified Financing, or the Company shall not have consummated the initial closing of a Qualified Financing on or before June 30, 2009, then "Class" shall be Series A Stock (i) as of immediately prior to the effectiveness of the registration statement filed in connection with such IPO or the closing of such Acquisition, or (ii) as of immediately following the closing of such Equity Financing, or (iii) from and after July 1, 2009, as the case may be.

Class of Shares. The class and series of the Company's capital stock for which this Warrant shall be exercisable (the "Class") shall be Qualified Financing Securities; provided, that if, upon consummation of the Qualified Financing, the Qualified Financing Price shall be greater than the then-effective Series B Price, or if, prior to the consummation of the Qualified Financing, there shall be an Acquisition Acquisition, liquidation or IPO, or the Company shall consummate an Equity Financing that is not a Qualified Financing, or the Company shall not have consummated the initial closing of a Qualified Financing on or before June 30, 2009, then "Class" shall be Series A B Stock (i) from and after the consummation of the Qualified Financing or as of immediately prior to the effectiveness of the registration statement filed in connection with such IPO or the IPO, the closing of such the Acquisition, or (ii) as of immediately following the closing of such Equity Financing, or (iii) from and after July 1, 2009liquidation, as the case may be; and in any event subject to further adjustment from time to time in accordance with the provisions of this Warrant.