Common use of Concerning the Securities Clause in Contracts

Concerning the Securities. The issuance, sale and delivery of the Securities and the shares of Common Stock issuable upon the conversion or exercise thereof are within the Company's corporate powers and have been duly authorized by all required corporate action on the part of the Company and its stockholders and when such securities are issued, sold and delivered in accordance with the terms hereof and the Securities for the consideration expressed herein and in the Securities, such securities will be duly and validly issued, fully paid and nonassessable. There are no preemptive rights of any shareholders of the Company.

Concerning the Securities. The issuance, sale and delivery of the Securities Shares and the shares of Common Stock issuable upon the conversion or exercise thereof are within the Company's corporate powers and have been duly authorized by all required corporate action on the part of the Company and its stockholders and when such securities are issued, sold and delivered in accordance with the terms hereof and the Securities Shares for the consideration expressed herein and in the SecuritiesCertificate of Designation, such securities will be duly and validly issued, fully paid and nonassessable. There are no preemptive rights of any shareholders of the Company.