Common use of Form of Initial Public Equity Offering Clause in Contracts

Form of Initial Public Equity Offering. The Company agrees that it will not make an Initial Public Equity Offering of any class of its Capital Stock (as defined below) (other than the class of Capital Stock into which the Warrants are exercisable) without adopting any amendments to the terms of the Company's articles of incorporation that may be necessary to provide that the Warrant Shares are convertible into such class of Capital Stock subject to the Initial Public Equity Offering (the "Subject Class") on a share-for-share basis or other equitable basis and that the rights, conditions and privileges of the Subject Class shall not be adverse to the holders of the Warrant Shares.

Form of Initial Public Equity Offering. The Company agrees that it will not make an Initial Public Equity Offering of any class of its Capital Stock (as defined below) (other than the class of Capital Stock into which the Warrants are exercisable) without adopting any amendments to the terms of the Company's articles of incorporation that may be necessary to provide that the Warrant Shares are convertible into such class of Capital Stock subject to the Initial Public Equity Offering (the "Subject ClassSUBJECT CLASS") on a share-for-share basis or other equitable basis and that the rights, conditions and privileges of the Subject Class shall not be adverse to the holders of the Warrant Shares.