Common use of Rights to Acquire Clause in Contracts

Rights to Acquire. Except for (i) the conversion privileges of the Preferred Stock, (ii) the rights of first refusal provided in Section 4 of the Investors’ Rights Agreement, (iii) the Five Million (5,000,000) shares of Common Stock reserved for issuance to employees, consultants and/or directors pursuant to the Company’s 2006 Stock Option/Stock Issuance Plan (the “Option Plan”), of which options to purchase an aggregate of Three Million Nine Hundred Forty-Four Thousand Sixty-Nine (3,944,069) shares of Common Stock are currently outstanding, (iv) outstanding warrants to purchase Sixty Four Thousand (64,000) shares of Common Stock and (vi) outstanding restricted stock units for the issuance of One Million One Hundred and Four Thousand and Ten (1,104,010) shares of Common Stock, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Company of any shares of its capital stock.

Rights to Acquire. Except for (i) the conversion privileges of the Preferred Stock, (ii) the rights of first refusal provided in Section 4 of the Investors’ Rights Agreement, (iii) the Five Million (5,000,000) shares of Common Stock reserved for issuance to employees, consultants and/or directors pursuant to the Company’s 2006 Stock Option/Stock Issuance Plan (the “Option Plan”), of which options to purchase an aggregate of Three Million Nine Eight Hundred Forty-Four Seven Thousand Sixty-Nine Two Hundred Two (3,944,0693,807,202) shares of Common Stock are currently outstanding, (iv) outstanding warrants to purchase Sixty Four Three Million Five Hundred Ten Thousand Two Hundred Eight (64,0003,510,208) shares of Common Stock and (vi) outstanding restricted stock units for the issuance of One Million One Hundred and Four Thousand and Ten (1,104,010) shares of Common Stock, and (v) the Company’s obligation to purchase 277,779 shares of Series C-1 Preferred Stock from TEL Venture Capital Inc. (“TEL”) in the event certain conditions are not met and TEL requests that Unidym purchases the 277,779 shares, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Company of any shares of its capital stock.

Rights to Acquire. Except for (i) the conversion privileges of the Preferred Stock, (ii) the rights of first refusal (the “Existing Refusal Rights”) provided in Section 4 of the Amended and Restated Investors’ Rights Agreement, dated as of April 20, 2007, by and among the Company and such investors (the “Existing Investors’ Rights Agreement”), (iii) the Five Million (5,000,000) shares of Common Stock reserved for issuance under to employees, consultants and/or directors pursuant to the Company’s 2006 Stock Option/Stock Issuance Plan (the “Option Plan”), of which options to purchase an aggregate of Three Million Nine Three Hundred FortySeventy-Four Eight Thousand Sixty-Nine Two Hundred Twenty Seven (3,944,0693,778,227) shares of Common Stock granted to employees, consultants and/or directors are currently outstanding, (iv) outstanding warrants to purchase Sixty Four Thousand (64,000) shares of Common Stock and (vi) outstanding restricted stock units for the issuance of One Million One Hundred and Four Ten Thousand and Ten (1,104,010) shares of Common Stock, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Company of any shares of its capital stock.. In connection with the Initial Closing, the Existing Investors’ Rights Agreement will be amended and restated in its entirety to read in the form attached to this Agreement as Exhibit A.

Rights to Acquire. Except for (i) the conversion privileges of the Preferred Stock, (ii) the rights of first refusal provided in Section 4 of the Investors’ Rights Agreement, (iii) the Five Million (5,000,000) shares of Common Stock reserved for issuance to employees, consultants and/or directors pursuant to the Company’s 2006 Stock Option/Stock Issuance Plan (the “Option Plan”), of which options to purchase an aggregate of Three Million Eight Hundred Thirty-One Thousand Nine Hundred Forty-Four Thousand Sixty-Nine Forty Five (3,944,0693,831,945) shares of Common Stock are currently outstanding, (iv) outstanding warrants to purchase Sixty Four Thousand (64,000) shares of Common Stock and (vi) outstanding restricted stock units for the issuance of One Million One Hundred and Four Thousand and Ten (1,104,010) shares of Common Stock, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Company of any shares of its capital stock.

Rights to Acquire. Except for (i) the conversion privileges of the Preferred Stock, (ii) the rights of first refusal provided in Section 4 of the Investors’ Rights Agreement, (iii) the Five Million (5,000,000) shares of Common Stock reserved for issuance to employees, consultants and/or directors pursuant to the Company’s 2006 Stock Option/Stock Issuance Plan (the “Option Plan”), of which options to purchase an aggregate of Three Million Nine Hundred Forty-Four Thousand Sixty-Nine (3,944,069) 2,226,250 shares of Common Stock are currently outstanding, (iv) outstanding warrants to purchase Sixty Three Million Six Hundred Seventy Four Thousand Two Hundred and Eight (64,0003,674,208) shares of Common Stock and (vi) outstanding restricted stock units for the issuance of One Million One Hundred and Four Thousand and Ten (1,104,010) shares of Common Stock, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Company of any shares of its capital stock.

Rights to Acquire. Except for (i) the conversion privileges of the Preferred Stock, (ii) the rights of first refusal provided in Section 4 of the Investors’ Rights Agreement, (iii) the Five Million (5,000,000) shares of Common Stock reserved for issuance to employees, consultants and/or directors pursuant to the Company’s 2006 Stock Option/Stock Issuance Plan (the “Option Plan”), of which options to purchase an aggregate of Three Million Nine Eight Hundred Forty-Four and Seven Thousand Sixty-Nine Two Hundred and Two (3,944,0693,807,202) shares of Common Stock are currently outstanding, (iv) outstanding warrants to purchase One Hundred and Sixty Four Thousand (64,000164,000) shares of Common Stock and (vi) outstanding restricted stock units for the issuance of One Million One Hundred and Four Thousand and Ten (1,104,010) shares of Common Stock, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Company of any shares of its capital stock.

Rights to Acquire. Except for (i) the conversion privileges of the Series C-2 Preferred StockStock to be issued under this Agreement, (ii) the rights of first refusal provided in Section 4 of that certain Investors’ Rights Agreement previously entered into as of June 4, 2004 by and among the Company, certain Investors and the other parties, thereto (as amended to date, the “Investors’ Rights Agreement”), (iii) the Five conversion privileges of the Series B Preferred Stock, the Series C Preferred Stock and the Series D Preferred Stock, (iv) currently outstanding options to purchase Three Million Three Hundred Eighty Four Thousand Twenty Eight (5,000,0003,384,028) shares of Common Stock reserved for issuance granted to employees, consultants and/or directors pursuant to the Company’s 2006 2000 Stock Option/Stock Issuance Plan (the “Option Plan”), of which options to purchase an aggregate of Three Million Nine Hundred Forty-Four Thousand Sixty-Nine (3,944,069) shares of Common Stock are currently outstanding, (iv) outstanding warrants to purchase Sixty Four Thousand (64,000) shares of Common Stock and (viv) outstanding restricted stock units for the issuance of One Million One Hundred and Four Thousand and Ten (1,104,010) shares of Common StockWarrants issued under this Agreement, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Company of any shares of its capital stock. The Company has reserved an additional Two Million Seven Hundred Sixty Four Thousand Seven Hundred Ninety Two (2,764,792) shares of its Common Stock for issuance under the Option Plan.