Common use of Rights to Acquire Clause in Contracts

Rights to Acquire. Except for (i) restricted stock and options to purchase an aggregate of 963,081 shares of Common Stock granted and outstanding under the Borrower’s Omnibus Stock Incentive Plan (the “Company Option Plan”) and (ii) warrants to purchase an aggregate of 3,072,074 shares of Common Stock granted and outstanding, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Borrower of any shares of its capital stock as of the date hereof. The Borrower has reserved a total of 3,700,000 shares of Common Stock for issuance under the Company Option Plan (including the shares described above).

Rights to Acquire. Except for (i) restricted stock and options to purchase an aggregate of 963,081 955,518 shares of Common Stock granted and outstanding under the BorrowerIssuer’s Omnibus Stock Incentive Plan (the “Company Option Plan”) and ), (ii) warrants to purchase an aggregate of 3,072,074 5,572,074 shares of Common Stock granted and outstanding(iii) outstanding and additional grants to the Issuer’s Chief Executive Officer and Chief Financial Officer on or before the Closing Date of restricted stock totaling 450,000 shares, there are not outstanding any options, warrants, rights (including conversion or preemptive rights) or agreements for the purchase or acquisition from the Borrower Issuer of any shares of its capital stock as of the date hereof. The Borrower Issuer has reserved a total of 3,700,000 shares of Common Stock for issuance under the Company Option Plan (including the shares described above).