Maximum Eligibility Number

Maximum Eligibility Number. Means initially zero and shall be increased by an amount equal to the aggregate number of the Holder's Series A Warrants exercised during the period from and after the Issuance Date as indicated in column (2) of Schedule I attached hereto, such that the Maximum Eligibility Number at any given time shall be as set forth in column (3) of such Schedule I; provided; that the Maximum Eligibility Number shall be [ ] on the date when all Series A Warrants have been exercised as... adjusted for any stock dividend, stock split, stock combination, reclassification or similar transactions. View More

Maximum Eligibility Number. Means initially zero and shall be increased to the aggregate number of Warrant Shares underlying this Warrant on the date thirty-one (31) Trading Days after the occurrence of an EBITDA 2011 Failure (as defined in the SPA Securities).

Maximum Eligibility Number. Means initially zero and shall be increased successively each time that the Company elects an Optional Redemption (as defined in the Notes) to that number of shares of Common Stock issuable upon conversion of the Notes being redeemed by the Company at such time. 17

Maximum Eligibility Number. Means initially zero and such number shall be increased (but not decreased) on July [SERIES A: 12][SERIES B: 30], 2012 (the "Reset Date") to equal the number of shares, if greater than zero, obtained by subtracting (I) [ ](2) from (II) the number of shares of Common Stock calculated by dividing (x) $[ ](3) by (y) the Reset Price.

Maximum Eligibility Number. Initially zero and shall be increased (such increase, an "Adjustment") upon the occurrence of any Dilutive Issuance to such number of shares of Common Stock equal to the Adjustment Share Amount as of such time.

Maximum Eligibility Number. Means initially zero and shall be increased (such increase, an "Adjustment") upon the Adjustment Time to such number of shares of Common Stock equal to the Adjustment Share Amount.

Maximum Eligibility Number. Means initially zero and shall be increased upon any exercise of the Series B Warrant held by the Holder by such aggregate number of shares of Common Stock equal to the quotient of (x) the applicable Aggregate Exercise Price (as defined in the Series B Warrant) with respect to such exercise (assuming solely for such purpose that no portion of the Aggregate Exercise Price is paid by Cashless Exercise (as defined in the Series B Warrant)) divided by (y) the Exercise Price (as defined in the... Series B Warrant) then in effect. View More

Maximum Eligibility Number. Means initially 868,056 (as adjusted for any stock splits, stock dividends, stock combinations, recapitalizations or other similar transactions) and shall be increased (such increase, an "Adjustment") upon the Adjustment Time by such number of shares of Common Stock equal to the Adjustment Share Amount.

Maximum Eligibility Number. Initially zero and shall be increased to the number of warrant shares otherwise issuable to the Holder pursuant to the terms of the Holder's Series C Warrants (as defined in the Securities Purchase Agreement) to the extent that such warrant shares are not permitted to be issued to the Holder pursuant to the limitation set forth in Section 1(f)(2) of the Series C Warrant.

Maximum Eligibility Number. Initially zero and such number shall be increased on each of the First Reset Date (as defined below) and the Second Reset Date (as defined below). The Maximum Eligibility Number shall be increased (but not decreased) on the First Reset Date to equal the number obtained by subtracting (I) [ ]1 (as adjusted for stock splits, stock dividends, recapitalizations, reorganizations, reclassification, combinations, reverse stock splits or other similar events) (the "Initial Conversion... Shares") from (II) the quotient obtained by dividing (x) the Holder's Conversion Amount (as defined in the Certificate of Designations) multiplied by the number of Preferred Shares issued to such Holder on the Issuance Date, by (y) the First Reset Price (such increased number, the "First Maximum EligibilityNumber"). The Maximum Eligibility Number shall be further increased (but not decreased) on the Second Reset Date, to equal the number obtained by subtracting (I) the product of (A) the Unregistered Percentage and (B) the sum of First Maximum Eligibility Number and the Initial Conversion Shares, from (II) the quotient obtained by dividing (x) the product of (A) the Holder's Conversion Amount multiplied by the number of Preferred Shares issued to such Holder on the Issuance Date, and (B) the Unregistered Percentage by (y) the Second Reset Price; provided, however, that in the event the First Reset Price and/or the Second Reset Price is lower than the $4.00 (as adjusted for stock splits, stock dividends, recapitalizations, reorganizations, reclassification, combinations, reverse stock splits or other similar events), the First Reset Price and/or Second Reset Price, as applicable, shall be deemed to be $4.00 (as adjusted for stock splits, stock dividends, recapitalizations, reorganizations, reclassification, combinations, reverse stock splits or other similar events). As used herein, (v) the "First Reset Date" means the six (6) Trading Day anniversary of the earlier of (1) the Initial Effective Date (as defined in the Registration Rights Agreement) and (2) June 1, 2010, (w) the "First Reset Price" means eighty two and one-half percent (82.5%) of the lower of (1) the arithmetic average of the Weighted Average Price of the Common Stock for each Trading Day during the five (5) consecutive Trading Days immediately preceding the First Reset Date and (2) the Closing Bid Price of the Common Stock on the Trading Day immediately preceding the First Reset Date , (x) the "Second Reset Date" means the six (6) Trading Day anniversary of the later of (1) the Initial Effective Date (as defined in the Registration Rights Agreement) and (2) June 1, 2010, (y) the "Second Reset Price" means eighty two and one-half percent (82.5%) of the lower of (1) the arithmetic average of the Weighted Average Price of the Common Stock for each Trading Day during the five (5) consecutive Trading Days immediately preceding the Second Reset Date and (2) the Closing Bid Price of the Common Stock on the Trading Day immediately preceding the Second Reset Date, and (z) the "Unregistered Percentage" shall mean the percentage determined by dividing (1) the number of Initial Conversion Shares that were not registered on an effective Registration Statement pursuant to the Registration Rights Agreement and available for resale thereunder on or prior to the sixth (6th) Trading Day prior to the First Reset Date, by (2) the number of Initial Conversion Shares View More