Series B Eligibility Date

Series B Eligibility Date. The first date on which all of the following conditions are satisfied (or, in the case of clause (ii) or (iii), waived by the Holder): (i) the Stockholder Approval shall have been obtained, (ii) all of the Warrant Shares shall be able to be resold without restriction or limitation pursuant to the Registration Statement and (iii) all of the Registrable Securities and Adjustment Shares shall be able to be resold without restriction or limitation pursuant to the Registration Statement or Rule 144