Common use of Beneficial Owner; Holder Clause in Contracts

Beneficial Owner; Holder. Prior to due presentment for registration of transfer of any Preferred Warrant, the Company and the Warrant Agent shall deem and treat the person in whose name that Preferred Warrant shall be registered on the Warrant Register (the “Holder”) as the absolute owner of such Preferred Warrant for purposes of any exercise thereof, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Warrant Agent or any agent of the Company or the Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by DTC governing the exercise of the rights of a holder of a beneficial interest in any Preferred Warrant. The rights of beneficial owners in a Preferred Warrant evidenced by the Global Certificate shall be exercised by the Holder or a Participant through the DTC system, except to the extent set forth herein or in the Global Certificate.

Beneficial Owner; Holder. Prior to due presentment for registration of transfer of any Preferred Pre-funded Warrant, the Company and the Warrant Agent shall may deem and treat the person in whose name that Preferred Pre-funded Warrant shall be registered on the Warrant Register (the “Holder”) as the absolute owner of such Preferred Pre-funded Warrant for purposes of any exercise thereof, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Warrant Agent or any agent of the Company or the Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by DTC governing the exercise of the rights of a holder of a beneficial interest in any Preferred Pre-funded Warrant. The rights of beneficial owners in a Preferred Pre-funded Warrant evidenced by the Global Certificate Pre-funded Warrant shall be exercised by the Holder or a Participant through the DTC system, except to the extent set forth herein or in the Global CertificatePre-funded Warrant.

Beneficial Owner; Holder. Prior to due presentment for registration of transfer of any Preferred Pre-Funded Warrant, the Company and the Warrant Agent shall may deem and treat the person in whose name that Preferred Pre-Funded Warrant shall be registered on the Warrant Register (the “Holder”) as the absolute owner of such Preferred Pre-Funded Warrant for purposes of any exercise thereof, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Warrant Agent or any agent of the Company or the Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by DTC governing the exercise of the rights of a holder of a beneficial interest in any Preferred Pre-Funded Warrant. The rights of beneficial owners in a Preferred Pre-Funded Warrant evidenced by the Global Certificate Pre-Funded Warrant shall be exercised by the Holder or a Participant through the DTC system, except to the extent set forth herein or in the Global CertificatePre-Funded Warrant.

Beneficial Owner; Holder. Prior to due presentment for registration of transfer of any Preferred Tradeable Warrant, the Company and the Warrant Agent shall may deem and treat the person in whose name that Preferred Tradeable Warrant shall be registered on the Tradeable Warrant Register (the “Holder”) as the absolute owner of such Preferred Tradeable Warrant for purposes of any exercise thereof, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Warrant Agent or any agent of the Company or the Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by DTC governing the exercise of the rights of a holder of a beneficial interest in any Preferred Tradeable Warrant. The rights of beneficial owners in a Preferred Tradeable Warrant evidenced by the Global Certificate Warrant shall be exercised by the Holder or a Participant through the DTC system, except to the extent set forth herein or in the Global CertificateWarrant.

Beneficial Owner; Holder. Prior to due presentment for registration of transfer of any Preferred Tradeable Warrant, the Company and the Warrant Agent shall may deem and treat the person in whose name that Preferred Tradeable Warrant shall be registered on the Warrant Register (the “Holder”) as the absolute owner of such Preferred Tradeable Warrant for purposes of any exercise thereof, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Warrant Agent or any agent of the Company or the Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by DTC governing the exercise of the rights of a holder of a beneficial interest in any Preferred Tradeable Warrant. The rights of beneficial owners in a Preferred Tradeable Warrant evidenced by the Global Certificate Warrant shall be exercised by the Holder or a Participant through the DTC system, except to the extent set forth herein or in the Global CertificateWarrant.

Beneficial Owner; Holder. Prior to due presentment for registration of transfer of any Preferred Tradeable Warrant, the Company and the Warrant Agent shall may deem and treat the person in whose name that Preferred Tradeable Warrant shall be registered on the Warrant Register (the “Holder”) as the absolute owner of such Preferred Tradeable Warrant for purposes of any exercise thereof, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Warrant Agent or any agent of the Company or the Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by DTC governing the exercise of the rights of a holder of a beneficial interest in any Preferred Tradeable Warrant. The rights of beneficial owners in a Preferred Tradeable Warrant evidenced by the Global Certificate Warrant shall be exercised by the Holder or a Participant through the DTC system, except to the extent set forth herein or in the Global CertificateWarrants.

Beneficial Owner; Holder. Prior to due presentment for registration of transfer of any Preferred Tradeable Warrant, the Company and the Warrant Agent shall may deem and treat the person in whose name that Preferred Tradeable Warrant shall be registered on the Warrant Register (the “Holder”) as the absolute owner of such Preferred Tradeable Warrant for purposes of any exercise thereof, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Warrant Agent or any agent of the Company or the Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by DTC governing the exercise of the rights of a holder of a beneficial interest in any Preferred Tradeable Warrant. The rights of beneficial owners in a Preferred Tradeable Warrant evidenced by the Global Certificate Warrants shall be exercised by the Holder or a Participant through the DTC system, except to the extent set forth herein or in the Global CertificateWarrants.

Beneficial Owner; Holder. Prior to due presentment for registration of transfer of any Preferred Pre-Funded Warrant, the Company and the Warrant Agent shall may deem and treat the person in whose name that Preferred Pre-Funded Warrant shall be registered on the Warrant Register (the “Holder”) as the absolute owner of such Preferred Pre-Funded Warrant for purposes of any exercise thereof, and for all other purposes, and neither the Company nor the Pre-Funded Warrant Agent shall be affected by any notice to the contrary. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Warrant Agent or any agent of the Company or the Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by DTC governing the exercise of the rights of a holder of a beneficial interest in any Preferred Pre-Funded Warrant. The rights of beneficial owners in a Preferred Pre-Funded Warrant evidenced by the Global Certificate Pre-Funded Warrant shall be exercised by the Holder or a Participant through the DTC system, except to the extent set forth herein or in the Global CertificatePre-Funded Warrant.

Beneficial Owner; Holder. Prior to due presentment for registration of transfer of any Preferred Tradeable Warrant, the Company and the Warrant Agent shall may deem and treat the person in whose name that Preferred Tradeable Warrant shall be registered on the Tradeable Warrant Register (the “”Holder”) as the absolute owner of such Preferred Tradeable Warrant for purposes of any exercise thereof, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Warrant Agent or any agent of the Company or the Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by DTC governing the exercise of the rights of a holder of a beneficial interest in any Preferred Tradeable Warrant. The rights of beneficial owners in a Preferred Tradeable Warrant evidenced by the Global Certificate Warrant shall be exercised by the Holder or a Participant through the DTC system, except to the extent set forth herein or in the Global CertificateWarrant.

Beneficial Owner; Holder. Prior to due presentment for registration of transfer of any Preferred Warrant or Pre-funded Warrant, the Company and the Warrant Agent shall may deem and treat the person in whose name that Preferred Warrant or Pre-funded Warrant shall be registered on the Warrant Register (the “Holder”) as the absolute owner of such Preferred Warrant security for purposes of any exercise thereof, and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. Notwithstanding the foregoing, nothing herein shall prevent the Company, the Warrant Agent or any agent of the Company or the Warrant Agent from giving effect to any written certification, proxy or other authorization furnished by DTC governing the exercise of the rights of a holder of a beneficial interest in any Preferred Warrant or Pre-funded Warrant. The rights of beneficial owners in a Preferred Warrant or Pre-funded Warrant evidenced by the a Global Certificate Warrant shall be exercised by the Holder or a Participant through the DTC system, except to the extent set forth herein or in the applicable Global CertificateWarrant.