Common use of CERTIFICATES; NO FRACTIONAL SHARES Clause in Contracts

CERTIFICATES; NO FRACTIONAL SHARES. As soon as practicable after conversion of this Note pursuant to Section 5, the Company at its sole expense will cause to be issued in the name of Holder and to be delivered to Holder, either (a) a certificate or certificates or (b) book-entry shares through the facilities of a transfer agent, in either case representing the number of shares to which Holder shall be entitled upon such conversion (bearing such legends as may be required by applicable state and federal securities laws and by any agreement between the Company and Holder, including the Purchase Agreement), together with any other securities and property to which Holder is entitled upon such conversion under the terms of this Note. No fractional shares shall be issued upon conversion of this Note. If upon any conversion of this Note, a fraction of a share would otherwise be issued, then in lieu of such fractional share, the Company shall pay to Holder an amount in cash equal to such fraction of a share multiplied by the applicable conversion price.

CERTIFICATES; NO FRACTIONAL SHARES. As Subject to Section 6.5, as soon as practicable after conversion of this Note pursuant to Section 56.1, 6.2, 6.3 or 6.4, as applicable, the Company at its sole expense will cause to be issued in the name of Holder and to be delivered to Holder, either (a) a certificate or certificates or (b) book-entry shares through the facilities of a transfer agent, in either case representing for the number of shares of Conversion Stock to which Holder shall be entitled upon such conversion (bearing such legends as may be required by applicable state and federal securities laws in the opinion of legal counsel of the Company, by the Company’s Certificate of Incorporation and Bylaws and by any agreement between the Company and Holder, including the Purchase Agreement), together with any other securities and property to which Holder is entitled upon such conversion under the terms of this Note. No fractional shares shall be issued upon conversion of this Note. If upon any conversion of this Note (and after aggregating the amounts of all other Notes held by Holder which are converted at the same time as this Note), a fraction of a share would otherwise be issued, then in lieu of such fractional share, the Company shall pay to Holder an amount in cash equal to such fraction of a share multiplied by the applicable conversion priceConversion Price.

CERTIFICATES; NO FRACTIONAL SHARES. As Subject to Section 6.2, as soon as practicable after conversion of this Note pursuant to Section 56.1, the Company at its sole expense will cause to be issued in the name of Holder and to be delivered to Holder, either (a) a certificate or certificates or (b) book-entry shares through the facilities of a transfer agent, in either case representing for the number of shares of Conversion Stock to which Holder shall be entitled upon such conversion (bearing such legends as may be required by applicable state and federal securities laws in the opinion of legal counsel of the Company, by any lockup agreement, by the Company’s Certificate of Incorporation and Bylaws and by any agreement between the Company and Holder, including the Purchase Agreement), together with any other securities and property to which Holder is entitled upon such conversion under the terms of this Note. No fractional shares shall be issued upon conversion of this Note. If upon any conversion of this Note, Note a fraction of a share would otherwise be issued, then in lieu of such fractional share, the Company shall pay to Holder an amount in cash equal to such fraction of a share multiplied by the applicable conversion priceConversion Price.

CERTIFICATES; NO FRACTIONAL SHARES. As Subject to Section 6.2, as soon as practicable after conversion of this Note pursuant to Section 56.1, the Company at its sole expense will cause to be issued in the name of Holder and to be delivered to Holder, either (a) a certificate or certificates or (b) book-entry shares through the facilities of a transfer agent, in either case representing for the number of shares of Conversion Stock to which Holder shall be entitled upon such conversion (bearing such legends as may be required by applicable state and federal securities laws in the opinion of legal counsel of the Company, by any lockup agreement, by the Company’s Certificate of Incorporation and Bylaws and by any agreement between the Company and Holder, including the Purchase Agreement), together with any other securities and property to which Holder Xxxxxx is entitled upon such conversion under the terms of this Note. No fractional shares shall be issued upon conversion of this Note. If upon any conversion of this Note, Note a fraction of a share would otherwise be issued, then in lieu of such fractional share, the Company shall pay to Holder an amount in cash equal to such fraction of a share multiplied by the applicable conversion priceConversion Price.

CERTIFICATES; NO FRACTIONAL SHARES. As Subject to Section 2.3, as soon as practicable after conversion of this Note pursuant to Section 52.1 or Section 2.2, as applicable, the Company at its sole expense will cause to be issued in the name of Holder and to be delivered to Holder, either (a) a certificate or certificates or (b) book-entry shares through the facilities of a transfer agent, in either case representing for the number of shares of Conversion Stock to which Holder shall be entitled upon such conversion (bearing such legends as may be required by applicable state and federal securities laws in the opinion of legal counsel of the Company, by the Company’s Certificate of Incorporation and Bylaws and by any agreement between the Company and Holder, including the Purchase Agreement), together with any other securities and property to which Holder is entitled upon such conversion under the terms of this Note. No fractional shares shall be issued upon conversion of this Note. If upon any conversion of this Note (and after aggregating the amounts of all other Notes held by the same Holder which are converted at the same time as this Note), a fraction of a share would otherwise be issued, then in lieu of such fractional share, the Company shall pay to Holder an amount in cash equal to such fraction of a share multiplied by the applicable conversion priceConversion Price.

CERTIFICATES; NO FRACTIONAL SHARES. As Subject to Section 2.2.(a)(ii), as soon as practicable after conversion of this Note pursuant to Section 52.2, the Company at its sole expense will cause to be issued in the name of Holder and to be delivered to Holder, either (a) a certificate or certificates or (b) book-entry shares through the facilities of a transfer agent, in either case representing for the number of shares of Conversion Stock to which Holder shall be entitled upon such conversion (bearing such legends as may be required by applicable state and federal securities laws in the opinion of legal counsel of the Company, by the Company’s Certificate of Incorporation and Bylaws and by any agreement between the Company and Holder, including the Purchase Agreement), together with any other securities and property to which Holder is entitled upon such conversion under the terms of this Note. No fractional shares shall be issued upon conversion of this Note. If upon any conversion of this Note (and after aggregating the amounts of all other Notes held by the same Holder which are converted at the same time as this Note), a fraction of a share would otherwise be issued, then in lieu of such fractional share, the Company shall pay to Holder an amount in cash equal to such fraction of a share multiplied by the applicable conversion priceConversion Price.

CERTIFICATES; NO FRACTIONAL SHARES. As Subject to Section 6.2, as soon as practicable after conversion of this Note pursuant to Section 52.1 or 6.1, as applicable, the Company at its sole expense will cause to be issued in the name of Holder and to be delivered to Holder, either (a) a certificate or certificates or (b) book-entry shares through the facilities of a transfer agent, in either case representing for the number of shares of Conversion Stock to which Holder shall be entitled upon such conversion (bearing such legends as may be required by applicable state and federal securities laws in the opinion of legal counsel of the Company, by any lockup agreement, by the Company’s Certificate of Incorporation and Bylaws and by any agreement between the Company and Holder, including the Purchase Agreement), together with any other securities and property to which Holder is entitled upon such conversion under the terms of this Note. No fractional shares shall be issued upon conversion of this Note. If upon any conversion of this Note, Note a fraction of a share would otherwise be issued, then in lieu of such fractional share, the Company shall pay to Holder an amount in cash equal to such fraction of a share multiplied by the applicable conversion priceConversion Price.