Common use of Common Stock Certificates Clause in Contracts

Common Stock Certificates. Subject to the terms of this Warrant, upon such surrender of this Warrant and payment of such Warrant Price as aforesaid, the Company shall promptly issue and cause to be delivered to the Warrantholder or to such person or persons as the Warrantholder may designate in writing, a certificate or certificates (in such name or names as the Warrantholder may designate in writing) for the number of duly authorized, fully paid and non-assessable whole Shares to be purchased upon the exercise of this Warrant, and shall deliver to the Warrantholder Common Stock or cash, to the extent provided in Section 9 hereof, with respect to any fractional Shares otherwise issuable upon such surrender. Such certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of such Shares as of the close of business on the date of the surrender of this Warrant and payment of the Warrant Price, notwithstanding that the certificates representing such Shares shall not actually have been delivered or that the Share and Warrant transfer books of the Company shall then be closed. This Warrant shall be exercisable, at the sole election of the Warrantholder, either in full or from time to time in part and, in the event that any certificate evidencing this Warrant (or any portion thereof) is exercised prior to the Termination Date with respect to less than all of the Shares specified therein at any time prior to the Termination Date, a new certificate of like tenor evidencing the remaining portion of this Warrant shall be issued by the Company, if so requested by the Warrantholder.

Common Stock Certificates. Subject As soon as reasonably practicable after the Effective Time (but in any event no later than three (3) Business Days after the date on which the Effective Time occurs), Parent shall cause the Paying Agent to the terms mail to each Record Holder of this Warrant, upon such surrender of this Warrant and payment of such Warrant Price as aforesaid, the Company shall promptly issue and cause to be delivered to the Warrantholder or to such person or persons as the Warrantholder may designate in writing, a certificate or certificates that immediately prior to the Effective Time represented outstanding Shares (in each such name or names as certificate, a “Certificate”), which Shares were converted into the Warrantholder may designate in writing) for right to receive the number of duly authorized, fully paid and non-assessable whole Shares Merger Consideration pursuant to be purchased upon the exercise provisions of this WarrantArticle II, (A) a letter of transmittal, which shall be in customary form and with such other provisions as Parent and the Company shall reasonably agree, and which shall deliver specify that delivery shall be effected, and risk of loss and title to the Warrantholder Common Stock Certificates shall pass, only upon delivery of such Certificates (or cash, to the extent affidavits of loss in lieu thereof as provided in Section 9 hereof, with respect 2.7(e)) and (B) instructions for effecting the surrender of Certificates (or affidavits of loss in lieu thereof as provided in Section 2.7(e)) to any fractional the Paying Agent in exchange for payment of the Merger Consideration for which such Shares otherwise issuable upon such surrender. Such certificate or certificates shall be deemed to have been issued converted pursuant the provisions of this Article II. Upon surrender to the Paying Agent of a Certificate (or affidavit of loss in lieu thereof as provided in Section 2.7(e)) for cancellation, together with such letter of transmittal, duly completed and any person so designated to validly executed in accordance with the instructions thereto, and such other customary documents as may reasonably be named therein shall be deemed to have become a required by the Paying Agent, the holder of such Shares as of Certificate shall be entitled to receive in exchange therefor the close of business on applicable Merger Consideration pursuant to the date of the surrender provisions of this Warrant Article II in respect of each Share formerly represented by such Certificate, and the Certificate (or affidavit of loss in lieu thereof as provided in Section 2.7(e)) so surrendered shall forthwith be cancelled. No interest will be paid or accrued on any amount payable in respect of any Shares. If payment of the Warrant PriceMerger Consideration is to be made to a Person other than the Person in whose name a surrendered Certificate is registered, notwithstanding it will be a condition precedent of payment that the certificates representing Certificate so surrendered be properly endorsed or otherwise be in proper form for transfer and that the Person requesting such Shares shall not actually payment has paid all transfer and other Taxes required by reason of the payment of the Merger Consideration to a Person other than the registered holder of the Certificate and has established to the reasonable satisfaction of the Paying Agent and the Surviving Corporation that such Taxes have been delivered paid or that the Share and Warrant transfer books of the Company shall then are not required to be closed. This Warrant shall be exercisable, at the sole election of the Warrantholder, either in full or from time to time in part and, in the event that any certificate evidencing this Warrant (or any portion thereof) is exercised prior to the Termination Date with respect to less than all of the Shares specified therein at any time prior to the Termination Date, a new certificate of like tenor evidencing the remaining portion of this Warrant shall be issued by the Company, if so requested by the Warrantholderpaid.

Common Stock Certificates. Subject to the terms of this WarrantOption, upon such surrender of this Warrant Option and payment of such Warrant Option Price as aforesaid, the Company shall promptly issue and cause to be delivered to the Warrantholder Optionholder or to such person or persons as the Warrantholder Optionholder may designate in writing, a certificate or certificates (in such name or names as the Warrantholder Optionholder may designate in writing) for the number of duly authorized, fully paid and non-assessable whole Shares to be purchased upon the exercise of this WarrantOption, and shall deliver to the Warrantholder Optionholder Common Stock or cash, to the extent provided in Section 9 hereof, with respect to any fractional Shares otherwise issuable upon such surrender. Such certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of such Shares as of the close of business on the date of the surrender of this Warrant Option and payment of the Warrant Option Price, notwithstanding that the certificates representing such Shares shall not actually have been delivered or that the Share and Warrant Option transfer books of the Company shall then be closed. This Warrant Option shall be exercisable, at the sole election of the WarrantholderOptionholder, either in full or from time to time in part and, in the event that any certificate evidencing this Warrant Option (or any portion thereof) is exercised prior to the Termination Date with respect to less than all of the Shares specified therein at any time prior to the Termination Date, a new certificate of like tenor evidencing the remaining portion of this Warrant Option shall be issued by the Company, if so requested by the WarrantholderOption holder.

Common Stock Certificates. Subject to the terms of this WarrantOption, upon such surrender of this Warrant Option and payment of such Warrant Option Price as aforesaid, the Company shall promptly issue and cause to be delivered to the Warrantholder Optionholder or to such person or persons as the Warrantholder Optionholder may designate in writing, a certificate or certificates (in such name or names as the Warrantholder Optionholder may designate in writing) for the number of duly authorized, fully paid and non-assessable whole Shares to be purchased upon the exercise of this WarrantOption, and shall deliver to the Warrantholder Optionholder Common Stock or cash, to the extent provided in Section 9 hereof, with respect to any fractional Shares otherwise issuable upon such surrender. Such certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of such Shares as of the close of business on the date of the surrender of this Warrant Option and payment of the Warrant Option Price, notwithstanding that the certificates representing such Shares shall not actually have been delivered or that the Share and Warrant Option transfer books of the Company shall then be closed. This Warrant Option shall be exercisable, at the sole election of the WarrantholderOptionholder, either in full or from time to time in part and, in the event that any certificate evidencing this Warrant Option (or any portion thereof) is exercised prior to the Termination Date with respect to less than all of the Shares specified therein at any time prior to the Termination Date, a new certificate of like tenor evidencing the remaining portion of this Warrant Option shall be issued by the Company, if so requested by the WarrantholderOptionholder.