Common use of Compensation for Buy-In on Failure to Timely Deliver Certificates Upon Exercise Clause in Contracts

Compensation for Buy-In on Failure to Timely Deliver Certificates Upon Exercise. In addition to any other rights available to the Holder, if the Issuer fails to cause its transfer agent to transmit to the Holder a certificate or certificates representing the Warrant Stock issuable pursuant to an exercise (the "Exercise Shares") on or before the Delivery Date and the Issuer or its transfer agent are solely at fault for such failure, and if after such date the Holder is required by its broker to purchase (in an open market transaction or otherwise) shares of Common Stock (the "Substitute Shares") to deliver in satisfaction of a sale by the Holder of the Exercise Shares (a "Buy-In"), then the Issuer shall (1) pay in cash to the Holder the amount by which (x) the Holder's total purchase price (including brokerage commissions, if any) for the Substitute Shares exceeds (y) the amount obtained by multiplying (A) the number of Exercise Shares by (B) the per share price at which the Holder was to sell shares of Common Stock in the Buy-In (pursuant to the executed sell order associated with the Buy-In), and (2) at the option of the Holder, either reinstate to the Warrant the number of Exercise Shares not transmitted to the Holder on or before the Delivery Date or deliver the Exercise Shares to the

Compensation for Buy-In on Failure to Timely Deliver Certificates Upon Exercise. In addition to any other rights available to the Holder, if the Issuer Company fails to cause its transfer agent the Transfer Agent to transmit to the Holder a certificate or the certificates representing the Warrant Stock issuable Shares pursuant to an exercise (the "Exercise Shares") on or before the Warrant Share Delivery Date and the Issuer or its transfer agent are solely at fault for such failureDate, and if after such date because of such failure the Holder is required by its broker to purchase (in an open market transaction or otherwise) or the Holder's brokerage firm otherwise purchases, shares of Common Stock (the "Substitute Shares") to deliver in satisfaction of a sale by the Holder of the Exercise Warrant Shares which the Holder anticipated receiving upon such exercise (a "Buy-In"), then the Issuer Company shall (1A) pay in cash to the Holder the amount by which (x) the Holder's total purchase price (including brokerage commissions, if any) for the Substitute Shares shares of Common Stock so purchased exceeds (y) the amount obtained by multiplying (A1) the number of Exercise Warrant Shares by that the Company was required to deliver to the Holder in connection with the exercise at issue times (B2) the per share price at which the Holder was to sell shares of Common Stock in the Buy-In (pursuant to the executed sell order associated with the Buy-In)giving rise to such purchase obligation was executed, and (2B) at the option of the Holder, either reinstate the portion of the Warrant and equivalent number of Warrant Shares for which such exercise was not honored or deliver to the Warrant Holder the number of Exercise Shares not transmitted to shares of Common Stock that would have been issued had the Holder on or before the Delivery Date or deliver the Exercise Shares to theCompany timely complied with its exercise and delivery obligations

Compensation for Buy-In on Failure to Timely Deliver Certificates Upon Exercise. In addition to any other rights available to the Holder, if the Issuer Company fails to cause its transfer agent to transmit to the Holder a certificate or certificates representing the Warrant Stock issuable Shares pursuant to an exercise (the "Exercise Shares") on or before the 2nd Trading Day immediately following the Warrant Share Delivery Date and the Issuer or its transfer agent are solely at fault for such failureDate, and if after such date the Holder is required by its broker to purchase (in an open market transaction or otherwise) or the Holder’s brokerage firm otherwise purchases, shares of Common Stock (the "Substitute Shares") to deliver in satisfaction of a sale by the Holder of the Exercise Warrant Shares which the Holder anticipated receiving upon such exercise (a "“Buy-In"”), then the Issuer Company shall (1) pay in cash to the Holder the amount by which (x) the Holder's ’s total purchase price (including brokerage commissions, if any) for the Substitute Shares shares of Common Stock so purchased exceeds (y) the amount obtained by multiplying (A) the number of Exercise Warrant Shares by that the Company was required to deliver to the Holder in connection with the exercise at issue times (B) the per share price at which the Holder was to sell shares of Common Stock in the Buy-In (pursuant to the executed sell order associated with the Buy-In)giving rise to such purchase obligation was executed, and (2) at the option of the Holder, either reinstate the portion of the Warrant and equivalent number of Warrant Shares for which such exercise was not honored or deliver to the Warrant Holder the number of Exercise Shares not transmitted to shares of Common Stock that would have been issued had the Holder on or before Company timely complied with its exercise and delivery obligations hereunder. For example, if the Delivery Date or deliver the Exercise Shares to theHolder

Compensation for Buy-In on Failure to Timely Deliver Certificates Upon Exercise. In addition to any other rights available to the Holder, if the Issuer Company fails to cause its transfer agent to transmit to the Holder a certificate or certificates representing the Warrant Stock issuable Shares pursuant to an exercise (the "Exercise Shares") on or before the Warrant Share Delivery Date and the Issuer or its transfer agent are solely at fault for such failureDate, and if after such date the Holder is required by its broker to purchase (in an open market transaction or otherwise) shares of Common Stock (the "Substitute Shares") to deliver in satisfaction of a sale by the Holder of the Exercise Warrant Shares which the Holder anticipated receiving upon such exercise (a "Buy-In"), then the Issuer Company shall (1) pay in cash to the Holder the amount by which (x) the Holder's total purchase price (including brokerage commissions, if any) for the Substitute Shares shares of Common Stock so purchased exceeds (y) the amount obtained by multiplying (A) the number of Exercise Warrant Shares by that the Company was required to deliver to the Holder in connection with the exercise at issue times (B) the per share price at which the Holder was to sell shares of Common Stock in the Buy-In (pursuant to the executed sell order associated with the Buy-Ingiving rise to such purchase obligation was executed (including brokerage commissions, if any), and (2) at the option of the Holder, either reinstate the portion of the Warrant and equivalent number of Warrant Shares for which such exercise was not honored or deliver to the Warrant Holder the number of Exercise Shares not transmitted to the Holder on or before the Delivery Date or deliver the Exercise Shares to theshares of Common Stock that would have been

Compensation for Buy-In on Failure to Timely Deliver Certificates Upon Exercise. In addition to any other rights available to the Registered Holder, if the Issuer Company fails to cause its transfer agent the Transfer Agent to transmit to the Registered Holder a certificate or the certificates representing the Warrant Stock issuable Shares in accordance with the provisions of Section 2.3.4 above pursuant to an exercise (the "Exercise Shares") on or before the Warrant Share Delivery Date and the Issuer or its transfer agent are solely at fault for such failureDate, and if after such date the Registered Holder is required by its broker to purchase (in an open market transaction or otherwise) or the Registered Holder’s brokerage firm otherwise purchases, shares of Common Stock (the "Substitute Shares") to deliver in satisfaction of a sale by the Registered Holder of the Exercise Warrant Shares which the Registered Holder anticipated receiving upon such exercise (a "“Buy-In"”), then the Issuer Company shall (1A) pay in cash to the Registered Holder the amount amount, if any, by which (x) the Registered Holder's ’s total purchase price (including brokerage commissions, if any) for the Substitute Shares shares of Common Stock so purchased exceeds (y) the amount obtained by multiplying (A1) the number of Exercise Warrant Shares by that the Company was required to deliver to the Registered Holder in connection with the exercise at issue times (B2) the per share price at which the Holder was to sell shares of Common Stock in the Buy-In (pursuant to the executed sell order associated with the Buy-In)giving rise to such purchase obligation was executed, and (2B) at the option of the Holder, either reinstate to the Warrant the number of Exercise Shares not transmitted to the Holder on or before the Delivery Date or deliver the Exercise Shares to the