Common use of Delivery of Common Stock Upon Exercise Clause in Contracts

Delivery of Common Stock Upon Exercise. Within three (3) business days after the Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days following the Company’s receipt of the full Exercise Price, if later) or, in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(d), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its Transfer Agent to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary opinion of counsel, to assure that the Company’s transfer agent (the “Transfer Agent”) shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified at Exercise representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain a legend restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met.

Delivery of Common Stock Upon Exercise. Within the earlier of (x) three (3) business days Trading Days and (y) the number of Trading Days comprising the Standard Settlement Period after the any Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days Business Days following the Company’s receipt of the full Exercise Price, if later) or, or in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c5(b) below), within the period provided in Section 5(c)(iv) or Section 3(d3(c), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its transfer agent (the “Transfer Agent Agent”) to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted exercised as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary an opinion of counsel, to assure that the Company’s transfer agent (the “Transfer Agent”) Agent shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified as Holder shall specify at Exercise Exercise, representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain or be subject to a legend (or be subject to any stop transfer instruction) restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met. The Company shall be responsible for paying all present or future stamp, court or documentary, intangible, recording, filing or similar taxes that arise from any payment or issuance made under, from the execution, delivery, performance or enforcement of, or otherwise with respect to, this Warrant.

Delivery of Common Stock Upon Exercise. Within three the earlier of (3x) business days after the Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days following Trading Days and (y) the Company’s receipt number of Trading Days comprising the full Standard Settlement Period after any Date of Exercise Price, if later) or, in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c) below)Exercise, within the period provided in Section 5(c)(iv) or Section 3(d3(c), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its transfer agent (the “Transfer Agent Agent”) to issue and deliver) in accordance with the terms hereof to to, or upon the order of the of, Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted exercised as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary an opinion of counsel, if applicable, to assure that the Company’s transfer agent (the “Transfer Agent”) Agent shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified as Holder shall specify at Exercise representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, trading and freely transferable, and will not contain a legend restricting the resale or transferability transferable during such period as any of the Exercise Shares if the Unrestricted Conditions (as defined below) are met.

Delivery of Common Stock Upon Exercise. Within three (3) business days after the Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days following the Company’s receipt of the full Exercise Price, if later) or, in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(d3(c), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its Transfer Agent to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary an opinion of counsel, to assure that the Company’s transfer agent (the “Transfer Agent”) shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified at Exercise representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain a legend restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met.

Delivery of Common Stock Upon Exercise. Within three (3) business days after the any Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days following the Company’s receipt of the full Exercise Price, if later) or, or in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(d3(c), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its Transfer Agent to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted as shall be determined in accordance herewith, provided, however, that in the case of a good-faith dispute pursuant to Section 3(d), the Company shall deliver such Exercise Shares by the business day following the date of the resolution of the dispute, provided, that the Company shall be required to deliver the number of shares for which there is no good-faith dispute within the requisite Delivery Period. Upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary an opinion of counsel, to assure that the Company’s transfer agent (the “Transfer Agent”) Agent shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified at Exercise representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain a legend restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met.

Delivery of Common Stock Upon Exercise. Within three (3) business days after the any Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days following the Company’s receipt of the full Exercise Price, if later) or, in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(d), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its Transfer Agent so to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted Exercised as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereofthereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary delivering, an opinion of counsel, counsel to assure that the Company’s transfer agent (the “Transfer Agent”) Agent shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified at in the Exercise Form representing the number of shares of Common Stock issuable upon such Exercise. Holder may not revoke its Exercise or alter its designations following delivery of the Exercise Notice except as otherwise expressly provided herein. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain a legend restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met.

Delivery of Common Stock Upon Exercise. Within three (3) business days Business Days after the any Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days Business Days following the Company’s receipt of the full Exercise Price, if later) or), or in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv5(c)(iii) or Section 3(d3(c), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its transfer agent (the “Transfer Agent Agent”) to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary an opinion of counsel, to assure that the Company’s transfer agent (the “Transfer Agent”) Agent shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified at Exercise representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain a legend restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met.

Delivery of Common Stock Upon Exercise. Within three (3) business days after 3 Trading Days from the Date delivery to the Company of Exercise (but, in the case Notice of a Cash Exercise, within two surrender of this Warrant (2if required) business days following the Company’s receipt and payment of the full aggregate Exercise Price, if later) orPrice (which, in the case of a Cashless Major Exercise or Exercise, shall be deemed to have been paid upon the submission by the Holder of a Cashless Default Exercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(d), as applicable (the Notice of Exercise)(the “Warrant Shares Delivery PeriodDeadline”), the Company shall issue and deliver (or cause its Transfer Agent transfer agent so to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereofthereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary delivering, an opinion of counsel, counsel to assure that the Company’s 's transfer agent (the “Transfer Agent”) shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified at Exercise representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent transfer agent of the Company's Common Stock and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain a legend restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met.

Delivery of Common Stock Upon Exercise. Within the earlier of (x) three (3) business days Trading Days and (y) the number of Trading Days comprising the Standard Settlement Period after the any Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days following the Company’s receipt of the full Exercise Price, if later) or, in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(d), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its transfer agent (the “Transfer Agent Agent”) to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted exercised as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary an opinion of counsel, to assure that the Company’s transfer agent (the “Transfer Agent”) Agent shall issue stock certificates in the name of the Holder (or its nominee) or such other persons as designated by the Holder and in such denominations to be specified as the Holder shall specify at Exercise Exercise, representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain or be subject to a legend (or be subject to any stop transfer instruction) restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met.

Delivery of Common Stock Upon Exercise. Within three (3) business days after the Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days following the Company’s receipt of the full Exercise Price, if later) or, in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(d3(c), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its Transfer Agent to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted as shall be determined in accordance herewith. Upon Without derogating from the Company’s obligations hereunder, upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary actionuse its best efforts, including obtaining and delivering a customary an opinion of counsel, to assure that the Company’s transfer agent (the “Transfer Agent”) shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified at Exercise representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain a legend restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met.

Delivery of Common Stock Upon Exercise. Within three the earlier of (3x) business days two (2) Trading Days and (y) the number of Trading Days comprising the Standard Settlement Period after the any Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days Business Days following the Company’s receipt of the full Exercise Price, if later) or, or in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c5(b) below), within the period provided in Section 5(c)(iv) or Section 3(d3(c), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its transfer agent (the “Transfer Agent Agent”) to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted exercised as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary an opinion of counsel, to assure that the Company’s transfer agent (the “Transfer Agent”) Agent shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified as Holder shall specify at Exercise Exercise, representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain or be subject to a legend (or be subject to any stop transfer instruction) restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met. The Company shall be responsible for paying all present or future stamp, court or documentary, intangible, recording, filing or similar taxes that arise from any payment or issuance made under, from the execution, delivery, performance or enforcement of, or otherwise with respect to, this Warrant.

Delivery of Common Stock Upon Exercise. Within three (3) business days Trading Days after the any Date of Exercise (but, in or if the case Holder requests the issuance of a Cash Exercisephysical certificate(s) rather than through DTC credit, within two (2) business days following Trading Days after receipt by the Company’s receipt Company of the full Exercise Priceoriginal Warrant), if later) or, or in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(d), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its Transfer Agent to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock Exercise Shares or Cashless Major Shares (“Exercise Shares”) as defined below), as applicable, for the portion of this Warrant converted Exercised, as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary actioncommercially reasonable actions, including obtaining and delivering a customary an opinion of counsel, to assure that the Company’s transfer agent (the “Transfer Agent”) Agent shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be denominations, each as specified at in the Exercise Form, representing the number of shares of Common Stock Warrant Shares issuable upon such ExerciseExercise (“Exercise Shares”). The Notwithstanding the foregoing, the Company warrants shall not be required to pay any tax or other charge imposed in connection with any transfer involved in the issuance of any certificate for Exercise Shares in any name other than that of the original registered holder of this Warrant, and in such case the Company shall not be required to issue or deliver any stock certificate until such tax or other charge has been paid or it has been established to the Company’s satisfaction that no instructions tax or other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-trading, and freely transferable, and will not contain a legend restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are metcharge is due.

Delivery of Common Stock Upon Exercise. Within three (3) Business Days (for purposes of this Warrant, “Business Days” means days on which banks are open for business days in The City of New York and San Francisco, California) after the any Date of Exercise (but, in the case of a Cash Exercise, within two (2) business days following the Company’s receipt of the full Exercise Price, if later) or, or in the case of a Cashless Major Exercise or a Cashless Default Exercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(d3(c), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its the Transfer Agent to issue and deliver) in accordance with the terms hereof to or upon the order of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant converted as shall be determined in accordance herewith. Upon the Exercise of this Warrant or any part hereof, the Company shall, at its own cost and expense, take all reasonably necessary action, including obtaining and delivering a customary an opinion of counsel, to assure that the Company’s transfer agent (the “Transfer Agent”) Agent shall issue stock certificates in the name of Holder (or its nominee) or such other persons as designated by Holder and in such denominations to be specified at Exercise representing the number of shares of Common Stock issuable upon such Exercise. The Company warrants that no instructions other than these instructions have been or will be given to the Transfer Agent and that, unless waived by the Holder, this Warrant and the Exercise Shares will be free-free trading, and freely transferable, and will not contain a legend restricting the resale or transferability of the Exercise Shares if the Unrestricted Conditions (as defined below) are met.