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

Delivery of Common Stock Upon Exercise. Within the earlier of (x) two (2) Trading Days and (y) the number of Trading Days comprising the Standard Settlement Period after any Date of Exercise or, in the case of a Cashless Default Exercise, within the period provided in Section 3(c), as applicable (the “Delivery Period”), the Company shall issue and deliver (or cause its transfer agent (the “Transfer Agent”) to issue and deliver) in accordance with the terms hereof to, or upon the order of, Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant 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 necessary action, including obtaining and delivering an opinion of counsel, if applicable, to assure that 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 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 Holder, this Warrant and the Exercise Shares will be free-trading and freely transferable during such period as any of the Unrestricted Conditions (as defined below) are met.

Delivery of Common Stock Upon Exercise. Within the earlier of three (x3) two (2) Trading Days and (y) the number of Trading Days comprising the Standard Settlement Period business days after any Date of Exercise orExercise, or in the case of a Cashless Major Exercise or a Cashless Default ExerciseExercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(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, of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant exercised 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 necessary action, including obtaining and delivering an opinion of counsel, if applicable, to assure that 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 as Holder shall specify 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 trading, and freely transferable during such period as any 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 earlier Date of Exercise (x) but, in the case of a Cash Exercise, within two (2) Trading Days and (ybusiness days following the Company’s receipt of the full Exercise Price, if later) the number of Trading Days comprising the Standard Settlement Period after any Date of Exercise or, in the case of a Cashless Major Exercise or a Cashless Default ExerciseExercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(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, of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant exercised 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 necessary actionuse its best efforts, including obtaining and delivering 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 as Holder shall specify 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 trading, and freely transferable during such period as any 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 three (x3) two (2) Trading Business Days and (y) the number of Trading Days comprising the Standard Settlement Period after any Date of Exercise orExercise, or in the case of a Cashless Major Exercise or a Cashless Default ExerciseExercise (each as defined in Section 5(c) below), within the period provided in Section 3(c5(c)(iv) or Section 3(a)(iv), 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, of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant exercised 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 necessary action, including obtaining and delivering an opinion of counsel, if applicable, to assure that 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 as Holder shall specify 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 contrary to 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 during such period as any 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 three (x3) two (2) Trading Days and (y) the number of Trading Days comprising the Standard Settlement Period business days after any Date of Exercise orExercise, or in the case of a Cashless Major Exercise or a Cashless Default ExerciseExercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iii) or Section 3(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, of the Holder that number of shares of Common Stock (“Exercise Shares”) Shares for the portion of this Warrant exercised 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 necessary action, including obtaining and delivering an opinion of counsel, if applicable, to assure that the Transfer Agent shall issue stock certificates in the name of Holder (or its nominee) or such other persons Persons as designated by Holder and in such denominations as Holder shall specify to be specified at Exercise representing the number of shares of Common Stock Exercise Shares 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 during such period as any 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) Trading Days after any Date of Exercise (or if the earlier Holder requests the issuance of (xphysical certificate(s) rather than through DTC credit, within two (2) Trading Days and (y) after receipt by the number Company of Trading Days comprising the Standard Settlement Period after any Date of Exercise ororiginal Warrant), or in the case of a Cashless Default ExerciseMajor Exercise (as defined in Section 5(c) below), within the period provided in Section 3(c5(c)(iv), 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, 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 exercised 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 necessary actioncommercially reasonable actions, including obtaining and delivering an opinion of counsel, if applicable, to assure that 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 denominations, each as Holder shall specify at specified 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 Holder, this Warrant and the Exercise Shares will be free-trading and freely transferable during such period as any of the Unrestricted Conditions (as defined below) are metcharge is due.

Delivery of Common Stock Upon Exercise. Within the earlier of three (x3) two (2) Trading Days and (y) the number of Trading Days comprising the Standard Settlement Period business days after any Date of Exercise orExercise, or in the case of a Cashless Major Exercise or a Cashless Default ExerciseExercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(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, of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant exercised 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 necessary action, including obtaining and delivering an opinion of counsel, if applicable, to assure that 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 as Holder shall specify 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 trading, and freely transferable during such period as any 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 three (x3) two (2) Trading Days and (y) the number of Trading Days comprising the Standard Settlement Period business days after any Date of Exercise orExercise, or in the case of a Cashless Major Exercise or a Cashless Default ExerciseExercise (each as defined in Section 5(c) below), within the period provided in Section 5(c)(iv) or Section 3(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, of the Holder that number of shares of Common Stock (“Exercise Shares”) for the portion of this Warrant 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 necessary action, including obtaining and delivering an opinion of counsel, if applicable, to assure that 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 as Holder shall specify 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 trading, and freely transferable during such period as any 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.