Common use of Delivery of Stock Certificates, etc. on Exercise Clause in Contracts

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the owner of record of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) shall instruct its transfer agent for the Common Stock to issue in the name of and deliver to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise bearing a legend substantially in the form of the legend set forth on the first page of this Warrant, plus, in lieu of any fractional share to which such Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of record of such shares as of the close of business on the date on which this Warrant shall have been surrendered a properly completed Exercise Notice shall have been delivered to the Company and payment made to the Company for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) shall instruct its transfer agent for the Common Stock will cause to issue be issued in the name of and deliver delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise bearing a legend substantially in the form of the legend set forth on the first page of this Warrantexercise, plus, in lieu of any fractional share to which such Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of record of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment shall have been made for such shares in accordance herewithherewith so long as such surrender and payment has been made no later than 12:00 noon (New York time) on such business day and if received after 12:01 noon (New York time) on a business day the shares of Common Stock shall be deemed issued on the next business day. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) shall instruct its transfer agent for the Common Stock will cause to issue be issued in the name of and deliver delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise bearing a legend substantially in the form of the legend set forth on the first page of this Warrantexercise, plus, in lieu of any fractional share to which such Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of record of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event event, subject to the Company’s receipt of approval of the required Additional Listing Application from The American Stock Exchange, within three (3) business days thereafter, thereafter the Company at its expense (including the payment by it of any applicable issue taxes) shall instruct its transfer agent for the Common Stock will cause to issue be issued in the name of and deliver delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise bearing a legend substantially in the form of the legend set forth on the first page of this Warrantexercise, plus, in lieu of any fractional share to which such Holder holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that that, provided the full purchase price listed in the Subscription Form is received as specified in Section 1.2, the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of record of such shares as of the close of business on the date on which this Warrant delivery of a Subscription Form shall have been surrendered occurred and payment made for such shares in accordance herewithas aforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafterthereafter (“Warrant Share Delivery Date”), the Company at its expense (including the payment by it of any applicable issue taxes) shall instruct its transfer agent for the Common Stock will cause to issue be issued in the name of and deliver delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise bearing a legend substantially in the form of the legend set forth on the first page of this Warrantexercise, plus, in lieu of any fractional share to which such Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full shareshare of Common Stock, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that that, provided the purchase price listed in the Subscription Form is received as specified in Section 1.2, the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of record of such shares as of the close of business on the date on which this Warrant delivery of a Subscription Form shall have been surrendered occurred and payment made for such shares in accordance herewithas aforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three five (35) business days thereafterthereafter ("Warrant Share Delivery Date"), the Company at its expense (including the payment by it of any applicable issue taxes) shall instruct its transfer agent for the Common Stock will cause to issue be issued in the name of and deliver delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise bearing a legend substantially in the form of the legend set forth on the first page of this Warrantexercise, plus, in lieu of any fractional share to which such Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full shareshare of Common Stock, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of record of such shares as of the close of business on the date on which this Warrant delivery of a Subscription Form shall have occurred and payment shall have been surrendered and payment made for such shares in accordance herewithas aforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three five (35) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) shall instruct its transfer agent for the Common Stock will cause to issue be issued in the name of and deliver delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise bearing a legend substantially in the form of the legend set forth on the first page of this Warrantexercise, plus, in lieu of any fractional share to which such Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value fair market value of one full shareshare of Common Stock, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that provided the full purchase price listed in the Subscription Form is received as specified in Sections 1.2, 1.3 or 2, the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of record of such shares as of the close of business on the date on which this Warrant delivery of a Subscription Form shall have been surrendered occurred and payment made for such shares in accordance herewithas aforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafterthereafter (“Warrant Share Delivery Date”), the Company at its expense (including the payment by it of any applicable issue taxes) shall instruct its transfer agent for the Common Stock will cause to issue be issued in the name of and deliver delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise bearing a legend substantially in the form of the legend set forth on the first page of this Warrantexercise, plus, in lieu of any fractional share to which such Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full shareshare of Common Stock, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of record of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewithherewith (unless the shares are being issued pursuant to the “cashless exercise” provisions of Section 2.2). As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) shall instruct its transfer agent for the Common Stock will cause to issue be issued in the name of and deliver delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise bearing a legend substantially in the form of the legend set forth on the first page of this Warrantexercise, plus, in lieu of any fractional share to which such Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section Sections 1 and 2, or otherwise.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the owner of record of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. (a) As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days five Trading Days thereafter, upon the terms and subject to the conditions of this Warrant, the Company at its expense (including the payment by it of any applicable issue or stamp taxes) shall instruct its transfer agent for the Common Stock will cause to issue be issued in the name of and deliver delivered to the Holder, or as such the Holder (upon payment by such the Holder of any applicable transfer taxes) may direct in compliance with applicable securities lawsdirect, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable nonassessable shares of Common Stock (or Other Securities) to which such the Holder shall be entitled on such exercise bearing a legend substantially exercise, in such denominations as may be requested by the form Holder, which certificate or certificates shall be free of restrictive and trading legends (except to the extent permitted under Section 6.12 of the legend set forth on the first page of this WarrantExchange Agreement), plus, in lieu of any fractional share to which such the Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Current Fair Market Value of one full shareshare of Common Stock, together with any other stock or other securities and Other Securities or any property (including cash, where applicable) to which such the Holder is entitled upon such exercise pursuant to Section 1 2 or otherwise.. In lieu of delivering physical certificates for the shares of Common Stock or (Other Securities) issuable upon any exercise of this Warrant, provided the Company's transfer agent is participating in the Depository Trust Company ("DTC") Fast Automated Securities Transfer ("FAST") program, upon request of the Holder, the Company shall use commercially reasonable efforts to cause its transfer agent electronically to transmit such shares of Common Stock (or Other Securities) issuable upon