Common use of DELIVERY OF WARRANT SHARES; EFFECTIVENESS OF EXERCISE Clause in Contracts

DELIVERY OF WARRANT SHARES; EFFECTIVENESS OF EXERCISE. (a) DELIVERY OF WARRANT SHARES. A stock certificate or certificates for the Warrant Shares specified in the Exercise Form along with a check for the amount of cash to be paid in lieu of fractional shares, if any, shall be delivered to the Warrantholder within 10 Business Days after the Exercise Date (as defined herein); PROVIDED, HOWEVER, that if the Conversion Right is exercised in accordance with Section 1.2 and a determination by the Board of Directors is required to determine the Current Market Price of the Common Stock, such delivery shall be made promptly after such determination is made. If this Warrant shall have been exercised only in part, the Company shall, at the time of delivery of the stock certificate or certificates and cash in lieu of fractional shares, if any, deliver to the Warrantholder a new Warrant evidencing the rights to purchase the remaining Warrant Shares, which new Warrant shall in all other respects be identical with this Warrant.

DELIVERY OF WARRANT SHARES; EFFECTIVENESS OF EXERCISE. (a) DELIVERY OF WARRANT SHARES. A stock certificate or certificates for the Warrant Shares specified in the Exercise Form along with a check for the amount of cash to be paid in lieu of fractional shares, if any, shall be delivered to the Warrantholder within 10 Business Days after the Exercise Date (as defined herein); PROVIDED, HOWEVER, that if the Conversion Right is exercised in accordance with Section 1.2 and a determination by the Board of Directors or an Independent Financial Expert is required to determine the Current Market Price of the Common Stock, such delivery shall be made promptly after such determination is made. If this Warrant shall have been exercised only in part, the Company shall, at the time of delivery of the stock certificate or certificates and cash in lieu of fractional shares, if any, deliver to the Warrantholder a new Warrant evidencing the rights to purchase the remaining Warrant Shares, which new Warrant shall in all other respects be identical with this Warrant.