Common use of Duration and Exercise of Warrant Clause in Contracts

Duration and Exercise of Warrant. Subject to the terms and conditions set forth herein, this Warrant may be exercised, in whole or in part, by the Warrantholder by: (a) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and (b) the delivery of payment to the Company, for the account of the Company, by cash, by certified or bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided by the Company upon request, of the Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States of America. In the alternative, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise of this Warrant less that number of Warrant Shares having an aggregate fair market value (as determined by the Board of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid in respect of this Warrant by the Warrantholder. The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares as aforesaid.

Duration and Exercise of Warrant. Subject to the terms and conditions set forth herein, this This Warrant may be exercised, in whole or in part, exercised by the Warrantholder by: by (a) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and (b) the delivery of payment to the Company, for the account of the Company, by cash, cash or by certified or bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided by the Company upon requestcheck, of the Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States of America. In the alternative, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise of this Warrant less that number of Warrant Shares having an aggregate fair market value (as determined by the Board of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid in respect of this Warrant by the Warrantholder. The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares as aforesaid. A stock certificate or certificates for the Warrant Shares specified in the Exercise Form shall be delivered to the Warrantholder as promptly as practicable, and in any event within 10 days, thereafter. The stock certificate or certificates so delivered shall be in denominations of 100 shares each or such lesser or greater denominations as may be specified by the Warrantholder in the Exercise Form. If this Warrant shall have been exercised only in part, the Company shall, at the time of delivery of the stock certificate or certificates, 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. No adjustments shall be made on Warrant Shares issuable on the exercise of this Warrant for any cash dividends paid or payable to holders of record of Common Stock prior to the date as of which the Warrantholder shall be deemed to be the record holder of such Warrant Shares.

Duration and Exercise of Warrant. Subject to the terms and conditions set forth herein, this Warrant may be exercised, in whole or in part, by the Warrantholder by: (a) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and (b) the delivery of payment to the Company, for the account of the Company, by cash, by wire transfer, certified or official bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided any other means approved by the Company upon requestCompany, of the Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States of America. In the alternative, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise of this Warrant less that number of Warrant Shares having an aggregate fair market value (as determined by the Board of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid in respect of this Warrant by the Warrantholder. The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares as aforesaidaforesaid (or as provided in Section 1.3 below). Notwithstanding the foregoing, no such surrender shall be effective to constitute the Person entitled to receive such shares as the record holder thereof while the transfer books of the Company for the Common Stock are closed for any purpose (but not for any period in excess of five days); but any such surrender of this Warrant for exercise during any period while such books are so closed shall become effective for exercise immediately upon the reopening of such books, as if the exercise had been made on the date this Warrant was surrendered and for the number of shares of Common Stock and at the Exercise Price in effect at the date of such surrender.

Duration and Exercise of Warrant. Subject to the terms and conditions set forth herein, this Warrant may be exercised, in whole or in part, by the Warrantholder by: (a) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and (b) the delivery of payment to the Company, for the account of the Company, by cash, by wire transfer, certified or official bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided any other means approved by the Company upon requestCompany, of the Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States of America. . (c) In addition to and without limiting the alternativerights of the Warrantholder under any other terms set forth herein, the Warrantholder may shall have, upon written request by the Warrantholder delivered or transmitted to the Company together with this Warrant, the right (the "Conversion Right") to require the Company to convert this Warrant into Common Shares as follows: upon exercise its rightof the Conversion Right, on the Company shall deliver to the Warrantholder (without payment by the Warrantholder of any Business Day Exercise Price) the number of Common Shares that is equal to the quotient obtained by dividing (x) the value of this Warrant at the time the Conversion Right is exercised (determined by subtracting the aggregate Exercise Price in effect immediately prior to and including the Expiration Date, to receive Warrant exercise of the Conversion Right from the aggregate Current Market Price (determined as provided in Section 10 below) of the Common Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise of this Warrant less that number immediately prior to the exercise of Warrant Shares having an aggregate fair market value the Conversion Right) by (y) the Current Market Price of one Common Share (determined as determined provided in Section 10 below) immediately prior to the exercise of the Conversion Right. The Conversion Right referred to in this Section 1.1(c) may be exercised by the Board of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid in respect Warrantholder by surrender of this Warrant by at the Warrantholderprincipal office of the Company or at the offices of its Shares transfer or warrant agent, if any, together with a written statement specifying that the Warrantholder thereby intends to exercise the Conversion Right. The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares as aforesaid. Notwithstanding the foregoing, no such surrender shall be effective to constitute the Person entitled to receive such shares as the record holder thereof while the transfer books of the Company for the Common Shares are closed for any purpose (but not for any period in excess of five days); but any such surrender of this Warrant for exercise during any period while such books are so closed shall become effective for exercise immediately upon the reopening of such books, as if the exercise had been made on the date this Warrant was surrendered and for the number of shares of Common Shares and at the Exercise Price in effect at the date of such surrender.

Duration and Exercise of Warrant. (a) Subject to Sections 2.2 and 2.3 hereof and the other terms and conditions set forth herein, this Warrant may be exercised, in whole or in part, by the Warrantholder by: by (ai) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and Date and (bii) the delivery of payment to the Company, for the account of the Company, by cash, by wire transfer, certified or official bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided any other means approved by the Company upon requestCompany, of the aggregate Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States State of America. In . (b) As soon as possible, but in any event not more than five Business Days, after the alternative, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise surrender of this Warrant less that number of Warrant Shares having an aggregate fair market value (as determined with a duly executed Exercise Form and, if the Conversion Right is not exercised pursuant to Section 2.3, the payment by the Board Warrantholder of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been in accordance with the foregoing subsection (a), the Company shall deliver to the Warrantholder a stock certificate or certificates representing the Warrant Shares specified in the Exercise Form, together with a check for the amount of cash (calculated in accordance with Section 7.4) to be paid in respect of this Warrant by the Warrantholder. Company to the Warrantholder in lieu of the issuance of fractional shares, if any; provided, however, that if a determination of a nationally recognized investment banking firm is necessary to determine the Current Market Price pursuant to Section 2.3(a), such delivery shall be made promptly after such determination is made (such determination pursuant to Section 2.3(a) shall be made with reasonable promptness but no more frequently than on a quarterly basis). (c) The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date Business Day on which this Warrant shall have been surrendered to the Company, together with the duly executed Exercise Form, and payment of the Exercise Price made for the Warrant Shares as aforesaidaforesaid (or as provided in Section 2.3 below).

Duration and Exercise of Warrant. Subject to the terms and conditions set forth herein, this Warrant may be exercised, in whole or in part, by the Warrantholder by: (a) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and (b) the delivery of payment to the Company, for the account of the Company, by cash, by certified or bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided by the Company upon request, of the Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money the form of cash or certified or bank check payable to the order of the United States of America. In the alternative, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise of this Warrant less that number of Warrant Shares having an aggregate fair market value (as determined by the Board of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid in respect of this Warrant by the WarrantholderCompany. The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares as aforesaid. Notwithstanding the foregoing, no such surrender shall be effective to constitute the person entitled to receive such shares as the record holder thereof while the transfer books of the Company for the Common Stock are closed for any purpose (but not for any period in excess of five days); but any such surrender of this Warrant for exercise during any period while such books are so closed shall become effective for exercise immediately upon the reopening of such books, as if the exercise had been made on the date this Warrant was surrendered and for the number of shares of Common Stock and at the Exercise Price in effect at the date of such surrender. This Warrant and all rights and options hereunder shall expire on the Expiration Date, and shall be wholly null and void to the extent this Warrant is not exercised before it expires.

Duration and Exercise of Warrant. Subject to the terms and conditions set forth herein, this Warrant may be exercised, in whole or in part, by the Warrantholder by: (a) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and (b) the delivery of payment to the Company, for the account of the Company, by cash, by wire transfer, certified or official bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided any other means approved by the Company upon requestCompany, of the Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States of America. In the alternative, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise of this Warrant less that number of Warrant Shares having an aggregate fair market value (as determined by the Board of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid in respect of this Warrant by the Warrantholder. The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares as aforesaid. Notwithstanding the foregoing, no such surrender shall be effective to constitute the Person entitled to receive such shares as the record holder thereof while the transfer books of the Company for the Common Shares are closed for any purpose (but not for any period in excess of five days); but any such surrender of this Warrant for exercise during any period while such books are so closed shall become effective for exercise immediately upon the reopening of such books, as if the exercise had been made on the date this Warrant was surrendered and for the number of shares of Common Shares and at the Exercise Price in effect at the date of such surrender.

Duration and Exercise of Warrant. 1.1 Subject to the terms and conditions set forth herein, this Warrant may be exercised, in whole or in part, by the Warrantholder by: (a) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day (i) beginning on June 20, 2008 and (ii) prior to and including the Expiration Date; and (b) the delivery of payment to the Company, for the account of the Company, by cash, by wire transfer, certified or official bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided any other means approved by the Company upon requestCompany, of the Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States of America. In Notwithstanding the alternativeforegoing, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such thatmay, without the exchange payment of any fundscash or other consideration (other than the surrender of the right to purchase certain Warrant Shares implicit in the following formula), exercise this Warrant for “Net Warrant Shares.” The Warrantholder shall provide written notice to the Warrantholder receives that Company specifying the gross number of Warrant Shares otherwise issuable upon exercise of as to which this Warrant less that is then exercised. The number of Net Warrant Shares deliverable upon such exercise will be determined by the following formula: Net Warrant Shares = [WS x (CP - EP)]/CP, where “WS” is the gross number of Warrant Shares having an aggregate fair market value (as determined by the Board of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid in respect of which this Warrant by is to be exercised; “CP” is the WarrantholderCurrent Market Price of the Common Stock on the last trading day preceding the date of the request to exercise this Warrant; and “EP” shall mean the then applicable Exercise Price. The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment has been made for the Warrant Shares Shares. Notwithstanding the foregoing, no such surrender shall be effective to constitute the Person entitled to receive such shares as aforesaidthe record holder thereof while the transfer books of the Company for the Common Stock are closed for any purpose (but not for any period in excess of five days), but any such surrender of this Warrant for exercise during any period while such books are so closed shall become effective for exercise immediately upon the reopening of such books, as if the exercise had been made on the date this Warrant was surrendered and for the number of shares of Common Stock and at the Exercise Price in effect at the date of such surrender.

Duration and Exercise of Warrant. (a) Subject to Sections 2.2 and 2.3 hereof and the other terms and conditions set forth herein, this Warrant may be exercised, in whole or in part, by the Warrantholder by: by (ai) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and Date and (bii) the delivery of payment to the Company, for the account of the Company, by cash, by wire transfer, certified or official bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided any other means approved by the Company upon requestCompany, of the aggregate Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States of America. In . (b) As soon as possible, but in any event not more than five Business Days, after the alternative, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise surrender of this Warrant less that number of Warrant Shares having an aggregate fair market value (as determined with a duly executed Exercise Form and, if the Conversion Right is not exercised pursuant to Section 2.3, the payment by the Board Warrantholder of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been in accordance with the foregoing subsection (a), the Company shall deliver to the Warrantholder a stock certificate or certificates representing the Warrant Shares specified in the Exercise Form, together with a check for the amount of cash (calculated in accordance with Section 7.4) to be paid in respect of this Warrant by the Warrantholder. Company to the Warrantholder in lieu of the issuance of fractional shares, if any; provided, however, that if a determination of a nationally recognized investment banking firm is necessary to determine the Current Market Price pursuant to Section 2.3(a), such delivery shall be made promptly after such determination is made (such determination pursuant to Section 2.3(a) shall be made with reasonable promptness but not more frequently than on a quarterly basis). (c) The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date Business Day on which this Warrant shall have been surrendered to the Company, together with the duly executed Exercise Form, and payment of the Exercise Price made for the Warrant Shares as aforesaidaforesaid (or as provided in Section 2.3 below).

Duration and Exercise of Warrant. Subject to the terms and conditions set forth herein, this Warrant may be exercised, in whole or in part, by the Warrantholder by: (a) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and (b) the delivery of payment to the Company, for the account of the Company, by cash, by wire transfer, certified or official bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided any other means approved by the Company upon requestCompany, of the Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States of America. In the alternative, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise of this Warrant less that number of Warrant Shares having an aggregate fair market value (as determined by the Board of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid in respect of this Warrant by the Warrantholder. The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares as aforesaid. Notwithstanding the foregoing, no such surrender shall be effective to constitute the Person entitled to receive such shares as the record holder thereof while the transfer books of the Company for the Common Stock are closed for any purpose (but not for any period in excess of five days); but any such surrender of this Warrant for exercise during any period while such books are so closed shall become effective for exercise immediately upon the reopening of such books, as if the exercise had been made on the date this Warrant was surrendered and for the number of shares of Common Stock and at the Exercise Price in effect at the date of such surrender.

Duration and Exercise of Warrant. Subject to the terms and conditions set forth herein, and so long as DaimlerChrysler is in compliance in all material respects with the terms and conditions of the Second Amended and Restated Agreement, dated as of October 24, 2005, among the Company, DaimlerChrysler Corporation (“DCC”), Mercedes-Benz USA, LLC (“Mercedes”) and Freightliner LLC (“Freightliner” and, together with DCC, Mercedes and their respective subsidiaries and designated affiliates, “DaimlerChrysler”), as amended, supplemented or otherwise modified from time to time (including pursuant to that certain letter agreement, dated as of April 5, 2004, between the Company and DCC), this Warrant may be exercised, in whole or in part, by the Warrantholder by: (a) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and and (b) the delivery of payment to the Company, for the account of the Company, by cash, by certified or bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided by the Company upon request, of the Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States of America. In the alternative, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise of this Warrant less that number of Warrant Shares having an aggregate fair market value (as determined by the Board of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid in respect of this Warrant by the Warrantholder. The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares as aforesaid.

Duration and Exercise of Warrant. Subject to the terms and conditions set forth herein, and so long as DaimlerChrysler is in compliance in all material respects with the terms and conditions of the Second Amended and Restated Agreement, dated as of October 5, 2005, among the Company, DaimlerChrysler Corporation (“DCC”), Mercedes-Benz USA, LLC (“Mercedes”) and Freightliner LLC (“Freightliner” and, together with DCC, Mercedes and their respective subsidiaries and designated affiliates, “DaimlerChrysler”), as amended, supplemented or otherwise modified from time to time (including pursuant to that certain letter agreement, dated as of April 5, 2004, between the Company and DCC), this Warrant may be exercised, in whole or in part, by the Warrantholder by: (a) the surrender of this Warrant to the Company, with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased, during normal business hours on any Business Day prior to and including the Expiration Date; and and (b) the delivery of payment to the Company, for the account of the Company, by cash, by certified or bank cashier's check or by wire transfer of immediately available funds in accordance with wire instructions that shall be provided by the Company upon request, of the Exercise Price for the number of Warrant Shares specified in the Exercise Form in lawful money of the United States of America. In the alternative, the Warrantholder may exercise its right, on any Business Day prior to and including the Expiration Date, to receive Warrant Shares on a net basis, such that, without the exchange of any funds, the Warrantholder receives that number of Warrant Shares otherwise issuable upon exercise of this Warrant less that number of Warrant Shares having an aggregate fair market value (as determined by the Board of Directors) at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid in respect of this Warrant by the Warrantholder. The Company agrees that such Warrant Shares shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares as aforesaid.