Common use of Effect of Exercise Clause in Contracts

Effect of Exercise. (a) Upon the exercise of any Warrant in accordance with Section 4.1, the Common Shares thereby issuable will be deemed to have been issued, and the Person to whom such Common Shares are to be issued will be deemed to have become the holder of record thereof on the Exercise Date, unless the transfer registers for the Common Shares are closed on that date, in which case such Common Shares will be deemed to have been issued and such Person will be deemed to have become the holder of record thereof on the date on which such transfer registers are reopened, but such Common Shares will be issued on the basis of the number of Common Shares to which such Person was entitled on the Exercise Date. (b) As soon as practicable and in any event not later than the fifth business day on which the transfer registers for the Common Shares have been open after such exercise, the Corporation will cause the Agent to mail to the Person in whose name the Common Shares thereby issued have been issued, at its address, or, if so specified, cause to be delivered to such Person at the place where the Warrant Certificate evidencing such Warrant was surrendered, a certificate representing the Common Shares so issued. (c) If any Common Shares issuable pursuant to any Warrant are to be issued to a Person other than the Warrantholder, the Warrantholder must pay to the Corporation or to the Agent on its behalf an amount equal to all eligible transfer taxes or other government charges, and the Corporation will not be required to issue or deliver any certificates representing any such Common Shares unless or until such amount has been so paid or the Warrantholder has established to the satisfaction of the Corporation that such taxes and charges have been paid or that no such taxes or charges are owing.

Effect of Exercise. (a1) Upon the exercise of any Warrant in accordance with Section 4.1, the Common Shares thereby issuable will be deemed to have been issued, and the Person person or persons to whom such Common Shares are to be issued will be deemed to have become the holder or holders of record thereof on the Exercise Date, unless the transfer registers for the Common Shares are closed by law on that date, in which case such Common Shares will be deemed to have been issued and such Person person or persons will be deemed to have become the holder or holders of record thereof on the date on which such transfer registers are reopened, but such Common Shares will be issued on the basis of the number of Common Shares to which such Person was person or persons were entitled on the Exercise Date. (b2) As soon as practicable and in any event not later than the fifth business day on which the transfer registers for the Common Shares have been open after such exercise, the Corporation Kinross will cause the Agent Trustee to mail to the Person person or persons in whose name or names the Common Shares thereby issued have been issued, at its addresshis or their respective addresses specified in the notice of exercise, or, if so specified, cause to be delivered to such Person person or persons at the place where the Warrant Certificate evidencing such Warrant was surrendered, a certificate certificates representing the Common Shares so issued. (c3) If any Common Shares issuable pursuant to any Warrant are to be issued to a Person person or persons other than the Warrantholder, the Warrantholder must pay to the Corporation Kinross or to the Agent Trustee on its behalf an amount equal to all eligible exigible transfer taxes or other government charges, and the Corporation Kinross will not be required to issue or deliver any certificates representing any such Common Shares unless or until such amount has been so paid or the Warrantholder has established to the satisfaction of the Corporation Kinross that such taxes and charges have been paid or that no such taxes or charges are owing.

Effect of Exercise. (a1) Upon the exercise of any Warrant in accordance with Section 4.1, the Common Shares thereby issuable will be deemed to have been issued, and the Person person or persons to whom such Common Shares are to be issued will be deemed to have become the holder or holders of record thereof on the Exercise Date, unless the transfer registers for the Common Shares are closed on that date, in which case such Common Shares will be deemed to have been issued and such Person person or persons will be deemed to have become the holder or holders of record thereof on the date on which such transfer registers are reopened, but such Common Shares will be issued on the basis of the number of Common Shares to which such Person was person or persons were entitled on the Exercise Date. (b2) As soon as practicable and in any event not later than the fifth business day on which the transfer registers for the Common Shares have been open after such exercise, the Corporation WorldHeart will cause the Warrant Agent to mail deliver to the Person person or persons in whose name or names the Common Shares thereby issued have been issued, at its addresshis or their respective addresses, or, if so specified, cause to be delivered to such Person person or persons at the place where the Warrant Certificate evidencing such Warrant was surrendered, a certificate certificates representing the Common Shares so issued. (c3) WorldHeart will pay any documentary stamp taxes attributable to the initial issuance of the Common Shares pursuant to any Warrant. If any Common Shares issuable pursuant to any Warrant are to be issued to a Person person or persons other than the Warrantholder, the Warrantholder must pay to the Corporation WorldHeart or to the Warrant Agent on its behalf an amount equal to all eligible exigible transfer taxes or other government charges, and the Corporation WorldHeart will not be required to issue or deliver any certificates representing any such Common Shares unless or until such amount has been so paid or the Warrantholder has established to the satisfaction of the Corporation WorldHeart that such taxes and charges have been paid or that no such taxes or charges are owing.

Effect of Exercise. (a1) Upon the exercise of any Warrant in accordance with Section section 4.1, the Common Shares thereby issuable will be deemed to have been issued, and the Person person or persons to whom such Common Shares are to be issued will be deemed to have become the holder or holders of record thereof on the Exercise Date, unless the transfer registers for the Common Shares are closed on that date, in which case such Common Shares will be deemed to have been issued and such Person person or persons will be deemed to have become the holder or holders of record thereof on the date on which such transfer registers are reopened, but such Common Shares will be issued on the basis of the number of Common Shares to which such Person was person or persons were entitled on the Exercise Date. (b2) As soon as practicable and in any event not later than the fifth second business day on which the transfer registers for the Common Shares have been open after such exercise, the Corporation Crystallex will cause the Warrant Agent to mail to the Person person or persons in whose name or names the Common Shares thereby issued have been issued, at its addresshis or their respective addresses, or, if so specified, cause to be delivered to such Person person or persons at the place where the Warrant Certificate evidencing such Warrant was surrendered, a certificate certificates representing the Common Shares so issued. (c3) If any Common Shares issuable pursuant to any Warrant are to be issued to a Person person or persons other than the Warrantholder, the Warrantholder must pay to the Corporation Crystallex or to the Warrant Agent on its behalf an amount equal to all eligible exigible transfer taxes or other government charges, and the Corporation Crystallex will not be required to issue or deliver any certificates representing any such Common Shares unless or until such amount has been so paid or the Warrantholder has established to the satisfaction of the Corporation Crystallex that such taxes and charges have been paid or that no such taxes or charges are owing.. Back to Contents

Effect of Exercise. (a1) Upon the exercise of any Warrant in accordance with Section 4.14.01, the Common Shares thereby issuable will be deemed to have been issued, and the Person person to whom such Common Shares are to be issued will be deemed to have become the holder of record thereof on the Exercise Date, unless the transfer registers for the Common Shares are closed on that date, in which case such Common Shares will be deemed to have been issued and such Person person will be deemed to have become the holder of record thereof on the date on which such transfer registers are reopened, but such Common Shares will be issued on the basis of the number of Common Shares to which such Person person was entitled on the Exercise Date. (b2) As soon as practicable and in any event not later than the fifth business day third Business Day on which the transfer registers for the Common Shares have been open after such exercise, the Corporation will cause the Warrant Agent to mail to the Person person in whose name the Common Shares thereby issued have been issued, at its address, or, if so specified, cause to be delivered to such Person person at the place where the Warrant Certificate evidencing such Warrant was surrendered, a certificate representing the Common Shares so issued. (c3) If any Common Shares issuable pursuant to any Warrant are to be issued to a Person person other than the Warrantholder, the Warrantholder must pay to the Corporation or to the Warrant Agent on its behalf an amount equal to all eligible exigible transfer taxes or other government charges, and the Corporation will not be required to issue or deliver any certificates representing any such Common Shares unless or until such amount has been so paid or the Warrantholder has established to the satisfaction of the Corporation that such taxes and charges have been paid or that no such taxes or charges are owing.

Effect of Exercise. (a1) Upon the due exercise of any Warrant in accordance with Section 4.1, the Common Shares thereby issuable will be deemed to have been issued, and the relevant Warrants shall be deemed to be exercised, cancelled and terminated in accordance with their terms, and the Person to whom such Common Shares are to be issued will be deemed to have become the holder of record thereof on the Exercise Date, unless the transfer registers for the Common Shares are closed on that date, in which case such Common Shares will be deemed to have been issued and such Person will be deemed to have become the holder of record thereof on the date on which such transfer registers are reopened, but such Common Shares will be issued on the basis of the number of Common Shares to which such Person was entitled on the applicable Exercise Date. (b2) As soon as practicable and in any event not later than the fifth business day (5th) Business Day following the date on which the transfer registers for the Common Shares have one or more Warrants has been open after such exerciseexercised in accordance herewith, the Corporation will cause the Warrant Agent to mail to each exercising Warrantholder, without any further action required on the Person in whose name part of the Warrantholder, the Common Shares thereby issued have been issuedissuable to such Warrantholder pursuant to such exercise of Warrants, at its address, or, if so specified, cause to be delivered to such Person at the place where latest known address of the Warrantholder as set forth on the relevant registrar of Warrants maintained by the Warrant Certificate evidencing such Warrant was surrendered, a certificate representing the Common Shares so issuedAgent. (c3) If any Common Shares issuable pursuant to any Warrant are to be issued to a Person other than the Warrantholder (as instructed by such Warrantholder), the Warrantholder must pay to the Corporation or to the Warrant Agent on its behalf an amount equal to all eligible exigible transfer taxes or other government charges, and the Corporation will not be required to issue or deliver any certificates representing any such Common Shares unless or until such amount has been so paid or the Warrantholder has established to the satisfaction of the Corporation that such taxes and charges have been paid or that no such taxes or charges are owing.

Effect of Exercise. (a1) Upon the exercise of any Warrant in accordance with Section section 4.1, the Common Shares thereby issuable will be deemed to have been issued, and the Person person or persons to whom such Common Shares are to be issued will be deemed to have become the holder or holders of record thereof on the Exercise Date, unless the transfer registers for the Common Shares are closed on that date, in which case such Common Shares will be deemed to have been issued and such Person person or persons will be deemed to have become the holder or holders of record thereof on the date on which such transfer registers are reopened, but such Common Shares will be issued on the basis of the number of Common Shares to which such Person was person or persons were entitled on the Exercise Date. (b2) As soon as practicable and in any event not later than the fifth business day on which the transfer registers for the Common Shares have been open after such exercise, the Corporation Crystallex will cause the Warrant Agent to mail to the Person person or persons in whose name or names the Common Shares thereby issued have been issued, at its addresshis or their respective addresses, or, if so specified, cause to be delivered to such Person person or persons at the place where the Warrant Certificate evidencing such Warrant was surrendered, a certificate certificates representing the Common Shares so issued. (c3) If any Common Shares issuable pursuant to any Warrant are to be issued to a Person person or persons other than the Warrantholder, the Warrantholder must pay to the Corporation Crystallex or to the Warrant Agent on its behalf an amount equal to all eligible transfer taxes or other government charges, and the Corporation Crystallex will not be required to issue or deliver any certificates representing any such Common Shares unless or until such amount has been so paid or the Warrantholder has established to the satisfaction of the Corporation Crystallex that such taxes and charges have been paid or that no such taxes or charges are owing.

Effect of Exercise. (a1) Upon the exercise of any Warrant in accordance with Section subsection 4.1, the Common Shares thereby issuable will be deemed to have been issued, and the Person person or persons to whom such Common Shares are to be issued will be deemed to have become the holder or holders of record thereof on the Exercise Date, unless the transfer registers for the Common Shares are closed on that date, in which case such Common Shares will be deemed to have been issued and such Person person or persons will be deemed to have become the holder or holders of record thereof on the date on which such transfer registers are reopened, but such Common Shares will be issued on the basis of the number of Common Shares to which such Person was person or persons were entitled on the Exercise Date. (b2) As soon as practicable and in any event not later than the fifth business day on which the transfer registers for the Common Shares have been open after such exercise, the Corporation Crystallex will cause the Warrant Agent to mail to the Person person or persons in whose name or names the Common Shares thereby issued have been issued, at its addresshis or their respective addresses, or, if so specified, cause to be delivered to such Person person or persons at the place where the Warrant Certificate evidencing such Warrant was surrendered, a certificate certificates representing the Common Shares so issued. (c3) If any Common Shares issuable pursuant to any Warrant are to be issued to a Person person or persons other than the Warrantholder, the Warrantholder must pay to the Corporation Crystallex or to the Warrant Agent on its behalf an amount equal to all eligible transfer taxes or other government charges, and the Corporation Crystallex will not be required to issue or deliver any certificates representing any such Common Shares unless or until such amount has been so paid or the Warrantholder has established to the satisfaction of the Corporation Crystallex that such taxes and charges have been paid or that no such taxes or charges are owing.