Common use of Exchange of Warrants for Warrants Clause in Contracts

Exchange of Warrants for Warrants. (a) The Holder may exchange this Warrant for another Warrant or Warrants of like kind and tenor representing in the aggregate the right to purchase the same Current Holder’s Equity Interest which could be purchased pursuant to the Warrant being so exchanged. In order to effect an exchange permitted by this Section 2.2, the Holder shall deliver to the Company such Warrant accompanied by an Exchange Form in the form attached hereto as Annex 3 signed by the Holder thereof specifying the number and denominations of Warrants to be issued in such exchange and the names in which such Warrants are to be issued. Within ten (10) Business Days of receipt of such a request, the Company shall issue, register and deliver to the Holder thereof each Warrant to be issued in such exchange. (b) Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Holder, including indemnification reasonably acceptable to the Company) of the ownership and the loss, theft, destruction or mutilation of any Warrant or, in the case of any such mutilation, upon surrender of such Warrant, the Company shall (at its expense) execute and deliver in lieu of such Warrant a new Warrant of like kind and tenor representing the same rights represented by and dated the date of such lost, stolen, destroyed or mutilated Warrant. Any such new Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by any Person. (c) The Company shall pay all Taxes (other than any applicable income or similar Taxes payable by a Holder of a Warrant) attributable to an exchange of a Warrant pursuant to this Section 2.2; provided, however, that the Company shall not be required to pay any Tax which may be payable in respect of any transfer involved in the issuance of any Warrant in a name other than that of the Holder of the Warrant being exchanged.

Exchange of Warrants for Warrants. (a) The Holder may exchange this any Warrant issued hereunder for another Warrant or Warrants of like kind and tenor representing in the aggregate the right to purchase the same Current Holder’s Equity Interest which number and class or series of Warrant Shares that could be purchased pursuant to the Warrant being so exchanged. In order to effect an exchange permitted by this Section 2.23.2, the Holder shall deliver to the Company Issuer such Warrant accompanied by an Exchange Form in the form attached hereto as Annex 3 a written request signed by the Holder thereof specifying the number and denominations of Warrants to be issued in such exchange and and, subject to the transfer restrictions contained in the Other Equity Documents, the names in which such Warrants are to be issued. Within ten (10) As promptly as practicable but in any event within five Business Days of receipt of such a request, the Company shall Issuer shall, without charge, issue, register and deliver to the Holder thereof each Warrant to be issued in such exchangeexchange and make any necessary changes to the Warrant Register. (b) Upon receipt of evidence reasonably satisfactory to the Company Issuer (an affidavit of the Holder, including indemnification reasonably acceptable to the CompanyHolder being satisfactory) of the ownership and the loss, theft, destruction or mutilation of any Warrant Warrant, and in the case of any such loss, theft or destruction, upon receipt of an indemnity bond reasonably satisfactory to the Issuer or, in the case of any such mutilation, upon surrender of such Warrant, the Company shall (at its expense) execute Issuer shall, without charge, issue, register and deliver in lieu of such Warrant a new Warrant of like kind and tenor representing the same rights represented by by, and dated the date of of, such lost, stolen, destroyed or mutilated Warrant. Any such new Warrant shall constitute an original contractual obligation of the CompanyIssuer, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by any Person. (c) The Company Issuer shall pay all expenses and Taxes (other than any applicable income or income-based, capital gains or similar Taxes payable by a Holder of a Warrant) attributable to an exchange of a Warrant pursuant to this Section 2.23.2; provided, however, that the Company Issuer shall not be required to pay any Tax which that may be payable in respect of any transfer Transfer involved in the issuance of any Warrant in a name other than that of the Holder of the Warrant being exchanged.

Exchange of Warrants for Warrants. (a) The Holder may exchange this any Warrant issued hereunder for another Warrant or Warrants of like kind and tenor representing in the aggregate the right to purchase the same Current Holder’s Equity Interest which number and class or series of Warrant Shares that could be purchased pursuant to the Warrant being so exchanged. In order to effect an exchange permitted by this Section 2.23.2, the Holder shall deliver to the Company Issuer such Warrant accompanied by an Exchange Form in the form attached hereto as Annex 3 a written request signed by the Holder thereof specifying the number and denominations of Warrants to be issued in such exchange and and, subject to the transfer restrictions contained in the Other Equity Documents, the names in which such Warrants are to be issued. Within ten (10) As promptly as practicable but in any event within three Business Days of receipt of such a request, the Company shall Issuer shall, without charge, issue, register and deliver to the Holder thereof each Warrant to be issued in such exchangeexchange and make any necessary changes to the Warrant Register. (b) Upon receipt of evidence reasonably satisfactory to the Company Issuer (an affidavit of the Holder, including indemnification reasonably acceptable to the CompanyHolder being satisfactory) of the ownership and the loss, theft, destruction or mutilation of any Warrant Warrant, and in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Issuer (if the Holder is a financial institution or other institutional investor, its own indemnity agreement being satisfactory) or, in the case of any such mutilation, upon surrender of such Warrant, the Company shall (at its expense) execute Issuer shall, without charge, issue, register and deliver in lieu of such Warrant a new Warrant of like kind and tenor representing the same rights represented by by, and dated the date of of, such lost, stolen, destroyed or mutilated Warrant. Any such new Warrant shall constitute an original contractual obligation of the CompanyIssuer, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by any Person. (c) The Company Issuer shall pay all expenses and Taxes (other than any applicable income or income-based, capital gains or similar Taxes payable by a Holder of a Warrant) attributable to an exchange of a Warrant pursuant to this Section 2.23.2; provided, however, that the Company Issuer shall not be required to pay any Tax which that may be payable in respect of any transfer Transfer involved in the issuance of any Warrant in a name other than that of the Holder of the Warrant being exchanged.

Exchange of Warrants for Warrants. (a) The Holder may exchange this any Warrant issued hereunder for another Warrant or Warrants of like kind and tenor representing in the aggregate the right to purchase the same Current Holder’s Equity Interest which number and class or series of Warrant Shares that could be purchased pursuant to the Warrant being so exchanged. In order to effect an exchange permitted by this Section 2.23.2, the Holder shall deliver to the Company Issuer such Warrant accompanied by an Exchange Form in the form attached hereto as Annex 3 a written request signed by the Holder thereof specifying the number and denominations of Warrants to be issued in such exchange and and, subject to the transfer restrictions contained in the Other Equity Documents, the names in which such Warrants are to be issued. Within ten (10) As promptly as practicable but in any event within three Business Days of receipt of such a request, the Company shall Issuer shall, without charge, issue, register and deliver to the Holder thereof each Warrant to be issued in such exchangeexchange and make any necessary changes to the Warrant Register. (b) Upon receipt of evidence reasonably satisfactory to the Company Issuer (an affidavit of the Holder, including indemnification reasonably acceptable to the CompanyHolder being satisfactory) of the ownership and the loss, theft, destruction or mutilation of any Warrant Warrant, and in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Issuer (if the Holder is a financial institution or other institutional investor, its own indemnity agreement being satisfactory) or, in the case of any such mutilation, upon surrender of such Warrant, the Company shall (at its expense) execute Issuer shall, without charge, issue, register and deliver in lieu of such Warrant a new Warrant of like kind and tenor representing the same rights represented by by, and dated the date of of, such lost, stolen, destroyed or mutilated Warrant. Any such new Warrant shall constitute an original contractual obligation of the CompanyIssuer, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by any Person. (c) The Company Issuer shall pay all expenses and Taxes (other than any applicable income or income-based, capital gains or similar Taxes payable by a Holder of a Warrant) SF1:761432 6 attributable to an exchange of a Warrant pursuant to this Section 2.23.2; provided, however, that the Company Issuer shall not be required to pay any Tax which that may be payable in respect of any transfer Transfer involved in the issuance of any Warrant in a name other than that of the Holder of the Warrant being exchanged.

Exchange of Warrants for Warrants. (a) The Subject to applicable federal and state securities laws, the Holder may exchange this any Warrant issued hereunder for another Warrant or Warrants of like kind and tenor representing in the aggregate the right to purchase the same Current Holder’s Equity Interest number of Warrant Shares which could be purchased pursuant to the Warrant being so exchanged. In order to effect an exchange permitted by this Section 2.23.2, the Holder shall deliver to the Company Corporation such Warrant accompanied by an Exchange Form in the form attached hereto as Annex 3 a written request signed by the Holder thereof specifying the number and denominations of Warrants to be issued in such exchange exchange, and related documentation, the names in which such Warrants are to be issuedissued and such other documentation as may be reasonably requested by the Corporation to comply with applicable Federal and State securities laws. Within ten five (105) Business Days of receipt of such a requestrequest and all related documentation, the Company Corporation shall issue, register and deliver to the Holder thereof each Warrant to be issued in such exchange. (b) Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Holder, including indemnification reasonably acceptable to the CompanyHolder being satisfactory) of the ownership and the loss, theft, destruction or mutilation of any Warrant Warrant, and in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Corporation or, in the case of any such mutilation, upon surrender of such Warrant, the Company Corporation shall (at its expense) execute and deliver in lieu of such Warrant a new Warrant of like kind and tenor representing the same rights represented by and dated the date of such lost, stolen, destroyed or mutilated Warrant. Any such new Warrant shall constitute an original contractual obligation of the CompanyCorporation, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by any Person. (c) The Company shall pay all Taxes (other than any applicable income or similar Taxes payable by a Holder of a Warrant) attributable to an exchange of a Warrant pursuant to this Section 2.2; provided, however, that the Company shall not be required to pay any Tax which may be payable in respect of any transfer involved in the issuance of any Warrant in a name other than that of the Holder of the Warrant being exchanged.

Exchange of Warrants for Warrants. (a) The Holder may exchange this any Warrant issued hereunder for another Warrant or Warrants of like kind and tenor representing in the aggregate the right to purchase the same Current Holder’s Equity Interest which number and class or series of Warrant Shares that could be purchased pursuant to the Warrant being so exchanged. In order to effect an exchange permitted by this Section 2.23.2, the Holder shall deliver to the Company such Warrant accompanied by an Exchange Form in the form attached hereto as Annex 3 a written request signed by the Holder thereof specifying the number and denominations of Warrants to be issued in such exchange and and, subject to the transfer restrictions contained in the Other Transaction Documents, the names in which such Warrants are to be issued. Within ten As promptly as practicable but in any event within two (102) Business Days of receipt of such a request, the Company shall shall, without charge, issue, register and deliver to the Holder thereof each Warrant to be issued in such exchangeexchange and make any necessary changes to the Warrant Register. (b) Upon receipt of evidence reasonably satisfactory to the Company (an affidavit of the Holder, including indemnification reasonably acceptable to the CompanyHolder being satisfactory) of the ownership and the loss, theft, destruction or mutilation of any Warrant Warrant, and in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Company (if the Holder is a financial institution or other institutional investor, its own indemnity agreement being satisfactory) or, in the case of any such mutilation, upon surrender of such Warrant, the Company shall (at its expense) execute shall, without charge, issue, register and deliver in lieu of such Warrant a new Warrant of like kind and tenor representing the same rights represented by by, and dated the date of of, such lost, stolen, destroyed or mutilated Warrant. Any such new Warrant shall constitute an original contractual obligation of the Company, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by any Person. (c) The Company shall pay all Taxes (other than any applicable income or similar Taxes payable by a Holder of a Warrant) attributable to an exchange of a Warrant pursuant to this Section 2.2; provided, however, that the Company shall not be required to pay any Tax which may be payable in respect of any transfer involved in the issuance of any Warrant in a name other than that of the Holder of the Warrant being exchanged.

Exchange of Warrants for Warrants. (a) The Holder may exchange this any Warrant issued hereunder for another Warrant or Warrants of like kind and tenor representing in the aggregate the right to purchase the same Current Holder’s Equity Interest number of Warrant Shares which could be purchased pursuant to the Warrant being so exchanged. In order to effect an exchange permitted by this Section 2.23.2, the Holder shall deliver to the Company Corporation such Warrant accompanied by an Exchange Form in the form attached hereto as Annex 3 a written request signed by the Holder thereof specifying the number and denominations of Warrants to be issued in such exchange and the names in which such Warrants are to be issued. Within ten (10) Business Days of receipt of such a request, the Company Corporation shall issue, register and deliver to the Holder thereof each Warrant to be issued in such exchange. (b) Upon receipt of evidence reasonably satisfactory to the Company Corporation (an affidavit of the Holder, including indemnification reasonably acceptable to the CompanyHolder being satisfactory) of the ownership and the loss, theft, destruction or mutilation of any Warrant Warrant, and in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Corporation (if the Holder is a creditworthy financial institution or other creditworthy institutional investor its own indemnification agreement being satisfactory) or, in the case of any such mutilation, upon surrender of such Warrant, the Company Corporation shall (at its expense) execute and deliver in lieu of such Warrant a new Warrant of like kind and tenor representing the same rights represented by and dated the date of such lost, stolen, destroyed or mutilated Warrant. Any such new Warrant shall constitute an original contractual obligation of the CompanyCorporation, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by any Person. (c) The Company Corporation shall pay all Taxes taxes (other than any applicable income or similar Taxes taxes payable by a Holder of a Warrant) attributable to an exchange of a Warrant pursuant to this Section 2.23.2; providedPROVIDED, howeverHOWEVER, that the Company Corporation shall not be required to pay any Tax tax which may be payable in respect of any transfer involved in the issuance of any Warrant in a name other than that of the Holder of the Warrant being exchanged.

Exchange of Warrants for Warrants. (a) The Holder may exchange this any Warrant issued hereunder for another Warrant or Warrants of like kind and tenor representing in the aggregate the right to purchase the same Current Holder’s Equity Interest which number and class or series of Warrant Shares that could be purchased pursuant to the Warrant being so exchanged. In order to effect an exchange permitted by this Section 2.23.2, the Holder shall deliver to the Company Issuer such Warrant accompanied by an Exchange Form in the form attached hereto as Annex 3 a written request signed by the Holder thereof specifying the number and denominations of Warrants to be issued in such exchange and and, subject to the transfer restrictions contained in the Other Equity Documents, the names in which such Warrants are to be issued. Within ten (10) As promptly as practicable but in any event within three Business Days of receipt of such a request, the Company shall Issuer shall, without charge, issue, register and deliver to the Holder thereof each Warrant to be issued in such exchangeexchange and make any necessary changes to the Warrant Register. (b) Upon receipt of evidence reasonably satisfactory to the Company Issuer (an affidavit of the Holder, including indemnification reasonably acceptable to the CompanyHolder being satisfactory) of the ownership and the loss, theft, destruction or mutilation of any Warrant Warrant, and in the case of any such loss, theft or destruction, upon receipt of an indemnity reasonably satisfactory to the Issuer (if the Holder is a financial institution or other institutional investor, its own indemnity agreement being satisfactory) or, in the case of any such mutilation, upon surrender of such Warrant, the Company shall (at its expense) execute Issuer shall, without charge, issue, register and deliver in lieu of such Warrant a new Warrant of like kind and tenor representing the same rights represented by by, and dated the date of of, such lost, stolen, destroyed or mutilated Warrant. Any such new Warrant shall constitute an original contractual obligation of the CompanyIssuer, whether or not the allegedly lost, stolen, mutilated or destroyed Warrant shall be at any time enforceable by any Person. (c) The Company Issuer shall pay all expenses and Taxes (other than any applicable income or income-based, capital gains or similar Taxes payable by a Holder of a Warrant) SF1:761466 6 attributable to an exchange of a Warrant pursuant to this Section 2.23.2; provided, however, that the Company Issuer shall not be required to pay any Tax which that may be payable in respect of any transfer Transfer involved in the issuance of any Warrant in a name other than that of the Holder of the Warrant being exchanged.