Common use of Exercise and Duration of Warrant Clause in Contracts

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, by the registered Holder at any time and from time to time from and after the Initial Exercise Date to and including the Expiration Date. At 5:00 P.M. New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”), appropriately completed and duly signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below), and the date such items are received by the Company is an “Exercise Date.” Execution and delivery of an Exercise Notice in respect of less than all of the Warrant Shares issuable upon exercise of this Warrant shall result in the cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares.

Exercise and Duration of Warrant. (a) This Warrant shall will be exercisable, either in its entirety whole or for a portion of the number of Warrant Sharesin part, by the registered Holder at any time and from time to time from on and after the Initial Exercise Original Issue Date to and including the Expiration Date. At 5:00 P.M. p.m., New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall to the Expiration Date will be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with Company (i) an exercise notice, in the form attached hereto to this Warrant as Appendix B (the “"Exercise Notice”"), appropriately completed and duly signed, signed and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below), and the . The date such items are received by the Company is an “"Exercise Date.” " Execution and delivery of an the Exercise Notice in respect of less than all of will have the Warrant Shares issuable upon exercise of this Warrant shall result in the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder will pay the Exercise Price, at the sole election of the Holder, (i) in cash, by certified bank check payable to the order of the Company, or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) by presenting and surrendering to the Company this Warrant, in which event the Company will issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where:

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, exercisable by the registered Holder at any time and from time to time from on and after the Initial Exercise Date to and including the Expiration Date. At 5:00 P.M. New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with Company (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”), appropriately completed and duly signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below), and the date such items are received by the Company is an “Exercise Date.” Execution and delivery of an the Exercise Notice in respect of less than all of shall have the Warrant Shares issuable upon exercise of this Warrant shall result in the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder shall pay the Exercise Price (i) in cash, by certified bank check payable to the order of the Company or by wire transfer of immediately available funds in accordance with the Company’s instructions or (ii) if on or after the six month anniversary of the Original Issue Date (x) there is no effective Registration Statement registering the resale of the Warrant Shares by the Holder and (y) the Market Price exceeds the Exercise Price, by means of a “cashless exercise”, by presenting and surrendering to the Company this Warrant, in which event the Company shall issue to the Holder the number of Warrant Shares determined as follows:

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, exercisable by the registered Holder at any time and from time to time from on and after the Initial Exercise Date to and including the Expiration Date. At 5:00 P.M. New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with Company (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”), appropriately completed and duly signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below)exercised, and the date such items are received by the Company is an “Exercise Date.” Execution and delivery of an the Exercise Notice in respect of less than all of shall have the Warrant Shares issuable upon exercise of this Warrant shall result in the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder shall pay the Exercise Price (i) in cash, by certified bank check payable to the order of the Company or by wire transfer of immediately available funds in accordance with the Company’s instructions or (ii) if on or after the six (6) month anniversary of the Original Issue Date (x) there is no effective Registration Statement registering the resale of the Warrant Shares by the Holder and (y) the Market Price exceeds the Exercise Price, by means of a “cashless exercise,” by presenting and surrendering to the Company this Warrant, in which event the Company shall issue to the Holder the number of Warrant Shares determined as follows:

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, exercisable by the registered Holder at any time and from time to time from on and after the Initial Exercise Date July 1, 2004 to and including the Expiration Date. At 5:00 P.M. P.M., New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with Company (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”"EXERCISE NOTICE"), appropriately completed and duly signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below), and the date such items are received by the Company is an “Exercise Date"EXERCISE DATE.” " Execution and delivery of an the Exercise Notice in respect of less than all of shall have the Warrant Shares issuable upon exercise of this Warrant shall result in the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder shall pay the Exercise Price (i) in cash, by certified bank check payable to the order of the Company or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) if at any time on or after the Initial Exercise Date (x) there is no effective Registration Statement registering the resale of the Warrant Shares by the Holder and (y) the Market Price exceeds the Exercise Price, by means of a "cashless exercise", by presenting and surrendering to the Company this Warrant, in which event the Company shall issue to the Holder the number of Warrant Shares determined as follows: [FORM OF WARRANT] X = Y [(A-B)/A] where:

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time from and on or after the Initial Exercise Trigger Date to and through and including 5:30 P.M. New York City time, on the Expiration Date. At 5:00 P.M. 5:30 P.M., New York City time time, on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, value and the Holder hereof this Warrant shall have be terminated and no right to purchase any additional Warrant Shares hereunderlonger outstanding. (b) A The Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with Company (i) an exercise notice, in the form attached as Schedule 1 hereto as Appendix B (the “Exercise Notice”), appropriately completed and duly signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below)exercised, and the date such items are received by delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The delivery by (or on behalf of) the Holder of the Exercise Notice and the applicable Exercise Price as provided above shall constitute the Holder’s certification to the Company that its representations and warranties set forth in Section 6 of the Convertible Note are true and correct as of the Exercise Date as if remade in their entirety (or, in the case of any transferee Holder that is not a party to the Convertible Notes, such transferee Holder’s certification to the Company that such representations are true and correct as to such assignee Holder as of the Exercise Date). The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder. Execution and delivery of an the Exercise Notice in respect of less than all of shall have the Warrant Shares issuable upon exercise of this Warrant shall result in the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares.

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, exercisable by the registered Holder at any time and from time to time from and One Hundred Twenty (120) days after the Initial Exercise Date final Closing of the Offering (as defined in the Placement Agent Agreement) to and including the Expiration Date. At 5:00 P.M. New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with Company (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”), appropriately completed and duly signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below), and the date such items are received by the Company is an “Exercise Date.” Execution and delivery of an the Exercise Notice in respect of less than all of shall have the Warrant Shares issuable upon exercise of this Warrant shall result in the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) At any time during the exercise period, the Holder may, at its option, exercise this Warrant on a cashless basis by exchanging this Warrant, in whole or in part, by means of a “cashless exercise”, by presenting and surrendering to the Company this Warrant and the Exercise Notice, and indicating in the Exercise Notice that the Holder is electing the “cashless exercise” option, in which event the Company shall issue to the Holder the number of Warrant Shares determined as follows:

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, exercisable by the registered Holder at any time and from time to time from and time, in whole or in part, on or after the Initial Exercise Date December 3, 2008, to and including the Expiration Date. At 5:00 P.M. P.M., New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with Company (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”), appropriately completed and duly signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below)exercised, and the date such items are received by delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” (c) This Warrant may also be exercised at such time by means of a “cashless exercise” Execution and delivery in which the Holder shall be entitled to receive a certificate for the number of an Warrant Shares equal to the quotient obtained by dividing [(A-B) (X)] by (A), where: (A) = the VWAP on the Trading Day immediately preceding the date of such election; (B) = the Exercise Notice in respect Price of less than all this Warrant, as adjusted; and (X) = the number of the Warrant Shares issuable upon exercise of this Warrant shall result in accordance with the cancellation terms of the original this Warrant and issuance by means of a New Warrant evidencing cash exercise rather than a cashless exercise. (d) For the right to purchase purposes of this Agreement, the remaining number of Warrant Shares.following definitions shall apply:

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, exercisable by the registered Holder at any time and from time to time from on and after the Initial Exercise Original Issue Date to through and including the Expiration Date. At 5:00 P.M. P.M., New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with Company (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”), appropriately completed and duly signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below), and the date such items are received by the Company is an “Exercise Date.” Execution and delivery of an the Exercise Notice in respect of less than all of shall have the Warrant Shares issuable upon exercise of this Warrant shall result in the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder shall pay the Exercise Price (i) in cash or by certified bank check payable to the order of the Company or (ii) if at any time on or after the Original Issue Date (x) there is no effective Registration Statement registering the resale of the Warrant Shares by the Holder and (y) the Market Price exceeds the Exercise Price, by means of a “cashless exercise”, by presenting and surrendering to the Company this Warrant, in which event the Company shall issue to the Holder the number of Warrant Shares determined as follows:

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, exercisable by the registered Holder at any time and from time to time from on and after the Initial Exercise Date to and including the Expiration Date. At 5:00 P.M. New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with Company (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”), appropriately completed completed, duly signed and duly signeddelivered in compliance with Section 14, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below), and the date such items are received by the Company is an “Exercise Date.” Execution and delivery of an the Exercise Notice in respect of less than all of shall have the Warrant Shares issuable upon exercise of this Warrant shall result in the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder shall pay the Exercise Price (i) in cash, by certified bank check payable to the order of the Company or by wire transfer of immediately available funds in accordance with the Company’s instructions or (ii) if at any time on or after the Initial Exercise Date the Market Price exceeds the Exercise Price, by means of a “cashless exercise”, by presenting and surrendering to the Company this Warrant, in which event the Company shall issue to the Holder the number of Warrant Shares determined as follows:

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, by the registered Holder at any time and from time to time from and after the Initial Exercise Date to and including the Expiration Date. At 5:00 P.M. New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”"EXERCISE NOTICE"), appropriately completed and duly signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below), and the date such items are received by the Company is an “Exercise Date"EXERCISE DATE.” " Execution and delivery of an Exercise Notice in respect of less than all of the Warrant Shares issuable upon exercise of this Warrant shall result in the cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder shall pay the Exercise Price in cash, by certified bank check payable to the order of the Company or by wire transfer of immediately available funds in accordance with the Company's instructions. (d) Except as otherwise provided for herein, this Warrant shall not entitle the Holder to any voting rights or other rights as a stockholder of the Company by virtue of the ownership hereof.

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable, either in its entirety or for a portion of the number of Warrant Shares, exercisable by the registered Holder at any time and from time to time from on and after the Initial Exercise Date March 30, 2005 to and including the Expiration Date. At 5:00 P.M. p.m., New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company, in accordance with Section 13, this Warrant, together with Company (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”"EXERCISE NOTICE"), appropriately completed and duly signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below), and the date such items are received by the Company is an “Exercise Date"EXERCISE DATE.” " Execution and delivery of an the Exercise Notice in respect of less than all of shall have the Warrant Shares issuable upon exercise of this Warrant shall result in the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder shall pay the Exercise Price (i) in cash, by certified bank check payable to the order of the Company or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) if at any time on or after the Initial Exercise Date (x) there is no effective Registration Statement registering the resale of the Warrant Shares by the Holder and (y) the Market Price exceeds the Exercise Price, by means of a "cashless exercise," by presenting and surrendering to the Company this Warrant, in which event the Company shall issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where: