Common use of Exercise Notice; Delivery of Certificates Clause in Contracts

Exercise Notice; Delivery of Certificates. In order to exercise this Warrant, Holder shall deliver to Company at its principal office at 000 Xxxxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, or at the office or agency designated by Company pursuant to Section 13.2, (i) a written notice of Xxxxxx's election to exercise this Warrant, specifying the number of shares of Common Stock to be purchased, (ii) payment of the Warrant Price and (iii) this Warrant. Such notice shall be substantially in the form of the subscription form appearing at the end of this Warrant as Exhibit A, duly executed by Holder or its agent or attorney. Upon receipt thereof, Company shall, as promptly as practicable, and in any event within five (5) Business Days thereafter, deliver to Holder a duly executed certificate or certificates representing the aggregate number of full shares of Common Stock issuable upon such exercise, together with cash in lieu of any fraction of a share, as hereinafter provided. Such stock certificate or certificates shall be in such denominations and registered in the name designated in the subscription form, subject to Section 9. Holder or any other Person so designated to be named therein shall be deemed to have become a holder of record of such shares of Warrant Stock for all purposes, as of the date on which all items in clauses (i)-(iii) above have been received by Company and all taxes required to be paid by Xxxxxx, if any, pursuant to Section 2.4 have been paid. If this Warrant shall have been exercised in part, Company shall deliver to Holder a new Warrant evidencing the rights of Holder to purchase the remaining shares of Common Stock issuable upon exercise of this Warrant, which new Warrant shall in all other respects be identical with this Warrant, or appropriate notation may be made on this Warrant and the same returned to Holder.

Exercise Notice; Delivery of Certificates. In order to exercise this Warrant, Holder shall deliver to Company at its principal office at 000 Xxxxxxxx425 Madison Avenue -- Penthouse, Xxxxx 0000New York, Xxx Xxxx, Xxx Xxxx 00000, NY 10017 or at the office or agency designated by Company pursuant to Section 13.2pxxxxxxx xx Xxxxxxx 14.2, (i) a written notice of XxxxxxHolder's election to exercise this Warrant, specifying the number of shares of Common Stock to be purchased, (ii) payment of the Warrant Price Price, and (iii) this Warrant. Such notice shall be substantially in the form of the subscription form appearing at the end of this Warrant as Exhibit A, duly executed by Holder or its agent or attorney. Upon receipt thereofof such notice, Company shall, as promptly as practicable, and and, subject to receipt of any necessary regulatory approvals (including expiration of any applicable waiting period), in any event within five ten (510) Business Days thereafter, deliver to Holder a duly executed certificate or certificates representing the aggregate number of full shares of Common Stock issuable upon such exercise, together with cash in lieu of any fraction of a share, as hereinafter provided. Such stock certificate or certificates shall be in such denominations and registered in the name designated in the subscription form, subject to Section 9Article IX. Holder or any other Person so designated to be named therein shall be deemed to have become a holder of record of such shares of Warrant Stock Shares for all purposes, as of the date on which all items in clauses (i)-(iii) above have been received by Company and all taxes required to be paid by XxxxxxHolder, if any, pursuant to Section 2.4 have been paid. If this Warrant shall have been exercised in part, Company shall deliver to Holder a new Warrant evidencing the rights of Holder to purchase the remaining shares of Common Stock issuable upon exercise of this Warrant, which new Warrant shall in all other respects be identical with this Warrant. Notwithstanding the foregoing, if in connection with the exercise of a Warrant or appropriate notation may acquisition of shares of Common Stock, any regulatory approval shall be made on this Warrant required, including expiration of any applicable waiting period, then, if Holder attempts to exercise during such restricted period and the same returned to HolderExpiration Date shall fall within that period, the Expiration Date shall be extended while any such regulatory approval or waiting period is pending and promptly following receipt of such approval or expiration of such waiting period (but in no event later than ten (10) Business Days thereafter), the Warrant shall be surrendered and the Warrant Price shall be paid as provided herein.

Exercise Notice; Delivery of Certificates. In order to exercise this Warrant, Holder shall deliver to Company at its principal office at 000 100 Xxxxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, or at the office or agency designated by Company pursuant to Section 13.2, (i) a written notice of XxxxxxHolder's election to exercise this Warrant, specifying the number of shares of Common Stock to be purchased, (ii) payment of the Warrant Price and (iii) this Warrant. Such notice shall be substantially in the form of the subscription form appearing at the end of this Warrant as Exhibit A, duly executed by Holder or its agent or attorney. Upon receipt thereof, Company shall, as promptly as practicable, and in any event within five (5) Business Days thereafter, deliver to Holder a duly executed certificate or certificates representing the aggregate number of full shares of Common Stock issuable upon such exercise, together with cash in lieu of any fraction of a share, as hereinafter provided. Such stock certificate or certificates shall be in such denominations and registered in the name designated in the subscription form, subject to Section 9. Holder or any other Person so designated to be named therein shall be deemed to have become a holder of record of such shares of Warrant Stock for all purposes, as of the date on which all items in clauses (i)-(iii) above have been received by Company and all taxes required to be paid by XxxxxxHolder, if any, pursuant to Section 2.4 have been paid. If this Warrant shall have been exercised in part, Company shall deliver to Holder a new Warrant evidencing the rights of Holder to purchase the remaining shares of Common Stock issuable upon exercise of this Warrant, which new Warrant shall in all other respects be identical with this Warrant, or appropriate notation may be made on this Warrant and the same returned to Holder.

Exercise Notice; Delivery of Certificates. In order to exercise this Warrant, Holder shall deliver to Company at its principal office at 000 Xxxxxxxx150 Broadway, Xxxxx 0000Suite 1100, Xxx XxxxNew York, Xxx Xxxx 00000New York 10038, or at the office or agency designated by Company pursuant to Section officx xx xxxxxx xxxxxxxxxx xx Xxxxxxx xxxxxxxx xx Xxxxion 13.2, (i) a written notice of XxxxxxHolder's election to exercise this Warrant, specifying the number of shares of Common Stock to be purchased, (ii) payment of the Warrant Price and (iii) this Warrant. Such notice shall be substantially in the form of the subscription form appearing at the end of this Warrant as Exhibit A, duly executed by Holder or its agent or attorney. Upon receipt thereof, Company shall, as promptly as practicable, and in any event within five (5) Business Days thereafter, deliver to Holder a duly executed certificate or certificates representing the aggregate number of full shares of Common Stock issuable upon such exercise, together with cash in lieu of any fraction of a share, as hereinafter provided. Such stock certificate or certificates shall be in such denominations and registered in the name designated in the subscription form, subject to Section 9. Holder or any other Person so designated to be named therein shall be deemed to have become a holder of record of such shares of Warrant Stock for all purposes, as of the date on which all items in clauses (i)-(iii) above have been received by Company and all taxes required to be paid by XxxxxxHolder, if any, pursuant to Section 2.4 have been paid. If this Warrant shall have been exercised in part, Company shall deliver to Holder a new Warrant evidencing the rights of Holder to purchase the remaining shares of Common Stock issuable upon exercise of this Warrant, which new Warrant shall in all other respects be identical with this Warrant, or appropriate notation may be made on this Warrant and the same returned to Holder.

Exercise Notice; Delivery of Certificates. In order to exercise this Warrant, Holder shall deliver to Company at its principal office at 000 Xxxxxxxx425 Madison Avenue - Penthouse, Xxxxx 0000New York, Xxx Xxxx, Xxx Xxxx 00000, NY 10017 or at the office or agency designated by Company pursuant to Section 13.2xxxxxx xxxxxxxxxx xx Xxxxxxx xxxxxxxx xx Xxxxxxx 14.2, (i) a written notice of XxxxxxHolder's election to exercise this Warrant, specifying the number of shares of Common Stock to be purchased, (ii) payment of the Warrant Price Price, and (iii) this Warrant. Such notice shall be substantially in the form of the subscription form appearing at the end of this Warrant as Exhibit A, duly executed by Holder or its agent or attorney. Upon receipt thereofof such notice, Company shall, as promptly as practicable, and and, subject to receipt of any necessary regulatory approvals (including expiration of any applicable waiting period), in any event within five two (52) Business Days thereafter, deliver to Holder a duly executed certificate or certificates representing the aggregate number of full shares of Common Stock issuable upon such exercise, together with cash in lieu of any fraction of a share, as hereinafter provided. Such stock certificate or certificates shall be in such denominations and registered in the name designated in the subscription form, subject to Section 9Article IX. Holder or any other Person so designated to be named therein shall be deemed to have become a holder of record of such shares of Warrant Stock Shares for all purposes, as of the date on which all items in clauses (i)-(iii) above have been received by Company and all taxes required to be paid by XxxxxxHolder, if any, pursuant to Section 2.4 have been paid. If this Warrant shall have been exercised in part, Company shall deliver to Holder a new Warrant evidencing the rights of Holder to purchase the remaining shares of Common Stock issuable upon exercise of this Warrant, which new Warrant shall in all other respects be identical with this Warrant. Notwithstanding the foregoing, if in connection with the exercise of a Warrant or appropriate notation may acquisition of shares of Common Stock, any regulatory approval shall be made on this Warrant required, including expiration of any applicable waiting period, then, if Holder attempts to exercise during such restricted period and the same returned to HolderExpiration Date shall fall within that period, the Expiration Date shall be extended while any such regulatory approval or waiting period is pending and promptly following receipt of such approval or expiration of such waiting period (but in no event later than two (2) Business Days thereafter), the Warrant shall be surrendered and the Warrant Price shall be paid as provided herein.

Exercise Notice; Delivery of Certificates. In order to exercise this Warrant, Holder shall deliver to the Company at its principal office at 000 Xxxxxxxx, Xxxxx 0000, Xxx Xxxx, Xxx Xxxx 00000, or at the office or agency designated by the Company pursuant to in Section 13.218.2, (i) a duly executed written notice notice, of Xxxxxx's Holder’s election to exercise this Warrant, specifying the number of shares of Common Stock Class C Units to be purchased, in substantially the form attached hereto as Exhibit A (iithe “Subscription Notice”), and a duly executed Addendum Agreement in substantially the form attached hereto as Exhibit B (the “Addendum Agreement”). In addition, as soon as practicable after the delivery of a Subscription Notice, but subject to the receipt of any necessary regulatory approvals (including expiration of any applicable waiting period), Holder shall deliver to the Company at the aforementioned address, (i) payment of the Warrant Price pursuant to Section 2.3, and (iiiii) this Warrant. Such notice shall be substantially in the form of the subscription form appearing at the end of this Warrant as Exhibit A, duly executed by Holder or its agent or attorney. Upon receipt thereofof a Subscription Notice and the Addendum Agreement, the Company shall, as promptly as practicable, and and, subject to receipt of any necessary regulatory approvals (including expiration of any applicable waiting period), in any event within five (5) Business Days thereafter, deliver to Holder a the Addendum Agreement duly executed certificate or certificates representing by the aggregate number Company and shall also provide evidence of full shares the admission of Common Stock issuable upon such exerciseHolder as a member into the Company by listing Holder on the Company’s Register of Members. Subject to Article IX, together with cash in lieu of any fraction of a share, as hereinafter provided. Such stock certificate or certificates shall be in such denominations and registered in the name designated in the subscription form, subject to Section 9. Holder or any other Person so designated to be named therein shall be deemed to have become a holder of record of such shares of Warrant Stock Units for all purposes, as of the date on which the Subscription Notice, the Addendum Agreement and payment of the Warrant Price pursuant to any one of the options set forth in Section 2.3 have all items in clauses (i)-(iii) above have been received by the Company and all taxes required to be paid by XxxxxxHolder, if any, pursuant to Section 2.4 have been paid. If this Warrant shall have been exercised in part, the Company shall deliver to Holder a new Warrant evidencing the rights of Holder to purchase the remaining shares of Common Stock Warrant Units issuable upon exercise of this Warrant, which new Warrant shall in all other respects be identical with this Warrant, or appropriate notation may be made on this Warrant and the same returned to Holder. Notwithstanding the foregoing, if in connection with the exercise of a Warrant or acquisition of Warrant Units by Holder, any regulatory approval shall be required, including expiration of any applicable waiting period, then, if the Warrant is exercised prior to such approval, the Expiration Date shall be extended while any such regulatory approval or waiting period is pending and, upon the provision by Holder to the Company of a Subscription Notice and the Addendum Agreement, any payment of the Warrant Price shall be paid promptly following receipt of such approval.

Exercise Notice; Delivery of Certificates. In order to ----------------------------------------- exercise this Warrant, Holder shall deliver to Company at its principal office at 000 XxxxxxxxTwo Executive Drive, Xxxxx 0000Chelmsford, Xxx Xxxx, Xxx Xxxx 00000, MA 01824 or at the office or agency designated by Company pursuant to Section 13.215.2, (i) a written notice of XxxxxxHolder's election to exercise this Warrant, specifying the number of shares of Common Stock to be purchased, (ii) payment of the Warrant Price Price, and (iii) this Warrant. Such notice shall be substantially in the form of the subscription form appearing at the end of this Warrant as Exhibit A, duly executed by Holder or its agent or attorney. Upon receipt thereofof such notice, Company shall, as promptly as practicable, and and, subject to receipt of any necessary regulatory approvals (including expiration of any applicable waiting period), in any event within five ten (510) Business Days thereafter, deliver to Holder a duly executed certificate or certificates representing the aggregate number of full shares of Common Stock issuable upon such exercise, together with cash in lieu of any fraction of a share, as hereinafter provided. Such stock certificate or certificates shall be in such denominations and registered in the name designated in the subscription form, subject to Section 9Article IX. Holder or any other Person so designated to be named therein shall be deemed to have become a holder of record of such shares of Warrant Stock for all purposes, as of the date on which all items in clauses (i)-(iii) above have been received by Company and all taxes required to be paid by XxxxxxHolder, if any, pursuant to Section 2.4 have been paid. If this Warrant shall have been exercised in part, Company shall cancel this Warrant upon surrender thereof and shall deliver to Holder a new Warrant evidencing the rights of Holder to purchase the remaining shares of Common Stock issuable upon exercise of this Warrant, which new Warrant shall in all other respects be identical with this Warrant. Notwithstanding the foregoing, if in connection with the exercise of a Warrant or appropriate notation may acquisition of shares of Common Stock, any regulatory approval shall be made on this required, including expiration of any applicable waiting period, then, if the Warrant is exercised prior to such approval, the Expiration Date shall be extended while any such regulatory approval or waiting period is pending and promptly following receipt of such approval or expiration of such waiting period, the Warrant shall be surrendered and the same returned to HolderWarrant Price shall be paid as provided herein.

Exercise Notice; Delivery of Certificates. In order to exercise this Warrant, Holder shall deliver to Company Telocity at its principal office at 000 Xxxxxxxx10350 Xxxxx xx Xxxx Xxxxxxxxx, Xxxxx 0000Xxxxxxxxx, Xxx Xxxx, Xxx Xxxx Xxxxxxxxxx 00000, or xx at the office or agency designated by Company Telocity pursuant to Section 13.215.2, (i) a written notice of XxxxxxHolder's election to exercise this Warrant, specifying the number of shares of Common Stock to be purchased, (ii) an investment representation statement, (iii) payment of the Warrant Price Price, and (iiiiv) this Warrant. Such notice shall be substantially in the form of the subscription form appearing at the end of this Warrant as Exhibit AA and such investment representation statement shall be substantially in the form appearing at the end of this Warrant as Exhibit B, each duly executed by Holder or its agent or attorney. Upon receipt thereofof such notice, Company Telocity shall, as promptly as practicable, and and, subject to receipt of any necessary regulatory approvals (including expiration of any applicable waiting period), in any event within five ten (510) Business Days thereafter, deliver to Holder a duly executed certificate or certificates representing the aggregate number of full shares of Common Stock issuable upon such exercise, together with cash in lieu of any fraction of a share, as hereinafter provided. Such stock certificate or certificates shall be in such denominations and registered in the name designated in the subscription form, subject to Section 9Article IX. Holder or any other Person so designated to be named therein shall be deemed to have become a holder of record of such shares of Warrant Stock for all purposes, as of the date on which all items in clauses (i)-(iii) above have been received by Company Telocity and all taxes required to be paid by XxxxxxHolder, if any, pursuant to Section 2.4 have been paid. If this Warrant shall have been exercised in part, Company Telocity shall deliver to Holder a new Warrant evidencing the rights of Holder to purchase the remaining shares of Common Stock issuable upon exercise of this Warrant, which new Warrant shall in all other respects be identical with this Warrant, or appropriate notation may be made on this Warrant and the same returned to Holder.this