Common use of Exercise of Right of Issuance of Shares Clause in Contracts

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed PDF copy of the Notice of Issuance Form annexed hereto as Exhibit A (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Partial exercises of the Rights resulting in issuances of a portion of the total number of Reserved Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Shares purchasable thereunder in an amount equal to the applicable number of Reserved Shares issued. The Holder and the Company shall maintain records showing the number of Reserved Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day of receipt of such notice. The Holder acknowledges and agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Shares pursuant thereto, the number of Reserved Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder holder of such Right (each, a “Holder” and collectively, the “Holders”) at the address of the applicable Holder appearing on the books of the Company) of a duly executed PDF copy of the Notice of Issuance Form annexed hereto as Exhibit A C (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Partial exercises of the Rights resulting in issuances of a portion of the total number of Reserved Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Shares purchasable thereunder in an amount equal to the applicable number of Reserved Shares issued. The Each Holder and the Company shall maintain records showing the number of Reserved Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day of receipt of such notice. The Holder acknowledges and agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Shares pursuant thereto, the number of Reserved Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed PDF copy of the Notice of Issuance Form annexed hereto as Exhibit A (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Partial exercises of the Rights resulting in issuances of a portion of the total number of Reserved Rights Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Rights Shares purchasable thereunder in an amount equal to the applicable number of Reserved Rights Shares issued. The Holder and the Company shall maintain records showing the number of Reserved Rights Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day of receipt of such notice. The Holder acknowledges and agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Rights Shares pursuant thereto, the number of Reserved Rights Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed PDF copy of the Notice of Issuance Form annexed hereto as Exhibit A B (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Partial exercises of the Rights resulting in issuances of a portion of the total number of Reserved Rights Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Rights Shares purchasable thereunder in an amount equal to the applicable number of Reserved Rights Shares issued. The Holder and the Company shall maintain records showing the number of Reserved Rights Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day of receipt of such notice. The Holder acknowledges and agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Rights Shares pursuant thereto, the number of Reserved Rights Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights Right may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed PDF copy of the Notice of Issuance Form annexed hereto as Exhibit A C (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Partial exercises of the Rights Right resulting in issuances of a portion of the total number of Reserved Right Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Right Shares purchasable issuable thereunder in an amount equal to the applicable number of Reserved Right Shares issued. The Holder and the Company shall maintain records showing the number of Reserved Right Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day (as defined in the New Note) of receipt of such notice. The Holder acknowledges and agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights Right issued hereunder and the issuance of a portion of the Reserved Right Shares pursuant thereto, the number of Reserved Right Shares available for issuance pursuant to the Rights Right issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Companyaccordance with Section 20 hereof) of a duly executed PDF copy of the a Notice of Issuance Form in the form annexed hereto as Exhibit A (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Partial exercises of the Rights resulting in issuances of a portion of the total number of Reserved Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Shares purchasable issuable thereunder in an amount equal to the applicable number of Reserved Shares issued. The Holder and the Company shall maintain records showing the number of Reserved Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day of receipt of such notice. The Holder acknowledges and agrees that, by reason of the provisions of this paragraphSection 11.2, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Shares pursuant thereto, the number of Reserved Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights Right may be made, in whole or in part, at any time or times on or after the date hereof Issue Date and on or before the Right Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder Purchaser at the address of the Holder Purchaser appearing on the books of the Company) of a duly executed PDF copy of the Notice of Issuance Form annexed hereto as Exhibit A (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Within two (2) trading days following the Exercise Date, the Purchaser shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank. Partial exercises of the Rights Right resulting in issuances of a portion of the total number of Reserved Right Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Right Shares purchasable issuable thereunder in an amount equal to the applicable number of Reserved Right Shares issued. The Holder Purchaser and the Company shall maintain records showing the number of Reserved Right Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day trading day of receipt of such notice. The Holder Purchaser acknowledges and agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights Right issued hereunder and the issuance of a portion of the Reserved Right Shares pursuant thereto, the number of Reserved Right Shares available for issuance pursuant to the Rights Right issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereofhereof including Section 3(j), the exercise of the Rights Right may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder Investor at the address of the Holder Investor appearing on the books of the Company) of a duly executed PDF facsimile copy of the Notice of Issuance Form annexed hereto as Exhibit A (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). F. Partial exercises of the Rights Right resulting in issuances of a portion of the total number of Reserved Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Shares purchasable thereunder in an amount equal to the applicable number of Reserved Shares issued. The Holder Investor and the Company shall maintain records showing the number of Reserved Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one two (12) Trading Day Business Days of receipt of such notice. The Holder Investor acknowledges and agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Shares pursuant thereto, the number of Reserved Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights Right may be made, in whole or in part, at any time or times on or after the date hereof Closing Date and on or before the Right Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder Purchaser at the address of the Holder Purchaser appearing on the books of the Company) of a duly executed PDF copy of the Notice of Issuance Form annexed hereto as Exhibit A (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Within two (2) trading days following the Exercise Date, the Purchaser shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank. Partial exercises of the Rights Right resulting in issuances of a portion of the total number of Reserved Right Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Right Shares purchasable issuable thereunder in an amount equal to the applicable number of Reserved Right Shares issued. The Holder Purchaser and the Company shall maintain records showing the number of Reserved Right Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day trading day of receipt of such notice. The Holder Purchaser acknowledges and agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights Right issued hereunder and the issuance of a portion of the Reserved Right Shares pursuant thereto, the number of Reserved Right Shares available for issuance pursuant to the Rights Right issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed PDF copy of the Notice of Issuance Form annexed hereto as Exhibit A E (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Partial exercises of the Rights resulting in issuances of a portion of the total number of Reserved Rights Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Rights Shares purchasable thereunder in an amount equal to the applicable number of Reserved Rights Shares issued. The Holder and the Company shall maintain records showing the number of Reserved Rights Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day of receipt of such notice. The Holder acknowledges and agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Rights Shares pursuant thereto, the number of Reserved Rights Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights may be made, in whole or in part, at any time or times on or after the date hereof Company shall have either (x) completed a reverse stock split or (y) increased the authorized shares of Common Stock of the Company (the “Trigger Date”) by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed PDF copy of the Notice of Issuance Form annexed hereto as Exhibit A (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Partial exercises of the Rights resulting in issuances of a portion of the total number of Reserved Rights Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Rights Shares purchasable thereunder in an amount equal to the applicable number of Reserved Rights Shares issued. The Holder and the Company shall maintain records showing the number of Reserved Rights Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day of receipt of such notice. The Holder acknowledges and agrees that, by reason of the provisions of this paragraph, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Rights Shares pursuant thereto, the number of Reserved Rights Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in the recitals hereof.

Exercise of Right of Issuance of Shares. Subject to the terms hereof, the exercise of the Rights may be made, in whole or in part, at any time or times on or after the date hereof by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed PDF copy of the a Notice of Issuance Form in the form annexed hereto as Exhibit A (each, a “Notice of Issuance”, and the corresponding date thereof, the “Exercise Date”). Partial exercises of the Rights resulting in issuances of a portion of the total number of Reserved Shares available thereunder shall have the effect of lowering the outstanding number of Reserved Shares purchasable issuable thereunder in an amount equal to the applicable number of Reserved Shares issued. The Holder MSK and the Company shall maintain records showing the number of Reserved Shares issued and the date of such issuances. The Company shall deliver any objection to any Notice of Issuance Form within one (1) Trading Day (as defined below) of receipt of such notice. The Holder MSK acknowledges and agrees that, by reason of the provisions of this paragraphSection 3.2, following each exercise of the Rights issued hereunder and the issuance of a portion of the Reserved Shares pursuant thereto, the number of Reserved Shares available for issuance pursuant to the Rights issued hereunder at any given time may be less than the amount stated in the recitals hereof. For the purposes hereof, “Trading Day” means any day on which shares of Common Stock are purchased and sold on the principal market on which the Common Stock is listed or quoted.