Common use of Exercise of Stock Warrants Clause in Contracts

Exercise of Stock Warrants. (a) The Holder of a Stock Warrant shall have the right, at its option, to exercise such Stock Warrant and, subject to subsection (f) of this Section 2.2, purchase the number of [Preferred/Common] Shares provided for therein at the time or times or during the period or periods referred to in Section 2.1 and specified in the Warrant Certificate evidencing such Stock Warrant. No fewer than the minimum number of Stock Warrants as set forth in the Warrant Certificate may be exercised by or on behalf of any one Holder at any one time. Except as may be provided in a Warrant Certificate, a Stock Warrant may be exercised by completing the form of election to purchase set forth on the reverse side of the Warrant Certificate, by duly executing the same, and by delivering the same, together with payment in full of the Warrant Price, in lawful money of the United States of America, in cash or by certified or official bank check or by bank wire transfer, to the Warrant Agent. Except as may be provided in a Warrant Certificate, the date on which such Warrant Certificate and payment are received by the Warrant Agent as aforesaid shall be deemed to be the date on which the Stock Warrant is exercised and the relevant [Preferred/Common] Shares are issued. (b) Upon the exercise of a Stock Warrant, the Company shall issue to or upon the order of the Holder of such Warrant, the [Preferred/Common] Shares to which such Holder is entitled, registered, in the case of [Preferred/Common] Shares in registered form, in such name or names as may be directed by such Holder. (c) If fewer than all of the Stock Warrants evidenced by a Warrant Certificate are exercised, the Company shall execute, and an authorized officer of the Warrant Agent shall countersign and deliver, a new Warrant Certificate evidencing the number of Stock Warrants remaining unexercised. (d) The Warrant Agent shall deposit all funds received by it in payment of the Warrant Price for Stock Warrants in the account of the Company maintained with it for such purpose and shall advise the Company by telephone by 5:00 P.M., New York City time, of each day on which a payment of the Warrant Price for Warrants is received of the amount so deposited in its account. The Warrant Agent shall promptly confirm such telephone advice in writing to the Company. (e) The Warrant Agent shall, from time to time, as promptly as practicable, advise the Company of (i) the number of Stock Warrants of each title exercised as provided herein, (ii) the instructions of each Holder of such Stock Warrants with respect to delivery of the [Preferred/Common] Shares issued upon exercise of such Stock Warrants to which such Holder is entitled upon such exercise, and (iii) such other information as the Company shall reasonably require. Such notice may be given by telephone to be promptly confirmed in writing. (f) The Company will pay all documentary stamp taxes attributable to the initial issuance of Stock Warrants or to the issuance of [Preferred/Common] Shares to the registered Holder of such Stock Warrants upon exercise thereof; provided, however, that the Holder, and not the Company, shall be required to pay any stamp or other tax or other governmental charge that may be imposed in connection with any transfer involved in the issuance of the [Preferred/Common] Shares; and in the event that any such transfer is involved, the Company shall not be required to issue any [Preferred/Common] Shares (and the Holder's purchase of the [Preferred/Common] Shares issued upon the exercise of such Holder's Stock Warrant shall not be deemed to have been consummated) until such tax or other charge shall have been paid or it has been established to the Company's satisfaction that no such tax or other charge is due.

Exercise of Stock Warrants. (a) The Holder of a Stock Warrant shall have During the rightperiod specified in, at its optionor determined in accordance with, to exercise such Stock Warrant and, subject to subsection (f) of this Section 2.2, purchase the any whole number of [Preferred/Common] Shares provided for therein at Stock Warrants, if the time or times or during the period or periods referred to in Section 2.1 and specified in the Stock Warrant Certificate evidencing such Stock Warrant. No fewer than the minimum number of Stock Warrants as set forth in same shall have been countersigned by the Warrant Certificate Agent, may be exercised by or on behalf of any one Holder at any one time. Except as may be provided in a Warrant Certificate, a Stock Warrant may be exercised by completing the form of election to purchase providing certain information set forth on the reverse side of the Stock Warrant Certificate, by duly executing the same, Certificate and by delivering the same, together with payment paying in full of the Warrant Pricefull, in lawful money of the United States of America, in cash or America by certified or official bank check or by bank wire transfertransfer in immediately available funds, the Exercise Price for each Stock Warrant exercised, to the Warrant AgentAgent at its principal corporate trust office, at ____________; provided that such exercise is subject to receipt by the Warrant Agent of the Stock Warrant Certificate with the form of election to purchase Securities set forth on the reverse side of the Stock Warrant Certificate properly completed and duly executed. Except as may be provided in a Warrant Certificate, the The date on which such Warrant Certificate and payment are in full of the Exercise Price is received by the Warrant Agent shall, subject to receipt of the Stock Warrant Certificate as aforesaid shall aforesaid, be deemed to be the date on which the Stock Warrant is exercised and the relevant [Preferred/Common] Shares are issued. (b) Upon the exercise of a Stock Warrant, the Company shall issue to or upon the order of the Holder of such Warrant, the [Preferred/Common] Shares to which such Holder is entitled, registered, in the case of [Preferred/Common] Shares in registered form, in such name or names as may be directed by such Holder. (c) If fewer than all of the Stock Warrants evidenced by a Warrant Certificate are exercised, the Company shall execute, and an authorized officer of the Warrant Agent shall countersign and deliver, a new Warrant Certificate evidencing the number of Stock Warrants remaining unexercised. (d) . The Warrant Agent shall immediately deposit all funds received by it in payment of the Warrant this Exercise Price for Stock Warrants in the account of the Company maintained with it for such purpose and shall advise the Company immediately by telephone by 5:00 P.M., New York City time, of each day on which a payment of the Warrant Price receipt and amount of such funds for Warrants is received the exercise of the amount so deposited in its accountStock Warrants. The Warrant Agent shall promptly confirm such telephone advice in writing to the CompanyCompany in writing. No fractional Shares of Common Stock will be issued upon any surrender of Stock Warrant Certificates. (eb) The Warrant Agent shall, from time to time, as promptly as practicable, advise the Company of (i) the number of Stock Warrants exercised in accordance with the terms and conditions of each title exercised as provided hereinthis Agreement and the Stock Warrant Certificates, (ii) the instructions of each Holder holder of the Stock Warrant Certificates evidencing such Stock Warrants with respect to delivery of the [Preferred/Common] Shares issued upon exercise of such Stock Warrants Securities to which such Holder holder is entitled upon such exercise and delivery of Stock Warrant Certificates evidencing the balance, if any, of the Stock Warrants remaining after such exercise, and (iii) such other information as the Company shall reasonably requirerequest. Such notice advice may be given by telephone to be telephone, promptly confirmed in writing. (fc) The Company will pay all documentary stamp taxes attributable to As soon as practicable after the initial issuance exercise of any Stock Warrants Warrant or to the issuance of [Preferred/Common] Shares to the registered Holder of such Stock Warrants upon exercise thereof; provided, however, that the Holder, and not the Company, shall be required to pay any stamp or other tax or other governmental charge that may be imposed in connection with any transfer involved in the issuance of the [Preferred/Common] Shares; and in the event that any such transfer is involvedWarrants, the Company shall not be required issue and deliver to issue any [Preferred/Common] Shares (and or upon the Holder's purchase order of the [Preferred/Common] holder of the Stock Warrant Certificate evidencing such Stock Warrant or Stock Warrants, the Shares of Common Stock, fully-paid and nonassessable, to which such holder is entitled, in such name or names as may be directed by such holder, and, if fewer than all the Stock Warrants evidenced by such Stock Warrant Certificate were exercised, a new Stock Warrant Certificate for the number of Stock Warrants remaining unexercised, but in no event will any fractional Share of Common Stock be issued with regard to such Stock Warrant Certificate. No adjustments will be made for any cash dividends on Shares of Common Stock issuable upon the exercise of such Holder's a Stock Warrant shall not be deemed to have been consummated) until such tax or other charge shall have been paid or it has been established to the Company's satisfaction that no such tax or other charge is dueWarrant.

Exercise of Stock Warrants. (a) The Holder of a Stock Warrant shall have During the rightperiod specified in Section 2.02, at its option, to exercise such Stock Warrant and, subject to subsection (f) of this Section 2.2, purchase the any whole number of [Preferred/Common] Shares provided for therein at Stock Warrants, if the time or times or during the period or periods referred to in Section 2.1 and specified in the Stock Warrant Certificate evidencing such Stock Warrant. No fewer than the minimum number of Stock Warrants as set forth in same shall have been countersigned by the Warrant Certificate Agent, may be exercised by or on behalf of any one Holder at any one time. Except as may be provided in a Warrant Certificate, a Stock Warrant may be exercised by completing the form of election to purchase providing certain information set forth on the reverse side of the Stock Warrant Certificate, by duly executing the same, Certificate and by delivering the same, together with payment paying in full of the Warrant Pricefull, in lawful money of the United States of America, in cash or America by certified or official bank check or by bank wire transfertransfer in immediately available funds, the Exercise Price for each Stock Warrant exercised, to the Warrant AgentAgent at its principal corporate trust office, at _______________; provided that such exercise is subject to receipt by the Warrant Agent of the Stock Warrant Certificate with the form of election to purchase Securities set forth on the reverse side of the Stock Warrant Certificate properly completed and duly executed. Except as may be provided in a Warrant Certificate, the The date on which such Warrant Certificate and payment are in full of the Exercise Price is received by the Warrant Agent shall, subject to receipt of the Stock Warrant Certificate as aforesaid shall aforesaid, be deemed to be the date on which the Stock Warrant is exercised and the relevant [Preferred/Common] Shares are issued. (b) Upon the exercise of a Stock Warrant, the Company shall issue to or upon the order of the Holder of such Warrant, the [Preferred/Common] Shares to which such Holder is entitled, registered, in the case of [Preferred/Common] Shares in registered form, in such name or names as may be directed by such Holder. (c) If fewer than all of the Stock Warrants evidenced by a Warrant Certificate are exercised, the Company shall execute, and an authorized officer of the Warrant Agent shall countersign and deliver, a new Warrant Certificate evidencing the number of Stock Warrants remaining unexercised. (d) . The Warrant Agent shall immediately deposit all funds received by it in payment of the Warrant Exercise Price for Stock Warrants in the account of the Company Corporation maintained with it for such purpose and shall advise the Company Corporation immediately by telephone by 5:00 P.M., New York City time, of each day on which a payment of the Warrant Price receipt and amount of such funds for Warrants is received the exercise of the amount so deposited in its accountStock Warrants. The Warrant Agent shall promptly confirm such telephone telephonic advice in writing to the CompanyCorporation in writing. Pursuant to Section 8.02, no fractional Shares will be issued upon surrender of Stock Warrant Certificates. (eb) The Warrant Agent shall, from time to time, as promptly as practicable, advise the Company Corporation of (i) the number of Stock Warrants exercised in accordance with the terms and conditions of each title exercised as provided hereinthis Agreement and the Stock Warrant Certificates, (ii) the instructions of each Holder holder of the Stock Warrant Certificates evidencing such Stock Warrants with respect to delivery of the [Preferred/Common] Shares issued upon exercise of such Stock Warrants Securities to which such Holder holder is entitled upon such exercise and delivery of Stock Warrant Certificates evidencing the balance, if any, of the Stock Warrants remaining after such exercise, and (iii) such other information as the Company Corporation or the Trustee shall reasonably require. Such notice may be given by telephone to be promptly confirmed in writingrequest. (fc) The Company will pay As soon as practicable after the exercise of any Stock Warrant or Stock Warrants, the Corporation shall issue and deliver to or upon the order of the holder of the Stock Warrant Certificate evidencing such Stock Warrant or Stock Warrants, the Shares, fully paid and nonassessable, to which such holder is entitled, in such name or names as may be directed by such holder, and, if fewer than all documentary stamp taxes attributable to the initial issuance Stock Warrants evidenced by such Stock Warrant Certificate were exercised, a new Stock Warrant Certificate for the number of Stock Warrants or remaining unexercised, but in no event will any fractional Share be issued with regard to the issuance of [Preferred/Common] Shares to the registered Holder of such Stock Warrants upon exercise thereof; provided, however, that the Holder, and not the Company, shall Warrant Certificate. No adjustments will be required to pay made for any stamp or other tax or other governmental charge that may be imposed in connection with any transfer involved in the issuance of the [Preferred/Common] Shares; and in the event that any such transfer is involved, the Company shall not be required to issue any [Preferred/Common] cash dividends on Shares (and the Holder's purchase of the [Preferred/Common] Shares issued issuable upon the exercise of such Holder's a Stock Warrant shall not be deemed to have been consummated) until such tax or other charge shall have been paid or it has been established to the Company's satisfaction that no such tax or other charge is dueWarrant.

Exercise of Stock Warrants. (a) The Holder of a Stock -------------------------- Warrant shall have the right, at its option, to exercise such Stock Warrant and, subject to subsection (f) of this Section 2.22.02, purchase the number of [Preferred/Common] Shares provided for therein at the time or times or during the period or periods referred to in Section 2.1 2.01 and specified in the Warrant Certificate evidencing such Stock Warrant. No fewer than the minimum number of Stock Warrants as set forth in the Warrant Certificate may be exercised by or on behalf of any one Holder at any one time. Except as may be provided in a Warrant Certificate, a Stock Warrant may be exercised by completing the form of election to purchase set forth on the reverse side of the Warrant Certificate, by duly executing the same, and by delivering the same, together with payment in full of the Warrant Price, in lawful money of the United States of America, in cash or by certified or official bank check or by bank wire transfer, to the Warrant Agent. Except as may be provided in a Warrant Certificate, the date on which such Warrant Certificate and payment are received by the Warrant Agent as aforesaid shall be deemed to be the date on which the Stock Warrant is exercised and the relevant [Preferred/Common] Shares are issued. (b) Upon the exercise of a Stock Warrant, the Company shall issue to or upon the order of the Holder of such Warrant, the [Preferred/Common] Shares to which such Holder is entitled, registered, in the case of [Preferred/Common] Shares in registered form, in such name or names as may be directed by such Holder. (c) If fewer than all of the Stock Warrants evidenced by a Warrant Certificate are exercised, the Company shall execute, and an authorized officer of the Warrant Agent shall countersign and deliver, a new Warrant Certificate evidencing the number of Stock Warrants remaining unexercised. (d) The Warrant Agent shall deposit all funds received by it in payment of the Warrant Price for Stock Warrants in the account of the Company maintained with it for such purpose and shall advise the Company by telephone by 5:00 P.M., New York City time, of each day on which a payment of the Warrant Price for Warrants is received of the amount so deposited in its account. The Warrant Agent shall promptly confirm such telephone advice in writing to the Company. (e) The Warrant Agent shall, from time to time, as promptly as practicable, advise the Company of (i) the number of Stock Warrants of each title exercised as provided herein, (ii) the instructions of each Holder of such Stock Warrants with respect to delivery of the [Preferred/Common] Shares issued upon exercise of such Stock Warrants to which such Holder is entitled upon such exercise, and (iii) such other information as the Company shall reasonably require. Such notice may be given by telephone to be promptly confirmed in writing. (f) The Company will pay all documentary stamp taxes attributable to the initial issuance of Stock Warrants or to the issuance of [Preferred/Common] Shares to the registered Holder of such Stock Warrants upon exercise thereof; provided, however, that the Holder, and not the Company, shall be required to pay any stamp or other tax or other governmental charge that may be imposed in connection with any transfer involved in the issuance of the [Preferred/Common] Shares; and in the event that any such transfer is involved, the Company shall not be required to issue any [Preferred/Common] Shares (and the Holder's purchase of the [Preferred/Common] Shares issued upon the exercise of such Holder's Stock Warrant shall not be deemed to have been consummated) until such tax or other charge shall have been paid or it has been established to the Company's satisfaction that no such tax or other charge is due.

Exercise of Stock Warrants. (a) The Holder of a Stock Warrant shall have the right, at its option, to exercise such Stock Warrant and, subject to subsection (f) of this Section 2.22.02, purchase the number of [Preferred/Common/Depositary] Shares provided for therein at the time or times or during the period or periods referred to in Section 2.1 2.01 and specified in the Warrant Certificate evidencing such Stock Warrant. No fewer than the minimum number of Stock Warrants as set forth in the Warrant Certificate may be exercised by or on behalf of any one Holder at any one time. Except as may be provided in a Warrant Certificate, a Stock Warrant may be exercised by completing the form of election to purchase set forth on the reverse side of the Warrant Certificate, by duly executing the same, and by delivering the same, together with payment in full of the Warrant Price, in lawful money of the United States of America, in cash or by certified or official bank check or by bank wire transfer, to the Warrant Agent. Except as may be provided in a Warrant Certificate, the date on which such Warrant Certificate and payment are received by the Warrant Agent as aforesaid shall be deemed to be the date on which the Stock Warrant is exercised and the relevant [Preferred/Common/Depositary] Shares are issued. (b) Upon the exercise of a Stock Warrant, the Company shall issue to or upon the order of the Holder of such Warrant, the [Preferred/CommonCommon/ Depositary] Shares to which such Holder is entitled, registered, in the case of [Preferred/Common/Depositary] Shares in registered form, in such name or names as may be directed by such Holder. (c) If fewer than all of the Stock Warrants evidenced by a Warrant Certificate are exercised, the Company shall execute, and an authorized officer of the Warrant Agent shall countersign and deliver, a new Warrant Certificate evidencing the number of Stock Warrants remaining unexercised. (d) The Warrant Agent shall deposit all funds received by it in payment of the Warrant Price for Stock Warrants in the account of the Company maintained with it for such purpose and shall advise the Company by telephone by 5:00 P.M., New York City time, of each day on which a payment of the Warrant Price for Warrants is received of the amount so deposited in its account. The Warrant Agent shall promptly confirm such telephone advice in writing to the Company. (e) The Warrant Agent shall, from time to time, as promptly as practicable, advise the Company of (i) the number of Stock Warrants of each title exercised as provided herein, (ii) the instructions of each Holder of such Stock Warrants with respect to delivery of the [Preferred/Common/Depositary] Shares issued upon exercise of such Stock Warrants to which such Holder is entitled upon such exercise, and (iii) such other information as the Company shall reasonably require. Such notice may be given by telephone to be promptly confirmed in writing. (f) The Company will pay all documentary stamp taxes attributable to the initial issuance of Stock Warrants or to the issuance of [Preferred/Common/Depositary] Shares to the registered Holder of such Stock Warrants upon exercise thereof; provided, however, that the Holder, and not the Company, shall be required to pay any stamp or other tax or other governmental charge that may be imposed in connection with any transfer involved in the issuance of the [Preferred/Common/Depositary] Shares; and in the event that any such transfer is involved, the Company shall not be required to issue any [Preferred/Common/Depositary] Shares (and the Holder's purchase of the [Preferred/Common/Depositary] Shares issued upon the exercise of such Holder's Stock Warrant shall not be deemed to have been consummated) until such tax or other charge shall have been paid or it has been established to the Company's satisfaction that no such tax or other charge is due.