Common use of Exercise Payment Clause in Contracts

Exercise Payment. The rights represented by this Warrant may be exercised by Holder, in whole or in part, by the surrender of this Warrant at the xxxxxxpal office of Company properly endorsed and accompanied by payment to Company of the Exercise Price for that number of shares of Common Stock sought to be purchased (the "Exercised Shares"), in the manner provided below. Company agrees that (a) shares purchased upon exercise of this Warrant shall be and are deemed to be issued to Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for the shares of stock so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Price for any Exercised shares in one or a combination by delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Price of the Exercised Shares. In the event there is a trading market for the Company's common shares, Holder may, at its option, pay the Exercise Price with registered or unregistered shares of the Company's common stock, which shall be valued in each instance at the average of the closing price for said shares as traded on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding the date of exercise.

Exercise Payment. The rights represented by Subject to compliance with the terms and conditions of this Warrant and applicable securities laws, this Warrant may be exercised by Holderexercised, in whole or in partpart at any time or from time to time, on or before the Expiration Date by the surrender delivery (including, without limitation, delivery by facsimile) of the form of Notice of Exercise attached hereto as Exhibit 1 (the “Notice of Exercise”), duly executed by the Holder, at the address of the Company as set forth herein, and as soon as practicable after such date, (a) surrendering this Warrant at the xxxxxxpal office of Company properly endorsed and accompanied by payment to Company address of the Exercise Price for that Company, and either (b) providing payment, by check or by wire transfer, of an amount equal to the product obtained by multiplying the number of shares of Common Stock sought to be being purchased upon such exercise by the then effective Purchase Price (the "Exercised “Exercise Amount”), (c) if, by the Effectiveness Date (which shall have the meaning as set forth in the Registration Rights Agreement), or at any time following the Effectiveness Date while the Company is required to maintain an effective registration statement as required pursuant to the terms of a Registration Rights Agreement dated as of the date hereof among the Company, the Holder and certain other parties (the “Registration Rights Agreement”) the Warrant Shares have not been registered or are not subject to an effective registration statement as required pursuant to the terms of a Registration Rights Agreement, the Holder may elect, by written notice to the Company on the Notice of Exercise duly executed by the Holder, to receive a number of Warrant Shares", determined in accordance with the formula set forth below (the “Election”), in which event the manner provided below. Company agrees that (a) shares purchased upon exercise shall issue to the Holder a number of this Warrant shall be and are deemed Shares computed using the following formula: Where X = The number of Warrant Shares to be issued to the Holder upon an Election. Y = The number of Warrant Shares in respect of which this Warrant is being exercised as adjusted to the record owner of such shares as date of the close Election. A = The FMV of business one Warrant Share on the date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for that the shares relevant Notice of stock so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Price for any Exercised shares in one or a combination is received by delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Price of the Exercised Shares. In the event there is a trading market for the Company's common shares, Holder may, at its option, pay the Exercise . B = The Purchase Price with registered or unregistered shares of the Company's common stock, which shall be valued in each instance at the average of the closing price for said shares (as traded on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding adjusted to the date of exercise.the Election) in accordance with Section 4 hereof

Exercise Payment. The rights represented by this Warrant may be ----------------- exercised by Holder, in whole or in part, by the surrender of this Warrant at the xxxxxxpal principal office of Company properly endorsed and accompanied by payment to Company of the Exercise Price for that number of shares of Common Stock sought to be purchased (the "Exercised Shares"), in the manner provided below. Company ---------------- agrees that (a) shares purchased upon exercise of this Warrant shall be and are deemed to be issued to Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for the shares of stock so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Price for any Exercised shares in one or a combination by of the following methods: (a) By delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Price of the Exercised Shares. In ; or (b) By surrendering to the event there is Company shares of Common Stock having a trading market for Fair Market Value (as measured on the Company's common shares, Holder may, at its option, pay date of exercise of the Exercised Shares) equal to the Exercise Price with registered or unregistered shares of the Company's common stock, which shall be valued in each instance at the average of the closing price for said shares as traded on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding the date of exerciseExercised Shares.

Exercise Payment. The rights represented by this Warrant may be exercised by Holder, in whole or in part, by the surrender of this Warrant at the xxxxxxpal xxxxxipal office of Company properly endorsed and accompanied by payment to Company of the Exercise Price for that number of shares of Common Stock sought to be purchased (the "Exercised Shares"), in the manner provided below. Company agrees that (a) shares purchased upon exercise of this Warrant shall be and are deemed to be issued to Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for the shares of stock so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Price for any Exercised shares in one or a combination by delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Price of the Exercised Shares. In the event there is a trading market for the Company's common shares, Holder may, at its option, pay the Exercise Price with registered or unregistered shares of the Company's common stock, which shall be valued in each instance at the average of the closing price for said shares as traded on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding the date of exercise.

Exercise Payment. The rights represented by this Warrant may be exercised by Holder, in whole or in partpart (but not as to a fractional share of Class A Stock), by the surrender of this Warrant at the xxxxxxpal principal office of Company properly endorsed and accompanied by payment to Company of the Exercise Price purchase price (the "Warrant Purchase Price") for that number of shares of Common Class A Stock sought to be purchased (the "Exercised Shares"), in the manner provided below. Company agrees that (a) shares purchased upon exercise of this Warrant shall be and are deemed to be issued to Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for the shares of stock stocks so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Warrant Purchase Price for any Exercised shares Shares in one or a combination by of the following methods: (a) By delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Warrant Purchase Price of the Exercised Shares; or (b) By surrendering to the Company shares of Class A Stock having a Fair Market Value (as measured on the date of exercise of the Exercised Shares) equal to the Warrant Purchase Price of the Exercised Shares; or (c) By instructing the Company to reduce the number of Warrant Shares eligible to be purchased pursuant to this Warrant by that number (rounded up, if a fractional number, to the nearest whole number) of shares (herein referred to as the "Canceled Warrant Shares") having a Net Value (as defined below) equal to the Warrant Purchase Price of the Exercised Shares. In For purposes hereof, the event there is a trading market for term "Net Value" shall mean the Company's common shares, Holder may, at its option, pay the Exercise Price with registered or unregistered shares excess of the Company's common stock, which shall be valued in each instance at the average of the closing price for said shares Fair Market Value (as traded measured on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding the date of exercise.exercise of the Exercised Shares) over

Exercise Payment. The rights represented by this Warrant may be exercised by Holder, in whole or in part, by the surrender of this Warrant at the xxxxxxpal xxxxxipal office of Company properly endorsed and accompanied by payment to Company of the Exercise Price for that number of shares of Common Stock sought to be purchased (the "Exercised Shares"), in the manner provided below; this Warrant need not be surrendered in the event of a partial exercise unless the Holder is furnished with a Warrant for the remaining shares under the same terms and provisions as herein set forth. Company agrees that (a) shares purchased upon exercise of this Warrant shall be and are deemed to be issued to Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for the shares of stock so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Price for any Exercised shares in one or a combination by delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Price of the Exercised Shares. In the event there is a trading market for the Company's common shares, Holder may, at its option, pay the Exercise Price with registered or unregistered shares of the Company's common stock, which shall be valued in each instance at the average of the closing price for said shares as traded on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding the date of exercise.

Exercise Payment. The rights represented by this Warrant may ------------------ be exercised by Holder, in whole or in part, at any time following the date hereof by the surrender of this Warrant at the xxxxxxpal principal office of Company properly endorsed and accompanied by payment to Company of the Exercise Price for that number of shares of Common Stock sought to be purchased (the "Exercised Shares"), in the manner provided below. Company agrees that (a) shares purchased upon exercise of this Warrant shall be and are deemed to be issued to Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for the shares of stock so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Price for any Exercised shares in one or a combination Shares by delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Price of the Exercised Shares. In the event there is a trading market for the Company's common shares, Holder may, at its option, pay the Exercise Price with registered or unregistered shares of the Company's common stock, which shall be valued in each instance at the average of the closing price for said shares as traded on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding the date of exercise.

Exercise Payment. The rights represented by this Warrant may be exercised by HolderXxxxxx, in whole or in part, by the surrender of this Warrant at the xxxxxxpal principal office of Company properly endorsed and accompanied by payment to Company of the Exercise Price for that number of shares of Common Stock sought to be purchased (the "Exercised Shares"), in the manner provided below. Company agrees that (a) shares purchased upon exercise of this Warrant shall be and are deemed to be issued to Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for the shares of stock so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Price for any Exercised shares in one or a combination by delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Price of the Exercised Shares. In the event there is a trading market for the Company's ’s common shares, Holder may, at its option, pay the Exercise Price with registered or unregistered shares of the Company's ’s common stock, which shall be valued in each instance at the average of the closing price for said shares as traded on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding the date of exercise.

Exercise Payment. The rights represented by Subject to compliance with the terms and conditions of this Warrant and applicable securities laws, this Warrant may be exercised by Holderexercised, in whole or in partpart (except that it may not be exercised in part in connection with an exercise by NURO that is required under the terms of the Investment Agreement) at any time or from time to time, on or before the Expiration Date by (i) the delivery (including, without limitation, delivery by facsimile) of the form of Notice of Exercise attached hereto as Exhibit 1 (the "Notice of Exercise"), duly executed by the surrender Holder, at the address of the Company as set forth herein, and (ii) surrendering this Warrant at the xxxxxxpal office of Company properly endorsed and accompanied by payment to Company address of the Exercise Price for that Company and providing payment, by check or by wire transfer, of an amount equal to the product obtained by multiplying the number of shares of Common Stock sought to be being purchased upon such exercise by the then effective Purchase Price (the "Exercised SharesExercise Amount"); provided, in the manner provided below. Company agrees that (a) shares purchased upon however, with respect to any voluntary or mandatory exercise of this Warrant after December 31, 2008, the Holder may elect, by written notice to the Company on the Notice of Exercise duly executed by the Holder, to receive a number of Warrant Shares, determined in accordance with the formula set forth below (the “Election”), in which event the Company shall be and are deemed issue to the Holder a number of Warrant Shares computed using the following formula: Where X = The number of Warrant Shares to be issued to the Holder upon an Election. Y = The number of Warrant Shares in respect of which this Warrant is being exercised as adjusted to the record owner of such shares as date of the close Election. A = The FMV of business one Warrant Share on the date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for that the shares relevant Notice of stock so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Price for any Exercised shares in one or a combination is received by delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Price of the Exercised Shares. In the event there is a trading market for the Company's common shares, Holder may, at its option, pay the Exercise . B = The Purchase Price with registered or unregistered shares of the Company's common stock, which shall be valued in each instance at the average of the closing price for said shares (as traded on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding adjusted to the date of exercisethe Election) in accordance with Section 4 hereof.

Exercise Payment. The rights represented by this Warrant may be exercised by Holder, in whole or in part, by the surrender of this Warrant at the xxxxxxpal txx xxxncipal office of Company properly endorsed and accompanied by payment to Company of the Exercise Price for that number of shares of Common Stock sought to be purchased (the "Exercised Shares"), in the manner provided below. Company agrees that (a) shares purchased upon exercise of this Warrant shall be and are deemed to be issued to Holder as the record owner of such shares as of the close of business on the xx xxe date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for the shares of stock so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Price for any Exercised shares in one or a combination by delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Price of the Exercised Shares. In the event there is a trading market for the Company's common shares, Holder may, at its option, pay the Exercise Price with registered or unregistered shares of the Company's common stock, which shall be valued in each instance at the average of the closing price for said shares as traded on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding the date of exercise.

Exercise Payment. The rights represented by this Warrant may be exercised by Holder, in whole or in part, by the surrender of this Warrant at the xxxxxxpal principal office of Company properly endorsed and accompanied by payment to Company of the Exercise Price for that number of shares of Common Stock sought to be purchased (the "Exercised Shares"), in the manner provided below. The Company agrees that (a) shares purchased upon exercise of this Warrant shall be and are deemed to be issued to Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares as provided herein, and (b) certificates for the shares of stock so purchased shall be delivered to Holder as promptly as reasonably practicable following any exercise of this Warrant, and unless this Warrant shall have been exercised in full, or shall have expired, a new Warrant representing the number of shares with respect to which this Warrant shall not yet have been exercised, shall also be delivered to Holder. Holder may pay the Exercise Price for any Exercised shares in one or a combination by delivering cash, check, money order or wire transfer of funds to the Company in the amount of the Exercise Price of the Exercised Shares. In the event there is a trading market for the Company's common shares, Holder may, at its option, pay the Exercise Price with registered or unregistered shares of the Company's common stock, which shall be valued in each instance at the average of the closing price for said shares as traded on a recognized public trading market or quoted on a recognized quotation system for the last 20 days immediately preceding the date of exercise.