Common use of Exercise Prior to Expiration Clause in Contracts

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant to all Common Stock subject hereto, and if the fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant Term. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not, as of the Expiration Date, previously exercised as to all Common Stock the Warrant Shares subject hereto, and if the fair market value of one per share of the Class A Common Stock on the Expiration Date is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised exercised, on a Net Issuance basis, pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant Termon such Expiration Date. For purposes of such automatic exercise, the fair market value of one per share of the Class A Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common StockWarrant Shares, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock of the Shares subject hereto, and if the fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a3(b) (even if not surrendered) immediately before the its expiration, including but not limited to expiration of the Warrant Termpursuant to Section 2. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a3(b)(iii). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b3(c), the Company agrees to promptly notify the Warrantholder Holder of the number of shares of Common StockShares, if any, the Warrantholder Holder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock of the Shares subject hereto, and if the fair market value of one share of the Common Applicable Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a3(b) (even if not surrendered) immediately before the its expiration, including but not limited to expiration pursuant to clause (b) of the Warrant TermSection 2. For purposes of such automatic exercise, the fair market value of one share of the Common Applicable Stock upon such expiration shall be determined pursuant to Section 3(a3(b)(iii). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b3(c), the Company agrees to promptly notify the Warrantholder Holder of the number of shares of Common StockShares, if any, the Warrantholder Holder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common shares of Capital Stock subject hereto, and if the fair market value of one share of the Common Capital Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised by a Net Issuance pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant Termits expiration. For purposes of such automatic exercise, the fair market value of one share of the Common Capital Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Capital Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock of the Shares subject hereto, and if the fair market value of one share of the Common Applicable Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a3(b) (even if not surrendered) immediately before the its expiration, including but not limited to expiration pursuant to clause (b) of the Warrant TermSection 2. For purposes of such automatic exercise, the fair market value of one share of the Common Applicable Stock upon such expiration shall shell be determined pursuant to Section 3(a3(b)(iii). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b3(c), the Company agrees to promptly notify the Warrantholder Holder of the number of shares of Common StockShares, if any, the Warrantholder Holder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant Agreement to all Common Stock subject hereto, and if the fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant Term. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant Agreement or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock subject hereto, and if the fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant shall (unless otherwise affirmatively elected in writing by the Warrantholder) be deemed automatically exercised pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant Termits expiration. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock shares subject hereto, and if the fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) as of immediately before the expiration of the Warrant Termits expiration. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof hereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, Stock if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock Shares subject hereto, and if the fair market value of one share of the Common Stock Share is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a2(b) (even if not surrendered) immediately before its expiration and the expiration of Holder shall be deemed to have provided, in connection with such exercise, an undertaking to pay the Warrant TermNominal Value Payment Amount to the Company in cash on demand. For purposes of such automatic exercise, the fair market value of one share of the Common Stock Share upon such expiration shall be determined pursuant to Section 3(a2(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b2(c), the Company agrees to promptly notify the Warrantholder Holder of the number of shares of Common StockShares, if any, the Warrantholder Holder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock Shares subject hereto, and if the fair market value of one share of the Common Stock Share is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a2(b) (even if not surrendered) immediately before its expiration and the expiration of Holder shall be deemed to have provided, in connection with such exercise, an undertaking to pay the Warrant TermNominal Value Payment Amount to the Company in cash on demand. For purposes of such automatic exercise, the fair market value of one share of the Common Stock Share upon such expiration shall be determined pursuant to Section 3(a2(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b2(c), the Company agrees to promptly notify the Warrantholder Holder of the number of shares of Common StockShares, if any, the Warrantholder Holder is to receive by reason of such automatic exercise.. ​

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common shares of Preferred Stock subject hereto, and if the fair market value of one share of the Common Preferred Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant Termits expiration. For purposes of such automatic exercise, the fair market value of one share of the Common Preferred Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Preferred Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has this Agreement is not previously exercised its purchase rights under this Warrant as to all Common Preferred Stock subject hereto, and if the fair market value of one share of the Common Preferred Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised pursuant to clause (ii) of Section 3(a) (even if not surrendered) immediately before the its expiration of the Warrant Termin accordance with Section 2. For purposes of such automatic exercise, the fair market value of one share of the Common Preferred Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant Agreement or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Preferred Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not, as of the Expiration Date, previously exercised as to all Common Stock the Warrant Shares subject hereto, and if the fair market value of one per share of the Class A Common Stock on the Expiration Date is greater than the applicable Exercise Price then in effect, this Warrant shall be deemed automatically exercised exercised, on a Net Issuance basis, pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant Termon such Expiration Date. For purposes of such automatic exercise, the fair market value of one per share of the Class A Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common StockWarrant Shares, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To Notwithstanding any other provision of this Warrant Agreement and to the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Voting Common Stock subject hereto, and if the fair market value of one share of the Common Stock Stock, calculated as set forth above, is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised by Net Issuance pursuant to Section 3(a) above (even if not surrendered) immediately before the expiration of the Warrant Termits expiration. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a)) above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Voting Common Stock, if any, Stock the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock shares subject hereto, and if the then-current fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) as of immediately before the its expiration of the Warrant Termdetermined in accordance with Section 2. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof hereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, Stock if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.

Exercise Prior to Expiration. To Notwithstanding any other provision of this Warrant Agreement and to the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Nonvoting Common Stock subject hereto, and if the fair market value of one share of the Common Stock Stock, calculated as set forth above, is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised by Net Issuance pursuant to Section 3(a) above (even if not surrendered) immediately before the expiration of the Warrant Termits expiration. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a)) above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Nonvoting Common Stock, if any, Stock the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant to all Common Stock subject hereto, and if the fair market value of one (1) share of the Common Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant TermTerm on a Net Issuance basis. For purposes of such automatic exercise, the fair market value of one (1) share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock shares subject hereto, and if the fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) as of immediately before the expiration of the Warrant Termits expiration. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof hereof is deemed automatically exercised pursuant to this Section 3(b3(d), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, Stock if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant to all Common Stock Ordinary Shares subject hereto, and if the fair market value of one share of the Common Stock Ordinary Share is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant Term. For purposes of such automatic exercise, the fair market value of one share of the Common Stock Ordinary Share upon such such Exhibit 4.1 expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common StockOrdinary Shares, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant Agreement is not previously exercised as to all Common Stock subject hereto, and if the fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) immediately before the its expiration of the Warrant Termpursuant to Section 2 above. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant Agreement or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock subject hereto, and if the fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a) (even if not surrendered) immediately before the its expiration of the Warrant Termor earlier termination. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration or earlier termination shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant Agreement to all Common Stock subject hereto, and if the fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant Term. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant Agreement or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, Stock if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all Common Stock shares subject hereto, and if the then-current fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) as of immediately before the its expiration of the Warrant Termdetermined in accordance with Section 2. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof hereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock, Stock if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue such shares to Warrantholder.