Common use of Exercise Prior to Expiration Clause in Contracts

Exercise Prior to Expiration. To the extent this Warrant is not, as of the Expiration Date, previously exercised as to all the Warrant Shares subject hereto, and if the fair market value per share of Class A Common Stock on the Expiration Date is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised, on a Net Issuance basis, pursuant to Section 3(a) (even if not surrendered) on such Expiration Date. For purposes of such automatic exercise, the fair market value per share of 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 Warrantholder of the number of Warrant Shares, if any, Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not, as of the Expiration Date, not previously exercised as to all of the Warrant Shares subject hereto, and if the fair market value per of one share of Class A Common the Applicable Stock on the Expiration Date is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised, on a Net Issuance basis, exercised pursuant to Section 3(a3(b) (even if not surrendered) on such Expiration Dateimmediately before its expiration, including but not limited to expiration pursuant to clause (b) of Section 2. For purposes of such automatic exercise, the fair market value per of one share of Class A Common the 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 Warrantholder the Holder of the number of Warrant Shares, if any, Warrantholder the Holder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not, as of the Expiration Date, not previously exercised as to all the Warrant Shares Common Stock subject hereto, and if the fair market value per of one share of Class A the Common Stock on the Expiration Date 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, on a Net Issuance basis, exercised pursuant to Section 3(a) (even if not surrendered) on such Expiration Dateimmediately before its expiration. For purposes of such automatic exercise, the fair market value per of one share of Class A 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 Warrant Sharesshares of Common Stock, 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 this Warrant is not, as of the Expiration Date, not previously exercised as to all the Warrant Shares Voting Common Stock subject hereto, and if the fair market value per of one share of Class A Common Stock on the Expiration Date Stock, calculated as set forth above, is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised, on a exercised by Net Issuance basis, pursuant to Section 3(a) above (even if not surrendered) on such Expiration Dateimmediately before its expiration. For purposes of such automatic exercise, the fair market value per of one share of Class A 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 Warrant Shares, if any, shares of Voting Common Stock the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not, as of the Expiration Date, previously exercised as to all the Warrant Shares subject hereto, and if the fair market value per share of 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, on a Net Issuance basis, pursuant to Section 3(a) (even if not surrendered) on such Expiration Date. For purposes of such automatic exercise, the fair market value per share of 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 Warrantholder of the number of Warrant Shares, if any, 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 this Warrant is not, as of the Expiration Date, not previously exercised as to all the Warrant Shares Nonvoting Common Stock subject hereto, and if the fair market value per of one share of Class A Common Stock on the Expiration Date Stock, calculated as set forth above, is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised, on a exercised by Net Issuance basis, pursuant to Section 3(a) above (even if not surrendered) on such Expiration Dateimmediately before its expiration. For purposes of such automatic exercise, the fair market value per of one share of Class A 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 Warrant Shares, if any, shares of Nonvoting Common 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, as of the Expiration Date, previously exercised as to all the Warrant Shares Common Stock subject hereto, and if the fair market value per of one (1) share of Class A the Common Stock on the Expiration Date is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised, on a Net Issuance basis, exercised pursuant to Section 3(a) (even if not surrendered) immediately before the expiration of the Warrant Term on such Expiration Datea Net Issuance basis. For purposes of such automatic exercise, the fair market value per of one (1) share of Class A 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 Warrant Sharesshares of Common Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant Agreement is not, as of the Expiration Date, not previously exercised as to all the Warrant Shares Series A-2 Preferred Stock subject hereto, and if the fair market value per of one share of Class A Common Series A-2 Preferred Stock on the Expiration Date is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised, exercised on a Net Issuance basis, basis pursuant to Section 3(a) (even if not surrendered) on such Expiration Dateimmediately before its expiration pursuant to Section 2 above. For purposes of such automatic exercise, the fair market value per of one share of Class A Common the Series A-2 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 Warrant Sharesshares of Series A-2 Preferred Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not, as of the Expiration Date, not previously exercised as to all the Warrant Shares shares subject hereto, and if the then-current fair market value per of one share of Class A Common Stock on the Expiration Date is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised, exercised on a Net Issuance basis, basis pursuant to Section 3(a) (even if not surrendered) on such Expiration Dateas of immediately before its expiration determined in accordance with Section 2. For purposes of such automatic exercise, the fair market value per of one share of Class A 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 Warrant Shares, shares of Common Stock if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue such shares to Warrantholder.