Common use of Exercise Prior to Expiration Clause in Contracts

Exercise Prior to Expiration. To the extent this Warrant has not been previously exercised as to any Warrant Shares issuable hereunder, and if the fair market value of one Warrant Share immediately before expiration of the Warrant is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to the Net Exercise provisions in Section 1(c) (even if not surrendered) immediately before its expiration; provided, however, that the Holder shall surrender the Warrant or an affidavit of loss and indemnity in customary form as soon as practicable thereafter. In such event, the fair market value of one Warrant Share shall be determined pursuant to Section 1(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 1(d), the Company agrees to promptly notify the Holder of the number of shares of Common Stock, if any, and any other property, which the Holder is entitled to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant has is not been previously exercised as to any all of the Warrant Shares issuable hereundersubject hereto, and if the fair market value of one Warrant Share immediately before expiration share of the Warrant Common Stock is greater than the Exercise Purchase Price then in effect, this Warrant shall be deemed automatically exercised pursuant to the Net Exercise provisions in Section 1(c1(b) above (even if not surrendered) immediately before its expiration; provided, however, however that the Warrant Shares shall not be delivered to the Registered Holder shall surrender unless the Warrant Registered Holder provides the certification or an affidavit opinion required by Section 1(a) hereof. For purposes of loss and indemnity in customary form as soon as practicable thereafter. In such eventautomatic exercise, the fair market value of one Warrant Share share of Common Stock upon such expiration shall be determined pursuant to Section 1(c1(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 1(d1(e), the Company agrees to promptly notify the Registered Holder of the number of shares of Common StockWarrant Shares, if any, and any other property, which the Registered Holder is entitled to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant has not been previously exercised as to any Warrant Shares issuable hereunder, and if the fair market value of one Warrant Share immediately before expiration of the Warrant is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to the Net Exercise provisions in Section 1(c) (even if not surrendered) immediately before its expiration; provided, however, that the Holder shall surrender the Warrant or an affidavit of loss and indemnity in customary form as soon as practicable thereafter. In such event, the fair market value of one Warrant Share shall be determined pursuant to Section 1(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 1(d), the Company agrees to promptly notify the Holder of the number of shares of Common Preferred Stock, if any, and any other property, which the Holder is entitled to receive by reason of such automatic exercise.