Common use of Failure to Deliver Certificates for Warrant Shares upon Exercise Clause in Contracts

Failure to Deliver Certificates for Warrant Shares upon Exercise. If within ten (10) days after the Company’s receipt of the Exercise Agreement (including payment of the full amount of the Exercise Price for that portion of this Warrant exercised as specified in such Exercise Agreement whether in cash or by way of cashless exercise, if permitted by Section 1(b)), the Company fails to deliver a new Warrant to the Holder for the number of Warrant Shares, if any, to which such Holder remains entitled pursuant to Section 1 hereof, then, in addition to any other available remedies under this Warrant or otherwise available to such Holder, the Company shall pay as additional damages in cash to such Holder on each day after such tenth (10th) day that such delivery of such new Warrant is not timely effected in an amount equal to 0.25% of the product of (A) the number of Warrant Shares represented by the portion of this Warrant which is not being exercised and (B) the Market Price of the Common Stock for the trading day immediately preceding the last possible date which the Company could have issued such Warrant to the Holder without violating this Section 1(c).

Failure to Deliver Certificates for Warrant Shares upon Exercise. If within ten (10) days after the Company’s 's receipt of the Exercise Agreement (including payment of the full amount of the Exercise Price for that portion of this Warrant exercised as specified in such Exercise Agreement whether in cash or by way of cashless exercise, if permitted by Section 1(b)), the Company fails to deliver a new Warrant to the Holder for the number of Warrant Shares, if any, to which such Holder remains entitled pursuant to Section 1 hereof, then, in addition to any other available remedies under this Warrant or the Investor Rights Agreement, or otherwise available to such Holder, the Company shall pay as additional damages in cash to such Holder on each day after such tenth (10th) day that such delivery of such new Warrant is not timely effected in an amount equal to 0.25% of the product of (A) the number of Warrant Shares represented by the portion of this Warrant which is not being exercised and (B) the Market Price of the Common Stock for the trading day immediately preceding the last possible date which the Company could have issued such Warrant to the Holder without violating this Section 1(c1(d).

Failure to Deliver Certificates for Warrant Shares upon Exercise. If within ten (10) days after the Company’s receipt of the Exercise Agreement (including payment of the full amount of the Exercise Price for that portion of this Warrant exercised as specified in such Exercise Agreement whether in cash or by way of cashless exercise, if permitted by Section 1(b)), the Company fails to deliver a new Warrant to the Holder for the number of Warrant Shares, if any, to which such Holder remains entitled pursuant to Section 1 hereof, then, in addition to any other available remedies under this Warrant or the Investor Rights Agreement, or otherwise available to such Holder, the Company shall pay as additional damages in cash to such Holder on each day after such tenth (10th) day that such delivery of such new Warrant is not timely effected in an amount equal to 0.25% of the product of (A) the number of Warrant Shares represented by the portion of this Warrant which is not being exercised and (B) the Market Price of the Common Stock for the trading day immediately preceding the last possible date which the Company could have issued such Warrant to the Holder without violating this Section 1(c1(d).

Failure to Deliver Certificates for Warrant Shares upon Exercise. If within ten (10) days after the Company’s receipt of the Exercise Agreement (including payment of the full amount of the Exercise Price for that portion of this Warrant exercised as specified in such Exercise Agreement whether in cash or by way of cashless exercise, if permitted by Section 1(b)), the Company fails to deliver a new Warrant to the Holder for the number of Warrant Shares, if any, to which such Holder remains entitled pursuant to Section 1 hereof, then, in addition to any other available remedies under this Warrant Warrant, or otherwise available to such Holder, the Company shall pay as additional damages in cash to such Holder on each day after such tenth (10th) day that such delivery of such new Warrant is not timely effected in an amount equal to 0.25% of the product of (A) the number of Warrant Shares represented by the portion of this Warrant which is not being exercised and (B) the Market Price of the Common Stock for the trading day immediately preceding the last possible date which the Company could have issued such Warrant to the Holder without violating this Section 1(c1(d).