Common use of Form of Warrant Certificate Clause in Contracts

Form of Warrant Certificate. Each Warrant Certificate, if any, shall be in substantially the form set forth in Exhibit A hereto and shall have such insertions as are appropriate or required by this Warrant Agreement and may have such letters, numbers or other marks of identification and such legends and endorsements, stamped, printed, lithographed or engraved thereon, as the Company may deem appropriate and as are not inconsistent with the provisions of this Warrant Agreement, such as may be required to comply with this Warrant Agreement, any law or any rule of any securities exchange on which Warrants may be listed, and such as may be necessary to conform to customary usage. The terms and provisions contained in any Warrant Certificate shall constitute, and are hereby expressly made, a part of this Warrant Agreement. The Company and the Warrant Agent, by their execution and delivery of this Warrant Agreement, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Warrant Certificate conflicts with the express provisions of this Warrant Agreement, the provisions of this Warrant Agreement shall govern and be controlling. Each Warrant Certificate shall represent such of the outstanding Warrants as shall be specified therein and shall provide that it shall represent the number of outstanding Warrants from time to time endorsed thereon and that the number of outstanding Warrants represented thereby may from time to time be modified, as appropriate, to reflect exchanges and exercises.

Form of Warrant Certificate. Each 3.1 The certificates evidencing the Warrants (the "Warrant CertificateCertificates"), if anyand the forms of election to purchase Warrant Shares and of assignment to be printed on the reverse thereof, shall be substantially in substantially the form set forth in Exhibit A hereto and shall have such insertions as are appropriate or required by this Warrant Agreement and may have such letters, numbers or other marks of identification or designation and such legends and endorsementslegends, stamped, summaries or endorsements printed, lithographed or engraved thereon, thereon as the Company may deem reasonably deems appropriate (but which do not affect the rights or duties of the Warrant Agent) and as are not inconsistent with the provisions of this Warrant Agreement, such or as may be required to comply with this Warrant Agreementany law, any law rule or regulation related thereto, or with any rule or regulation of the NASD, the Nasdaq National Market or any securities exchange on which the Warrants may be listed, and such as may be necessary to conform to customary usage. The terms and provisions contained in any Warrant Certificate shall constitute, and are hereby expressly made, a part of this Warrant Agreement. The Company and the Warrant Agent, by their execution and delivery of this Warrant Agreement, expressly agree to such terms and provisions and to be bound thereby. However, to the extent any provision of any Warrant Certificate conflicts with the express provisions of this Warrant Agreement, the provisions of this Warrant Agreement shall govern and be controlling. Each Warrant Certificate shall represent such of the outstanding Warrants as shall be specified therein and shall provide that it shall represent the number of outstanding Warrants from time to time endorsed thereon and that the number of outstanding Warrants represented thereby may from time to time be modifiedlisted. 3.2 Each Warrant shall entitle the Holder thereof to purchase the number of Warrant Shares set forth on the face of each Warrant Certificate upon the exercise thereof at the applicable Exercise Price, subject to adjustment as appropriateprovided in Section 12 hereof, to reflect exchanges and exercisesduring the Exercise Period; provided, however, that the Warrants are exercisable only for whole shares; cash will be paid in lieu of fractional shares in accordance with Section 5.5 hereof. Each Warrant Certificate shall be executed on behalf of the Company by the manual or facsimile signature of the present or any future Chairman of the Board, Chief Executive Officer, President or any officer of the Company, under its corporate seal, affixed or in facsimile, attested by the manual or facsimile signature of the present or any future Secretary or Assistant Secretary of the Company. Warrants shall be dated as of the date of their initial issue.