Common use of Fractional Shares and Warrants Clause in Contracts

Fractional Shares and Warrants. (1) Anything contained herein to the contrary notwithstanding, the Bank shall not be required to issue any fraction of a share of Common Stock in connection with the exercise of Warrants. Warrants may not be exercised in such number as would result (except for the provisions of this Section) in the issuance of a fraction of a share of Common Stock unless the Warrant Holder is presenting for exercise Warrant Certificates representing all Warrants then owned of record by such Warrant Holder. In such event, the Bank shall, upon the exercise of all of such Warrants, issue to such Warrant Holder the aggregate number of shares of Common Stock called for thereby, rounded to the nearest whole number of shares. (2) Anything herein to the contrary notwithstanding, the Bank shall not be required to issue fractions of Warrants on any distribution of Warrants to Warrant Holders or to distribute Warrant Certificates that evidence fractional Warrants.

Fractional Shares and Warrants. (1a) Anything contained herein to the contrary notwithstanding, the Bank shall not be required to issue any fraction of a share of Bank Common Stock in connection with the exercise of Warrants. Warrants may not be exercised in such number as would result (except for the provisions of this Section) in the issuance of a fraction of a share of Bank Common Stock unless the Warrant Holder is presenting for exercise Warrant Certificates representing all Warrants then owned of record by such Warrant Holder. In such event, the Bank shall, upon the exercise of all of such Warrants, issue to such Warrant Holder the aggregate number of shares of Bank Common Stock called for thereby, rounded to the nearest whole number of shares. (2b) Anything herein to the contrary notwithstanding, the Bank shall not be required to issue fractions of Warrants on any distribution of Warrants to Warrant Holders or to distribute Warrant Certificates that evidence fractional Warrants. In such event, the Bank shall issue to such Warrant Holders the aggregate number of Warrants to which such Warrant Holders are entitled, in each case rounded to the nearest whole Warrant.