Common use of Fractional Warrants and Fractional Shares Clause in Contracts

Fractional Warrants and Fractional Shares. If the number of shares of Common Stock purchasable upon the exercise of each Class D Warrant is adjusted pursuant to Section 9, the Company nevertheless shall not be required to issue fractions of shares, upon exercise of the Class D Warrants or otherwise, nor to distribute certificates that evidence fractional shares. With respect to any fraction of a share called for upon any exercise hereof, the Company shall pay to the Registered Holder an amount in cash equal to such fraction multiplied by the Market Price of one share of Common Stock as of the date of exercise.

Fractional Warrants and Fractional Shares. If the number of shares of Common Stock purchasable upon the exercise of each Class D C Warrant is adjusted pursuant to Section 9, the Company nevertheless shall not be required to issue fractions of shares, upon exercise of the Class D C Warrants or otherwise, nor to distribute certificates that evidence fractional shares. With respect to any fraction of a share called for upon any exercise hereof, the Company shall pay to the Registered Holder an amount in cash equal to such fraction multiplied by the Fair Market Price Value of one (1) share of Common Stock as of the date of exercise.