GRANT OF THE RIGHT TO PURCHASE COMMON STOCK. (a) For value received, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, up to the aggregate number of fully paid and non-assessable shares of Common Stock (as defined below) as determined pursuant to Section 1(b) below, at a purchase price per share equal to the Exercise Price (as defined below). The number and Exercise Price of such shares are subject to adjustment as provided in Section 8. As used herein, the following terms shall have the following meanings:
GRANT OF THE RIGHT TO PURCHASE COMMON STOCK. For value received, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, up to 1,000,000 fully paid and non-assessable shares of the Common Stock (as defined below). As used herein, the following terms shall have the following meanings:
GRANT OF THE RIGHT TO PURCHASE COMMON STOCK. For value received, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, an aggregate number of fully paid and non-assessable shares of Common Stock equal to the quotient derived by dividing (a) the Warrant Coverage (as defined below) by (b) the Exercise Price (as defined below). The Exercise Price of such shares are subject to adjustment as provided in Section 8. As used herein, the following terms shall have the following meanings:
GRANT OF THE RIGHT TO PURCHASE COMMON STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, to subscribe for and purchase, from the Company, up to 29,904 fully paid and non-assessable shares of the Common Stock (as defined below) at a purchase price of $4.18 per share (the "Exercise Price"). As used herein, the following terms shall have the following meanings:
GRANT OF THE RIGHT TO PURCHASE COMMON STOCK. For value received, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, 91,912 fully paid and non-assessable shares of the Common Stock (as defined below) at a purchase price of $8.16 per share (the “Exercise Price”). The number and Exercise Price of such shares are subject to adjustment as provided in Section 8. As used herein, the following terms shall have the following meanings:
GRANT OF THE RIGHT TO PURCHASE COMMON STOCK. For value received, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, One Hundred Thirty-Seven Thousand, Two Hundred Fifty-Four (137,254) fully paid and non-assessable shares of the Common Stock at the Exercise Price (as defined below). The Exercise Price of such shares is subject to adjustment as provided in Section 8. As used herein, the following terms shall have the following meanings:
GRANT OF THE RIGHT TO PURCHASE COMMON STOCK. The Company hereby grants to FHS the right, and FHS shall be entitled, subject to the terms and conditions hereinafter set forth, to purchase from the Company 200,000 shares of its common stock, par value $0.01 per share (the "Common Stock")(which number is referred to herein as the "Total Exercise Number") at a per share exercise price equal to $35.50 (the "Exercise Price"). The right to purchase such shares shall be evidenced by five (5) warrant certificates each in the form of Exhibit A hereto (collectively, the "Warrant Certificates" and each a "Warrant Certificate"). Subject to Section 3 hereof, each Warrant Certificate shall be delivered to the FHS following the Vesting Date (as defined below) thereof. The Total Exercise Number and Exercise Price of such shares are subject to adjustment as provided in Section 4 hereof.
GRANT OF THE RIGHT TO PURCHASE COMMON STOCK. For value received, the adequacy of which is hereby acknowledged, the Company hereby grants to Warrantholder, and Warrantholder is entitled to, upon the terms and subject to the conditions set forth in this Agreement, a warrant (the "Warrant") to subscribe for and purchase from the Company a number of shares of the Company's Common Stock (the "Shares") equal to Four Hundred Thousand (400,000) Shares of the Company's Common Stock at a purchase price of forty cents ($0.40) per Share (the "Exercise Price"). This Warrant is being issued pursuant to the Unsecured Subordinated Convertible Promissory Note between the Holder and the Company of even date herewith (the "Note"). The Company has agreed to grant certain registration rights with respect to the Shares pursuant to a Registration Rights Agreement of even date herewith (the "Registration Rights Agreement"). The Warrantholder's right to exercise this Warrant shall be subject to the purchase and sale of Shares upon exercise being in compliance with the Act and the Laws, but shall not be affected by the effectiveness or availability of a registration statement under the Act for the resale of the Shares. Any Shares issuable upon exercise of this Warrant while such a registration statement is not effective or is unavailable for the resale of the Shares shall bear the legend described in Section 8.8. Notwithstanding anything to the contrary in this Agreement, the rights under this Warrant are subject to the limitations stated in the Note.
GRANT OF THE RIGHT TO PURCHASE COMMON STOCK. For value received, the adequacy of which is hereby acknowledged, the Company hereby grants to Warrantholder, and Warrantholder is entitled to, upon the terms and subject to the conditions set forth in this Agreement, a warrant (the "Warrant") to subscribe for and purchase from the Company a number of shares of the Company's Common Stock (the "Shares") equal to One Million Five Hundred Thousand (1,500,000) Shares of the Company's Common Stock at a purchase price of thirty cents ($0.30) per Share (the "Exercise Price"). This Warrant is being issued pursuant to an amendment to the Unsecured Subordinated Promissory Note between the Holder and the Company dated as of even date herewith (as so amended, the "Note"). Notwithstanding anything to the contrary in this Agreement, the rights under this Warrant are subject to the limitations stated in the Note.
GRANT OF THE RIGHT TO PURCHASE COMMON STOCK. For value received, the adequacy of which is hereby acknowledged, the Company hereby grants to Warrantholder, and Warrantholder is entitled to, upon the terms and subject to the conditions set forth in this Agreement, a warrant (the "WARRANT") to subscribe for and purchase from the Company a number of shares (the "SHARES") of the Company's common stock, $0.001 par value (the "COMMON STOCK") equal to ____________________ (__________) Shares(1) of the Common Stock at a purchase price of One Dollar ($1.00) per Share (the "EXERCISE PRICE"). This Warrant is being issued pursuant to the Amended and Restated Securities Purchase Agreement dated October 31, 2003, among the Company, the Warrantholder and other Purchasers named therein (the "Purchase Agreement"). Notwithstanding anything to the contrary in this Agreement, the rights under this Warrant are subject to the limitations stated in the Purchase Agreement.
