Common use of Issuance of Common Stock on Exercise Clause in Contracts

Issuance of Common Stock on Exercise. As soon as reasonably practicable after the exercise of the Warrant and the clearance of the funds in payment of the Warrant Price (if payment is pursuant to subsection 1(b)(i)(1)), the Company shall issue, or cause the transfer agent for the Common Stock to issue, to the Holder a book-entry position or certificate, as applicable, for the number of Warrant Shares to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it on the register of members of the Company, and if this Warrant shall not have been exercised in full, a new book-entry position or countersigned Warrant, as applicable, for the number of Warrant Shares as to which this Warrant shall not have been exercised. No Warrant shall be exercisable and the Company shall not be obligated to issue Warrant Shares upon exercise of this Warrant unless the Warrant Shares issuable upon this Warrant exercise have been registered, qualified or deemed to be exempt from registration or qualification under the securities laws of the state of residence of the Holder. The Holder of this Warrant may exercise this Warrant only for a whole number of Warrant Shares. If, by reason of any exercise of this Warrant on a “cashless basis,” the Holder would be entitled, upon the exercise of this Warrant, to receive a fractional interest in a Warrant Share, the Company shall round down to the nearest whole number, the number of Warrant Shares to be issued to the Holder.

Issuance of Common Stock on Exercise. As soon as reasonably practicable after the exercise of the any Warrant and the clearance of the funds in payment of the Warrant Price (if payment is on a “cash basis” pursuant to subsection 1(b)(i)(13.3.1(a)), the Company shall issue, Warrant Agent is hereby authorized to (i) requisition from any transfer agent for the Common Stock (or cause make available if the Warrant Agent is also the transfer agent for the Common Stock to issueStock), and upon receipt, make delivery to the Registered Holder of such Warrant a book-entry position certificate or certificate, as applicable, certificates for the number of Warrant Shares full shares of Common Stock to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it on or (ii) credit the register of members account of the CompanyRegistered Holder’s broker with The Depository Trust Company through its Deposit or Withdrawal at Custodian system (“DWAC”) if the Company is then a participant in such system, and and, in either case, if this such Warrant shall not have been exercised in full, the Company shall issue and deliver to the Warrant Agent and the Warrant Agent, upon the written instructions of the Company shall, countersign a new book-entry position or countersigned Warrant, as applicable, Warrant for the number of Warrant Shares shares as to which this such Warrant shall not have been exercised. No Warrant shall be exercisable and the Company shall not be obligated The Company’s obligations to issue Warrant Shares upon exercise and deliver shares of this Warrant unless the Warrant Shares issuable upon this Warrant exercise have been registered, qualified or deemed to be exempt from registration or qualification under the securities laws of the state of residence of the Holder. The Holder of this Warrant may exercise this Warrant only for a whole number of Warrant Shares. If, by reason of any exercise of this Warrant on a “cashless basis,” the Holder would be entitled, Common Stock upon the exercise of this Warrantany Warrants in accordance with the terms hereof are absolute and unconditional. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder, to receive at law or in equity, including, without limitation, a fractional interest in a Warrant Share, the Company shall round down decree of specific performance and/or injunctive relief with respect to the nearest whole number, Company’s failure to timely deliver certificates representing shares of Common Stock or credit the number account of the Registered Holder’s broker upon exercise of any Warrant Shares to be issued as required pursuant to the Holderterms hereof.

Issuance of Common Stock on Exercise. As soon as reasonably practicable after the exercise of the any Warrant and the clearance of the funds in payment of the Warrant Price (if payment is pursuant to subsection 1(b)(i)(1))Exercise Price, the Company shall issue, or cause the transfer agent for the Common Stock to issue, issue to the Registered Holder of such Warrant a book-entry position certificate or certificate, as applicable, certificates for the number of Warrant Shares full shares of Common Stock to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it on the register of members of the Companyit, and if this such Warrant shall not have been exercised in full, a new book-entry position or countersigned Warrant, as applicable, Warrant for the number of Warrant Shares shares as to which this such Warrant shall not have been exercised. Notwithstanding the foregoing, the Company shall not be obligated to deliver any shares of Common Stock pursuant to the exercise of a Warrant and shall have no obligation to settle such Warrant exercise unless a registration statement under the Securities Act with respect to the Common Stock underlying the Warrants is then effective and a prospectus relating thereto is current, subject to the Company satisfying its obligations under Section 6.4. No Warrant shall be exercisable and the Company shall not be obligated to issue Warrant Shares shares of Common Stock upon exercise of this a Warrant unless the Warrant Shares shares of Common Stock issuable upon this such Warrant exercise have been registered, qualified or deemed to be exempt from registration or qualification under the securities laws of the state of residence of the Holder. The Registered Holder of this the Warrant. In the event that the conditions in the two immediately preceding sentences are not satisfied with respect to a Warrant, the holder of such Warrant shall not be entitled to exercise such Warrant and such Warrant may exercise this Warrant only for a whole number of Warrant Shareshave no value and expire worthless. If, by reason of any exercise of this Warrant on a “cashless basis,” the Holder would be entitled, upon the exercise of this Warrant, to receive a fractional interest in a Warrant Share, In no event shall the Company shall round down be required to the nearest whole number, the number of Warrant Shares to be issued to the Holdernet cash settle any Warrant.