Common use of Limitation of Number of Exercisable Warrants Clause in Contracts

Limitation of Number of Exercisable Warrants. All exercises of Warrants (other than on the Expiration Date or the Delisting Date or upon cancellation of the Warrants as provided in Section 2.03(b)) shall be subject, at the Company's option, to the limitation that not more than 1,000,000 Warrants in total may be exercised on any Exercise Date and not more than 250,000 Warrants may be exercised by or on behalf of any person or entity, either individually or in concert with any other person or entity, on any Exercise Date. If any New York Business Day would otherwise, under the terms hereof, be the Exercise Date in respect of more than 1,000,000 Warrants, then upon the Company's exercising such option (by giving notice thereof to the Warrant Agent not later than 5:00 p.m., New York City time, on the New York Business Day immediately following such Exercise Date), 1,000,000 of such Warrants shall be deemed exercised on such Exercise Date (selected by the Warrant Agent on a pro rata basis, but if, as a result of such pro rata selection, any Registered Holders would be deemed to have exercised less than 500 Warrants, then the Warrant Agent shall first select additional Warrants of such Registered Holders so that no such Registered Holder shall be deemed to have exercised less than 500 Warrants), and the remainder of such Warrants (the "Remaining Warrants") shall be deemed exercised on the following New York Business Day (notwithstanding the minimum exercise requirement of Section 2.01 and subject to successive applications of this Section 2.04); provided, however, that any Remaining Warrant in respect of which an Exercise Notice was delivered on a given Notice Date shall be deemed exercised before any other Warrants in respect of which an Exercise Notice was delivered on a later Notice Date. If any individual Warrantholder attempts to exercise more than 250,000 Warrants on any New York Business Day, then at the Company's election (as notified to the Warrant Agent by giving notice thereof to the Warrant Agent not later than 5:00 p.m., New York City time, on the New York Business Day following such New York Business Day) 250,000 of such Warrants shall be deemed exercised on such New York Business Day and the remainder shall be deemed exercised on the following New York Business Day (subject to successive applications of this Section 2.04). The date on which any Warrant is deemed exercised under the preceding sentences shall for all purposes of this Agreement be the "Exercise Date" in respect of such Warrant.

Limitation of Number of Exercisable Warrants. All exercises of Warrants (other than on the Expiration Date automatic exercise or the Delisting Date or upon cancellation of the Warrants as provided in Section 2.03(b)following an Extension Event) shall be are subject, at the Company's option, to the limitation that not more than 1,000,000 750,000 Warrants in total may be exercised on any Exercise Date and not more than 250,000 Warrants may be exercised by or on behalf of any person or entitybeneficial owner, either individually or in concert with any other person or entitybeneficial owner, on any Exercise Date. If any New York Business Day would otherwise, under the terms hereof, be the Exercise Date in respect of more than 1,000,000 750,000 Warrants, then upon at the Company's exercising such option election (by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the New York Business Day immediately following such Exercise Date), 1,000,000 750,000 of such Warrants shall be deemed exercised on such Exercise Date (selected by the Warrant Agent on a pro rata basis, but if, as a result of such pro rata selection, any Registered Holders would be deemed to have exercised less than 500 Warrants, then the Warrant Agent shall first select an additional Warrants amount of such Registered Holders holders' Warrants so that no such Registered Holder holder shall be deemed to have exercised less than 500 Warrants), and the remainder of such Warrants (the "Remaining Warrants") shall be deemed exercised on the following New York Business Day (notwithstanding the minimum exercise requirement provisions of Section 2.01 2.01(b) and subject to successive applications of this Section 2.04); provided, however, provided that any Remaining Warrant in respect of Warrants for which an Exercise Notice was delivered on a given Notice Exercise Date shall be deemed exercised before any other Warrants in respect of which an Exercise Notice was delivered on a later Notice Exercise Date. If any individual Warrantholder beneficial owner of Warrants attempts to exercise more than 250,000 Warrants on any New York Business DayDay individually or in concert, then at the Company's election (as notified to the Warrant Agent by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the New York Business Day following such New York Business Day) 250,000 of such Warrants shall be deemed exercised on such New York Business Day and the remainder shall be deemed exercised on the following New York Business Day (notwithstanding the provisions of Section 2.01(b) and subject to successive applications of this Section 2.04). The date on which any Warrant is deemed exercised under the preceding two sentences shall for all purposes of this Agreement be the "Exercise Date" in respect of such WarrantWarrants.

Limitation of Number of Exercisable Warrants. All exercises of Warrants (other than on the Expiration Date automatic exercise or the Delisting Date or upon cancellation of the Warrants as provided in Section 2.03(b)following an Extension Event) shall be are subject, at the Company's option, to the limitation that not more than 1,000,000 750,000 Warrants in total may be exercised on any Exercise Date and not more than 250,000 Warrants may be exercised by or on behalf of any person or entitybeneficial owner, either individually or in concert with any other person or entitybeneficial owner, on any Exercise Date. If any New York Business Day would otherwise, under the terms hereof, be the Exercise Date in respect of more than 1,000,000 750,000 Warrants, then upon at the Company's exercising such option election (by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 A.M., New York City time, on the New York Business Day immediately following such Exercise Date), 1,000,000 750,000 of such Warrants shall be deemed exercised on such Exercise Date (selected by the Warrant Agent on a pro rata basis, but if, as a result of such pro rata selection, any Registered Holders would be deemed to have exercised less than 500 Warrants, then the Warrant Agent shall first select an additional Warrants amount of such Registered Holders holders' Warrants so that no such Registered Holder holder shall be deemed to have exercised less than 500 Warrants), and the remainder of such Warrants (the "Remaining Warrants") shall be deemed exercised on the following New York Business Day (notwithstanding the minimum exercise requirement provisions of Section 2.01 2.01(b) and subject to successive applications of this Section 2.04); provided, however, provided that any Remaining Warrant in respect of Warrants for which an Exercise Notice was delivered on a given Notice Exercise Date shall be deemed exercised before any other Warrants in respect of which an Exercise Notice was delivered on a later Notice Exercise Date. If any individual Warrantholder beneficial owner of Warrants attempts to exercise more than 250,000 Warrants on any New York Business Day, individually or in concert, then at the Company's election (as notified to the Warrant Agent by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 A.M., New York City time, on the New York Business Day following such New York Business Day) 250,000 of such Warrants shall be deemed exercised on such New York Business Day and the remainder shall be deemed exercised on the following New York Business Day (notwithstanding the provisions of Section 2.01(b) and subject to successive applications of this Section 2.04). The date on which any Warrant is deemed exercised under the preceding two sentences shall for all purposes of this Agreement be the "Exercise Date" in respect of such WarrantWarrants.

Limitation of Number of Exercisable Warrants. All exercises of Warrants (other than on the Expiration Date or the Delisting Date automatic exercise [or upon cancellation of the Warrants as provided in Section 2.03(b)cancellation]) shall be are subject, at the Company's option, to the limitation that not more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants in total may be exercised on any Exercise Date and not more than 250,000 [individual limit] Warrants may be exercised by or on behalf of any person or entitybeneficial owner, either individually or in concert with any other person or entitybeneficial owner, on any Exercise Date. If any New York Business Day would otherwise, under the terms hereof, be the Exercise Date in respect of more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants, then upon at the Company's exercising such option election (by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the New York Business Day immediately following such Exercise Date), 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] of such Warrants shall be deemed exercised on such Exercise Date (selected by the Warrant Agent on a pro rata basis, but if, as a result of such pro rata selection, any Registered Holders would be deemed to have exercised less than 500 [minimum exercise amount] Warrants, then the Warrant Agent shall first select additional Warrants amounts of such Registered Holders holders' Warrants so that no such Registered Holder holder shall be deemed to have exercised less than 500 [minimum exercise amount] Warrants), and the remainder of such Warrants (the "Remaining Warrants") shall be deemed exercised on the following New York Business Day (notwithstanding the minimum exercise requirement provisions of Section 2.01 and subject 2.1(b)); provided that in the event that the aggregate number of such Remaining Warrants, together with any additional Warrants with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds the [limit on aggregate number of Warrants to be exercised on any day] the provisions of this Section 2.04)2.4 shall apply to the exercise of such Remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.4 are no longer exceeded; providedprovided further that, however, that any such Remaining Warrant in respect of which an Exercise Notice was delivered on a given Notice Date Warrants shall be deemed exercised before any other Warrants in respect of which an Exercise Notice was delivered on a later Notice Datesuch additional Warrants. If any individual Warrantholder beneficial owner of Warrants attempts to exercise more than 250,000 [individual limit] Warrants on any New York Business Day, then at the Company's election (as notified to the Warrant Agent by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the next New York Business Day following such New York Business Day) 250,000 [individual limit] of such Warrants shall be deemed exercised on such New York Business Day and the remainder of such Warrants shall be deemed exercised on the following New York Business Day (subject notwithstanding the provisions of Section 2.1(b)); provided, that in the event that the aggregate number of such remaining Warrants, together with any additional Warrants of such beneficial owner with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds [individual limit]; at the Company's election (as notified in the manner described above) the provisions of this Section 2.04)2.4 shall apply to the exercise of such remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.4 are no longer exceeded; provided further, that, any such remaining Warrants shall be deemed exercised before any such additional Warrants of such beneficial owner. The date on which any Warrant is deemed exercised under the preceding sentences shall for all purposes of this Agreement be the "Exercise Date" in respect of such WarrantWarrants.

Limitation of Number of Exercisable Warrants. All exercises of Warrants (other than on the Expiration Date or the Delisting Date automatic exercise [or upon cancellation of the Warrants as provided in Section 2.03(b)cancellation]) shall be are subject, at the Company's option, to the limitation that not more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants in total may be exercised on any Exercise Date and not more than 250,000 [individual limit] Warrants may be exercised by or on behalf of any person or entitybeneficial owner, either individually or in concert with any other person or entitybeneficial owner, on any Exercise Date. If any New York Business Day would otherwise, under the terms hereof, be the Exercise Date in respect of more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants, then upon at the Company's exercising such option election (by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the New York Business Day immediately following such Exercise Date), 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] of such Warrants shall be deemed exercised on such Exercise Date (selected by the Warrant Agent on a pro rata basis, but if, as a result of such pro rata selection, any Registered Holders would be deemed to have exercised less than 500 [minimum exercise amount] Warrants, then the Warrant Agent shall first select additional Warrants amounts of such Registered Holders holders' Warrants so that no such Registered Holder holder shall be deemed to have exercised less than 500 [minimum exercise amount] Warrants), and the remainder of such Warrants (the "Remaining Warrants") shall be deemed exercised on the following New York Business Day (notwithstanding the minimum exercise requirement provisions of Section 2.01 and subject 2.1(b)); provided that in the event that the aggregate number of such Remaining Warrants, together with any additional Warrants with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds the [limit on aggregate number of Warrants to be exercised on any day] the provisions of this Section 2.04)2.4 shall apply to the exercise of such Remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.4 are no longer exceeded; providedprovided further that, however, that any such Remaining Warrant in respect of which an Exercise Notice was delivered on a given Notice Date Warrants shall be deemed exercised before any other Warrants in respect of which an Exercise Notice was delivered on a later Notice Datesuch additional Warrants. If any individual Warrantholder beneficial owner of Warrants attempts to exercise more than 250,000 [individual limit] Warrants on any New York Business Day, then at the Company's election (as notified to the Warrant Agent by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the next New York Business Day following such New York Business Day) 250,000 [individual limit] of such Warrants shall be deemed exercised on such New York Business Day and the remainder of such Warrants shall be deemed exercised on the following New York Business Day (subject notwithstanding the provisions of Section 2.1(b)); provided, that in the event that the aggregate number of such remaining Warrants, together with any additional Warrants of such beneficial owner with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds [individual limit], at the Company's election (as notified in the manner described above) the provisions of this Section 2.04)2.4 shall apply to the exercise of such remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.4 are no longer exceeded; provided further, that, any such remaining Warrants shall be deemed exercised before any such additional Warrants of such beneficial owner. The date on which any Warrant is deemed exercised under the preceding sentences shall for all purposes of this Agreement be the "Exercise Date" in respect of such WarrantWarrants.

Limitation of Number of Exercisable Warrants. All exercises of Warrants (other than on the Expiration Date or the Delisting Date automatic exercise [or upon cancellation of the Warrants as provided in Section 2.03(b)cancellation]) shall be are subject, at the Company's option, to the limitation that not more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants in total may be exercised on any Exercise Date and not more than 250,000 [individual limit] Warrants may be exercised by or on behalf of any person or entitybeneficial owner, either individually or in concert with any other person or entitybeneficial owner, on any Exercise Date. If any New York Business Day would otherwise, under the terms hereof, be the Exercise Date in respect of more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants, then upon at the Company's exercising such option election (by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the New York Business Day immediately following such Exercise Date), 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] of such Warrants shall be deemed exercised on such Exercise Date (selected by the Warrant Agent on a pro rata basis, but if, as a result of such pro rata selection, any Registered Holders would be deemed to have exercised less than 500 [minimum exercise amount] Warrants, then the Warrant Agent shall first select additional Warrants amounts of such Registered Holders holders' Warrants so that no such Registered Holder holder shall be deemed to have exercised less than 500 [minimum exercise amount] Warrants), and the remainder of such Warrants (the "Remaining Warrants") shall be deemed exercised on the following New York Business Day (notwithstanding the minimum exercise requirement provisions of Section 2.01 and subject 2.01(b)); provided that in the event that the aggregate number of such Remaining Warrants, together with any additional Warrants with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds the [limit on aggregate number of Warrants to be exercised on any day] the provisions of this Section 2.04)2.04 shall apply to the exercise of such Remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.04 are no longer exceeded; providedprovided further that, however, that any such Remaining Warrant in respect of which an Exercise Notice was delivered on a given Notice Date Warrants shall be deemed exercised before any other Warrants in respect of which an Exercise Notice was delivered on a later Notice Datesuch additional Warrants. If any individual Warrantholder beneficial owner of Warrants attempts to exercise more than 250,000 [individual limit] Warrants on any New York Business Day, then at the Company's election (as notified to the Warrant Agent by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the next New York Business Day following such New York Business Day) 250,000 [individual limit] of such Warrants shall be deemed exercised on such New York Business Day and the remainder of such Warrants shall be deemed exercised on the following New York Business Day (subject notwithstanding the provisions of Section 2.01(b)); provided, that in the event that the aggregate number of such remaining Warrants, together with any additional Warrants of such beneficial owner with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds [individual limit]; at the Company's election (as notified in the manner described above) the provisions of this Section 2.04)2.04 shall apply to the exercise of such remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.04 are no longer exceeded; provided further, that, any such remaining Warrants shall be deemed exercised before any such additional Warrants of such beneficial owner. The date on which any Warrant is deemed exercised under the preceding sentences shall for all purposes of this Agreement be the "Exercise Date" in respect of such WarrantWarrants.

Limitation of Number of Exercisable Warrants. All exercises of Warrants (other than on the Expiration Date or the Delisting Date automatic exercise or upon cancellation of the Warrants as provided in Section 2.03(b)cancellation) shall be are subject, at the Company's option, to the limitation that not more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants in total may be exercised on any Exercise Date and not more than 250,000 [individual limit] Warrants may be exercised by or on behalf of any person or entitybeneficial owner, either individually or in concert with any other person or entitybeneficial owner, on any Exercise Date. If any New York Business Day would otherwise, under the terms hereof, be the Exercise Date in respect of more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants, then upon at the Company's exercising such option election (by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the New York Business Day immediately following such Exercise Date), 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] of such Warrants shall be deemed exercised on such Exercise Date (selected by the Warrant Agent on a pro rata basis, but if, as a result of such pro rata selection, any Registered Holders would be deemed to have exercised less than 500 [minimum exercise amount] Warrants, then the Warrant Agent shall first select additional Warrants amounts of such Registered Holders holders' Warrants so that no such Registered Holder holder shall be deemed to have exercised less than 500 [minimum exercise amount] Warrants), and the remainder of such Warrants (the "Remaining Warrants") shall be deemed exercised on the following New York Business Day (notwithstanding the minimum exercise requirement provisions of Section 2.01 and subject 2.1(b)); provided that in the event that the aggregate number of such Remaining Warrants, together with any additional Warrants with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds the [limit on aggregate number of Warrants to be exercised on any day] the provisions of this Section 2.04)2.4 shall apply to the exercise of such Remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.4 are no longer exceeded; providedprovided further that, however, that any such Remaining Warrant in respect of which an Exercise Notice was delivered on a given Notice Date Warrants shall be deemed exercised before any other Warrants in respect of which an Exercise Notice was delivered on a later Notice Datesuch additional Warrants. If any individual Warrantholder beneficial owner of Warrants attempts to exercise more than 250,000 [individual limit] Warrants on any New York Business Day, then at the Company's election (as notified to the Warrant Agent by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the next New York Business Day following such New York Business Day) 250,000 [individual limit] of such Warrants shall be deemed exercised on such New York Business Day and the remainder of such Warrants shall be deemed exercised on the following New York Business Day (subject notwithstanding the provisions of Section 2.1(b)); provided, that in the event that the aggregate number of such remaining Warrants, together with any additional Warrants of such beneficial owner with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds [individual limit], at the Company's election (as notified in the manner described above), the provisions of this Section 2.04)2.4 shall apply to the exercise of such remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.4 are no longer exceeded; provided further, that, any such remaining Warrants shall be deemed exercised before any such additional Warrants of such beneficial owner. The date on which any Warrant is deemed exercised under the preceding sentences shall for all purposes of this Agreement be the "Exercise Date" in respect of such WarrantWarrants.

Limitation of Number of Exercisable Warrants. All exercises of Warrants (other than on the Expiration Date automatic exercise or the Delisting Date or upon cancellation of the Warrants as provided in Section 2.03(b)following an Extension Event) shall be are subject, at the Company's option, to the limitation that not more than 1,000,000 750,000 Warrants in total may be exercised on any Exercise Date and not more than 250,000 Warrants may be exercised by or on behalf of any person or entitybeneficial owner, either individually or in concert with any other person or entitybeneficial owner, on any Exercise Date. If any New York Business Day would otherwise, under the terms hereof, be the Exercise Date in respect of more than 1,000,000 750,000 Warrants, then upon at the Company's exercising such option election (by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the New York Business Day immediately following such Exercise Date), 1,000,000 750,000 of such Warrants shall be deemed exercised on such Exercise Date (selected by the Warrant Agent on a pro rata basis, but if, as a result of such pro rata selection, any Registered Holders would be deemed to have exercised less than 500 Warrants, then the Warrant Agent shall first select an additional Warrants amount of such Registered Holders holders' Warrants so that no such Registered Holder holder shall be deemed to have exercised less than 500 Warrants), and the remainder of such Warrants (the "Remaining Warrants") shall be deemed exercised on the following New York Business Day (notwithstanding the minimum exercise requirement provisions of Section 2.01 2.01(b) and subject to successive applications of this Section 2.04); provided, however, provided that any Remaining Warrant in respect of Warrants for which an Exercise Notice was delivered on a given Notice Exercise Date shall be deemed exercised before any other Warrants in respect of which an Exercise Notice was delivered on a later Notice Exercise Date. If any individual Warrantholder beneficial owner of Warrants attempts to exercise more than 250,000 Warrants on any New York Business DayDay individually or in concert, then at the Company's election (as notified to the Warrant Agent by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the New York Business Day following such New York Business Day) 250,000 of such Warrants shall be deemed exercised on such New York Business Day and the remainder shall be deemed exercised on the following New York Business Day (notwithstanding the provisions of Section 2.01(b) and subject to successive applications of this Section 2.04). The date on which any Warrant is deemed exercised under the preceding two sentences shall for all purposes of this Agreement be the "Exercise Date" in respect of such WarrantWarrants.

Limitation of Number of Exercisable Warrants. All exercises of Warrants (other than on the Expiration Date or the Delisting Date automatic exercise [or upon cancellation of the Warrants as provided in Section 2.03(b)cancellation]) shall be are subject, at the Company's option, to the limitation that not more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants in total may be exercised on any Exercise Date and not more than 250,000 [individual limit] Warrants may be exercised by or on behalf of any person or entitybeneficial owner, either individually or in concert with any other person or entitybeneficial owner, on any Exercise Date. If any New York Business Day would otherwise, under the terms hereof, be the Exercise Date in respect of more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants, then upon at the Company's exercising such option election (by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the New York Business Day immediately following such Exercise Date), 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] of such Warrants shall be deemed exercised on such Exercise Date (selected by the Warrant Agent on a pro rata basis, but if, as a result of such pro rata selection, any Registered Holders would be deemed to have exercised less than 500 [minimum exercise amount] Warrants, then the Warrant Agent shall first select additional Warrants amounts of such Registered Holders holders' Warrants so that no such Registered Holder holder shall be deemed to have exercised less than 500 [minimum exercise amount] Warrants), and the remainder of such Warrants (the "Remaining Warrants") shall be deemed exercised on the following New York Business Day (notwithstanding the minimum exercise requirement provisions of Section 2.01 and subject 2.01(b)); provided that in the event that the aggregate number of such Remaining Warrants, together with any additional Warrants with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds the [limit on aggregate number of Warrants to be exercised on any day] the provisions of this Section 2.04)2.04 shall apply to the exercise of such Remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.04 are no longer exceeded; providedprovided further that, however, that any such Remaining Warrant in respect of which an Exercise Notice was delivered on a given Notice Date Warrants shall be deemed exercised before any other Warrants in respect of which an Exercise Notice was delivered on a later Notice Datesuch additional Warrants. If any individual Warrantholder beneficial owner of Warrants attempts to exercise more than 250,000 [individual limit] Warrants on any New York Business Day, then at the Company's election (as notified to the Warrant Agent by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the next New York Business Day following such New York Business Day) 250,000 [individual limit] of such Warrants shall be deemed exercised on such New York Business Day and the remainder of such Warrants shall be deemed exercised on the following New York Business Day (subject notwithstanding the provisions of Section 2.01(b)); provided, that in the event that the aggregate number of such remaining Warrants, together with any additional Warrants of such beneficial owner with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds [individual limit], at the Company's election (as notified in the manner described above) the provisions of this Section 2.04)2.04 shall apply to the exercise of such remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.04 are no longer exceeded; provided further, that, any such remaining Warrants shall be deemed exercised before any such additional Warrants of such beneficial owner. The date on which any Warrant is deemed exercised under the preceding sentences shall for all purposes of this Agreement be the "Exercise Date" in respect of such WarrantWarrants.

Limitation of Number of Exercisable Warrants. All exercises of Warrants (other than on the Expiration Date or the Delisting Date automatic exercise or upon cancellation of the Warrants as provided in Section 2.03(b)cancellation) shall be are subject, at the Company's option, to the limitation that not more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants in total may be exercised on any Exercise Date and not more than 250,000 [individual limit] Warrants may be exercised by or on behalf of any person or entitybeneficial owner, either individually or in concert with any other person or entitybeneficial owner, on any Exercise Date. If any New York Business Day would otherwise, under the terms hereof, be the Exercise Date in respect of more than 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] Warrants, then upon at the Company's exercising such option election (by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the New York Business Day immediately following such Exercise Date), 1,000,000 [limit on aggregate number of Warrants to be exercised on any day] of such Warrants shall be deemed exercised on such Exercise Date (selected by the Warrant Agent on a pro rata basis, but if, as a result of such pro rata selection, any Registered Holders would be deemed to have exercised less than 500 [minimum exercise amount] Warrants, then the Warrant Agent shall first select additional Warrants amounts of such Registered Holders holders' Warrants so that no such Registered Holder holder shall be deemed to have exercised less than 500 [minimum exercise amount] Warrants), and the remainder of such Warrants (the "Remaining Warrants") shall be deemed exercised on the following New York Business Day (notwithstanding the minimum exercise requirement provisions of Section 2.01 and subject 2.01(b)); provided that in the event that the aggregate number of such Remaining Warrants, together with any additional Warrants with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds the [limit on aggregate number of Warrants to be exercised on any day] the provisions of this Section 2.04)2.04 shall apply to the exercise of such Remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.04 are no longer exceeded; providedprovided further that, however, that any such Remaining Warrant in respect of which an Exercise Notice was delivered on a given Notice Date Warrants shall be deemed exercised before any other Warrants in respect of which an Exercise Notice was delivered on a later Notice Datesuch additional Warrants. If any individual Warrantholder beneficial owner of Warrants attempts to exercise more than 250,000 [individual limit] Warrants on any New York Business Day, then at the Company's election (as notified to the Warrant Agent by giving notice thereof to the Warrant Agent not later than 5:00 p.m.11:00 a.m., New York City time, on the next New York Business Day following such New York Business Day) 250,000 [individual limit] of such Warrants shall be deemed exercised on such New York Business Day and the remainder of such Warrants shall be deemed exercised on the following New York Business Day (subject notwithstanding the provisions of Section 2.01(b)); provided, that in the event that the aggregate number of such remaining Warrants, together with any additional Warrants of such beneficial owner with respect to successive applications which the Exercise Date would be such following New York Business Day, exceeds [individual limit], at the Company's election (as notified in the manner described above), the provisions of this Section 2.04)2.04 shall apply to the exercise of such remaining Warrants and such additional Warrants on such following New York Business Day and successively until the limitations set forth in this Section 2.04 are no longer exceeded; provided further, that, any such remaining Warrants shall be deemed exercised before any such additional Warrants of such beneficial owner. The date on which any Warrant is deemed exercised under the preceding sentences shall for all purposes of this Agreement be the "Exercise Date" in respect of such WarrantWarrants.