Common use of Manner of Exercise; Issuance of Common Stock Clause in Contracts

Manner of Exercise; Issuance of Common Stock. To exercise this Warrant, the Warrant Holder shall deliver to the Company (a) a Notice of Exercise (substantially in the form of Exhibit 2.2 attached hereto) duly executed by the Warrant Holder (or its attorney) specifying the number of Warrant Shares to be purchased, (b) an amount equal to the aggregate Exercise Price then in effect for all Warrant Shares as to which this Warrant is then being exercised by payment of cash, pursuant to Section 2.6 or pursuant to Section 2.7 and (c) this Warrant. If payment is to be made by cash, then, at the option of the Company, payment of the Exercise Price shall be made by wire transfer of funds to an account in a bank located in the United States designated by the Company for such purpose or by check payable to the order of the Company. Upon receipt of the items referred to in this Section 2.2, the Company shall, as promptly as practicable, and in any event within three (3) trading days thereafter, cause to be issued and delivered to the Warrant Holder (or its nominee), or the transferee designated in the Notice of Exercise, a certificate or certificates representing the number of Warrant Shares specified in the Notice of Exercise (but not exceeding the maximum number of shares then issuable upon exercise of this Warrant). Such certificates shall be registered in the name of the Warrant Holder (or its nominee) or in the name of such transferee, as the case may be. If this Warrant is exercised in part, then the Company shall, at the time of delivery of such certificate or certificates, issue and deliver to the Warrant Holder or the transferee so designated in the Notice of Exercise a new Warrant evidencing the right of the Warrant Holder or such transferee to purchase at the Exercise Price then in effect the aggregate number of Warrant Shares for which this Warrant shall not have been exercised, and this Warrant shall be canceled.

Manner of Exercise; Issuance of Common Stock. To exercise this Warrant, the Warrant Holder holder hereof shall deliver to the Company (a) a Notice of Exercise (substantially in the form of Exhibit 2.2 attached hereto) duly executed by the Warrant Holder (or its attorney) such holder specifying the number of Warrant Shares shares of Common Stock to be purchased, (b) an amount equal to the aggregate Exercise Price then in effect for all Warrant Shares as shares of Common Stock to which be purchased pursuant to this Warrant is then being exercised by payment of cash, pursuant to Section 2.6 or pursuant to Section 2.7 and (c) this Warrant. If payment is to be made by cash, then, at At the option of the Companysuch holder, payment of the Exercise Price shall may be made by wire transfer (A) either of funds the Permitted Payment Methods, (B) deduction from the number of shares delivered upon exercise of the Warrant of a number of shares which has an aggregate Current Market Price on the date of exercise equal to an account in a bank located the aggregate Exercise Price for all shares to be purchased pursuant to this Warrant (or in the United States designated by event that the Current Market Price is not then ascertainable, then at such price per share as the Company for such purpose or by check payable and the holder hereof may mutually agree upon or, if the Company and the holder hereof are unable so to agree, then at the Fair Value determined according to the order procedures set forth within the definition of such term) or (C) by any combination of the Companyforegoing methods. Upon receipt of the items referred to in this Section 2.2required deliveries, the Company shall, as promptly as practicable, and practicable but in any event within three (3) trading days five Business Days thereafter, cause to be issued and delivered to the Warrant Holder holder hereof (or its nominee)) or, or subject to Article V, the transferee designated in the Notice of Exercise, a certificate or certificates representing shares of Common Stock equal to the aggregate number of Warrant Shares shares of Common Stock specified in the Notice of Exercise (but not exceeding the maximum number less any shares in payment of shares then issuable upon a cashless exercise of this Warrantpursuant to Section 2.2(B)). Such certificate or certificates shall be registered in the name of the Warrant Holder holder hereof (or its nominee) or in the name of such transferee, as the case may be. If this Warrant is exercised in part, then the Company shall, at the time of delivery of such certificate or certificates, unless the Exercise Period has then expired, issue and deliver to the Warrant Holder or holder hereof or, subject to Article V, the transferee so designated in the Notice of Exercise Exercise, a new Warrant evidencing the right of the Warrant Holder holder hereof or such transferee to purchase at the Exercise Price then in effect the aggregate number of Warrant Shares shares of Common Stock for which this Warrant shall not have been exercised, and this Warrant shall be canceled.

Manner of Exercise; Issuance of Common Stock. To exercise this Warrant, the Warrant Holder holder hereof shall deliver to the Company (a) a Notice of Exercise (substantially in the form of Exhibit 2.2 attached hereto) duly executed by the Warrant Holder (or its attorney) holder hereof specifying the number of Warrant Shares to be purchased, (b) payment of an amount equal to the aggregate Exercise Price then in effect for all such Warrant Shares as to Shares, which this Warrant is then being exercised by payment of cash, pursuant to Section 2.6 or pursuant to Section 2.7 and (c) this Warrant. If payment is to be made by cash, then, at the option of the Company, payment of the Exercise Price shall be made by wire transfer of funds to an account (i) in a bank located in the United States designated by the Company for such purpose cash or by certified or bank cashier's check payable to the order of the Company, or (ii) by delivery to the Company of that number of shares of Common Stock having a value computed based upon the Current Market Price equal to the then applicable Exercise Price multiplied by the number of Warrant Shares then being purchased, and (c) this Warrant. Upon receipt In the alternative, this Warrant may be exercised on a net basis, such that, without the exchange of the items referred to in this Section 2.2any funds, the holder of this Warrant receives that number of Warrant Shares subscribed to less that number of shares of Common Stock having an aggregate value computed based upon the Current Market Price at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid by such holder for the number of Warrant Shares subscribed to. The Company shall, as promptly as practicable, and in any event within three (3) trading five days thereafter, cause to be issued and delivered to the Warrant Holder holder hereof (or its nominee), ) or the transferee designated in the Notice of Exercise, (y) a certificate or certificates representing the number of Warrant Shares specified in the Notice of Exercise and (but not exceeding the maximum number of shares then issuable upon exercise of this Warrant). Such certificates shall be registered in the name of the Warrant Holder (or its nomineez) or in the name of such transferee, as the case may be. If if this Warrant is exercised in part, then the Company shall, at the time of delivery of such certificate or certificates, issue and deliver to the Warrant Holder or the transferee so designated in the Notice of Exercise a new Warrant evidencing the right of the Warrant Holder or such transferee holder to purchase at the Exercise Price then in effect the aggregate number of Warrant Shares for which this Warrant shall not have been exercised. The holder or transferee so designated in the Notice of Exercise shall be deemed to have become the holder of record of such Warrant Shares for all purposes as of the close of business on the date on which the Notice of Exercise, an amount equal to the aggregate Exercise Price, and this Warrant shall be canceledhave been received by the Company.

Manner of Exercise; Issuance of Common Stock. To exercise this a Warrant, the Warrant Holder shall deliver to the Company Company: (a) a Notice of Exercise (substantially in the form of Exhibit 2.2 attached heretoto the applicable Warrant Certificate) duly executed by the Warrant Holder thereof (or its attorney) attorney duly authorized in writing), specifying the number of Warrant Shares to be purchased, the denominations of the share certificate or certificates desired and the name or names in which such certificate or certificates are to be registered, (b) payment of an amount equal to the aggregate Exercise Price then in effect for all Warrant Shares as to which this the Warrant is then being exercised by (payment of cash, such amount shall not be required if the exercise of the Warrant is pursuant to Section 2.6 or pursuant to Section 2.7 2.4) and (c) this Warrantthe applicable Warrant Certificate. If payment is to be made by cash, then, at At the option of the CompanyHolder of such Warrant, payment of the Exercise Price shall be made by wire transfer of funds to an account in a bank located in the United States designated by the Company for such purpose purpose, by certified or by bank cashier’s check payable to the order of the Company, or by any combination of such methods. Upon In the event that at the time of exercise of a Warrant, the shares of Common Stock are certificated, then upon receipt of the items referred to in the first paragraph of this Section 2.22.3, subject to the last paragraph of this Section 2.3, the Company shall, as promptly as practicable, and in any event within three (3) trading business days thereafter, cause to be issued and delivered to the Warrant Holder (or its nominee), ) or the transferee designated in the Notice of Exercise, a certificate or certificates representing the number of Warrant Shares specified in the Notice of Exercise (but not exceeding the maximum number of shares then Warrant Shares issuable upon exercise of this the Warrant). Such certificates shall be registered in the name of the Warrant Holder (or its nominee) or in the name of such transferee, as the case may be. If this a Warrant is exercised in partwith respect to less than all of the Warrant Shares issuable upon exercise of the Warrant evidenced by a Warrant Certificate, then subject to the last paragraph of this Section 2.3, the Company shall, at the time of delivery of such certificate or certificates, shall issue and deliver to the Warrant Holder or the transferee so designated in the Notice of Exercise Exercise, a new Warrant Certificate evidencing the right of the Warrant Holder or such transferee to purchase at the Exercise Price then in effect the aggregate number of Warrant Shares for which this the Warrant evidenced by the original Warrant Certificate shall not have been exercised, exercised and this the original Warrant Certificate shall be canceledcancelled. The Company shall not be required to pay any stamp, transfer or other tax or other governmental charge required to be paid in connection with the issue of Warrant Shares or any transfer or exchange of any Warrant or portion thereof; and, in any event, the Company shall not be required to issue or deliver any Warrant Certificate or Warrant Shares until such tax or other charge shall have been paid or it has been established to the Company’s reasonable satisfaction that no such tax or other charge is due. The obligation of the Company to deliver Warrant Shares and/or, in the case of partial exercise or transfer or exchange of a Warrant, new Warrant Certificates for the unexercised portion of the Warrant or upon exchange or transfer shall be subject to the conditions that (a) no preliminary or permanent injunction or other order, decree or ruling issued by a court of competent jurisdiction or by a governmental, regulatory or administrative agency or commission, shall be in effect which would prohibit such sale and delivery, (b) any applicable waiting period under the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended, shall have expired and (c) in the case of any transfer of Warrant Shares or Warrants in connection with the exercise or otherwise, the Company shall have received each opinion of counsel or other document, if any, required by this Agreement.

Manner of Exercise; Issuance of Common Stock. To exercise this Warrant, the Warrant Holder holder hereof shall deliver to the Company (a) a Notice of Exercise (substantially in the form of Exhibit 2.2 attached hereto) duly executed by the Warrant Holder (or its attorney) holder hereof specifying the number of Warrant Shares shares of Common Stock to be purchased, (b) an amount equal to the aggregate Exercise Price then in effect for all Warrant Shares shares of Common Stock as to which this Warrant is then being exercised by payment of cash, pursuant to Section 2.6 or pursuant to Section 2.7 and (c) this Warrant or (ii) in connection with the exercise of this Warrant without the payment of the Exercise Price, deliver to the Company (a) a Notice of Exercise duly executed by the holder hereof specifying the number of shares of Common Stock for which this Warrant is being exercised and the number of shares of Common Stock deliverable by the Company upon such exercise, which shall equal the product of (x) the number of shares of Common Stock for which this Warrant is being exercised and (y) the Cashless Exercise Ratio and (b) this Warrant. If payment is to be made by cash, then, at At the option of the Companyholder hereof, payment of the Exercise Price shall be made by (a) wire transfer of funds to an account in a bank located in the United States designated by the Company for such purpose purpose, (b) certified or by official bank check payable to the order of the CompanyCompany and drawn on a member of the New York Clearing House, or (c) by any combination of such methods. Upon receipt of the items referred to in this Section 2.2required deliveries, the Company shall, as promptly as practicable, and in any event within three ten (310) trading business days thereafter, cause to be issued and delivered to the Warrant Holder holder hereof (or its nominee)) or, or subject to ARTICLE V, the transferee designated in the Notice of Exercise, a certificate or certificates representing shares of Common Stock equal in the aggregate to the number of Warrant Shares shares of Common Stock specified in the Notice of Exercise (but not exceeding the maximum number of shares then issuable upon exercise of this Warrant). Such certificates shall be registered in the name of the Warrant Holder holder hereof (or its nominee) or in the name of such transferee, as the case may be. If this Warrant is exercised in part, then the Company shall, at the time of delivery of such certificate or certificates, unless the Exercise Period has expired, issue and deliver to the Warrant Holder or holder hereof or, subject to ARTICLE V, the transferee so designated in the Notice of Exercise a new Warrant warrant evidencing the right of the Warrant Holder holder hereof or such transferee to purchase at the Exercise Price then in effect the aggregate number of Warrant Shares shares of Common Stock for which this Warrant shall not have been exercised, and this Warrant shall be canceled.

Manner of Exercise; Issuance of Common Stock. To exercise this Warrant, the Warrant Holder holder hereof shall deliver to the Company (a) a Notice of Exercise (substantially in the form of Exhibit 2.2 attached hereto) duly executed by the Warrant Holder (or its attorney) holder hereof specifying the number of Warrant Shares shares of Common Stock to be purchased, (b) an amount equal to the aggregate Exercise Price then in effect for all Warrant Shares shares of Common Stock as to which this Warrant is then being exercised by payment of cash, pursuant to Section 2.6 or pursuant to Section 2.7 and (c) this Warrant or (ii) in connection with the exercise of this Warrant without the payment of the Exercise Price, deliver to the Company (a) a Notice of Exercise duly executed by the holder hereof specifying the number of shares of Common Stock for which this Warrant is being exercised and the number of shares of Common Stock deliverable by the Company upon such exercise, which shall equal the product of (x) the number of shares of Common Stock for which this Warrant is being exercised and (y) the Cashless Exercise Ratio and (b) this Warrant. If payment is to be made by cash, then, at At the option of the Companyholder hereof, payment of the Exercise Price shall be made by (a) wire transfer of funds to an account in a bank located in the United States designated by the Company for such purpose purpose, (b) certified or by official bank check payable to the order of the CompanyCompany and drawn on a member of the New York Clearing House, or (c) by any combination of such methods. Upon receipt of the items referred to in this Section 2.2required deliveries, the Company shall, as promptly as practicable, and in any event within three (3) trading five days thereafter, cause to be issued and delivered to the Warrant Holder holder hereof (or its nominee), or the transferee designated in the Notice of Exercise, ) a certificate or certificates representing shares of Common Stock equal in the aggregate to the number of Warrant Shares shares of Common Stock specified in the Notice of Exercise (but not exceeding the maximum number of shares then issuable upon exercise of this Warrant). Such certificates shall be registered in the name of the Warrant Holder holder hereof (or its nominee) or in the name of such transferee, as the case may be). If this Warrant is exercised in part, then the Company shall, at the time of delivery of such certificate or certificates, unless the Exercise Period has expired, issue and deliver to the Warrant Holder or the transferee so designated in the Notice of Exercise holder hereof a new Warrant warrant evidencing the right of the Warrant Holder or such transferee holder hereof to purchase at the Exercise Price then in effect the aggregate number of Warrant Shares shares of Common Stock for which this Warrant shall not have been exercised, and this Warrant shall be canceled.