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 holder hereof shall deliver to the Company (a) a Notice of Exercise duly executed by the holder hereof specifying the number of shares of Common Stock to be purchased, (b) an amount equal to the aggregate Exercise Price for all shares of Common Stock as to which this Warrant is then being exercised 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. At the option of the holder 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, (b) certified or official bank check payable to the order of the Company and drawn on a member of the New York Clearing House, or (c) by any combination of such methods. Upon receipt of the required deliveries, the Company shall, as promptly as practicable, and in any event within five days thereafter, cause to be issued and delivered to the holder hereof (or its nominee) a certificate or certificates representing shares of Common Stock equal in the aggregate to the number of shares of Common Stock specified in the Notice of Exercise (but not exceeding the maximum number of shares issuable upon exercise of this Warrant). Such certificates shall be registered in the name of the holder hereof (or its nominee). If this Warrant is exercised in part, the Company shall, at the time of delivery of such certificate or certificates, unless the Exercise Period has expired, issue and deliver to the holder hereof a new warrant evidencing the right of the holder hereof to purchase the aggregate number of 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 holder hereof shall deliver to the Company (a) a Notice of Exercise duly executed by the such holder hereof specifying the number of shares of Common Stock to be purchased, (b) an amount equal to the aggregate Exercise Price for all shares of Common Stock as to which be purchased pursuant to this Warrant is then being exercised 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. At the option of the holder hereofsuch holder, payment of the Exercise Price shall may be made by (aA) wire transfer 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 Company for Current Market Price is not then ascertainable, then at such purpose, (b) certified or official bank check payable to the order of price per share as the Company and drawn on a member 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 procedures set forth within the definition of the New York Clearing House, such term) or (cC) by any combination of such the foregoing methods. Upon receipt of the required deliveries, the Company shall, as promptly as practicable, and practicable but in any event within five days Business Days thereafter, cause to be issued and delivered to the holder hereof (or its nominee) or, subject to Article V, the transferee designated in the Notice of Exercise, a certificate or certificates representing shares of Common Stock equal in to the aggregate to the number of shares of Common Stock specified in the Notice of Exercise (but not exceeding the maximum number less any shares in payment of shares 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 holder hereof (or its nominee)) or in the name of such transferee, as the case may be. If this Warrant is exercised in part, 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 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 holder hereof or such transferee to purchase the aggregate number of 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 a Warrant, the holder hereof Holder shall deliver to the Company Company: (a) a Notice of Exercise (substantially in the form attached to the applicable Warrant Certificate) duly executed by the holder hereof Holder thereof (or its attorney duly authorized in writing), specifying the number of shares of Common Stock 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 for all shares of Common Stock Warrant Shares as to which this the Warrant is then being exercised (payment of such amount shall not be required if the exercise of the Warrant is pursuant to Section 2.4) and (c) this the applicable 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 WarrantCertificate. At the option of the holder hereofHolder of such Warrant, 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, (b) by certified or official bank cashier’s check payable to the order of the Company and drawn on a member of the New York Clearing HouseCompany, or (c) 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 required deliveriesitems referred to in the first paragraph of this Section 2.3, subject to the last paragraph of this Section 2.3, the Company shall, as promptly as practicable, and in any event within five three (3) business days thereafter, cause to be issued and delivered to the holder hereof Holder (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 shares of Common Stock Warrant Shares specified in the Notice of Exercise (but not exceeding the maximum number of shares Warrant Shares issuable upon exercise of this the Warrant). Such certificates shall be registered in the name of the holder hereof 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, subject to the last paragraph of this Section 2.3, the Company shall, at the time of delivery of such certificate or certificates, unless the Exercise Period has expired, shall issue and deliver to the holder hereof Holder or the transferee so designated in the Notice of Exercise, a new warrant Warrant Certificate evidencing the right of the holder hereof Holder or such transferee to purchase at the Exercise Price then in effect the aggregate number of shares of Common Stock 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 holder hereof shall deliver to the Company (a) a Notice of Exercise duly executed by the holder hereof specifying the number of shares of Common Stock Warrant Shares to be purchased, (b) payment of an amount equal to the aggregate Exercise Price for all shares of Common Stock as to which this such Warrant is then being exercised 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 exerciseShares, 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. At the option of the holder hereof, payment of the Exercise Price shall be made (i) in cash or by (a) wire transfer of funds to an account in a bank located in the United States designated by the Company for such purpose, (b) certified or official bank cashier's check payable to the order of the Company and drawn on a member of the New York Clearing HouseCompany, 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) by this Warrant. In the alternative, this Warrant may be exercised on a net basis, such that, without the exchange of any combination of such methods. Upon receipt of the required deliveriesfunds, 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 five days thereafter, cause to be issued and delivered to the holder hereof (or its nominee) or the transferee designated in the Notice of Exercise, (y) a certificate or certificates representing shares of Common Stock equal in the aggregate to the number of shares of Common Stock Warrant Shares specified in the Notice of Exercise and (but not exceeding the maximum number of shares issuable upon exercise of this Warrant). Such certificates shall be registered in the name of the holder hereof (or its nominee). If z) if this Warrant is exercised in part, the Company shall, at the time of delivery of such certificate or certificates, unless the Exercise Period has expired, issue and deliver to the holder hereof a new warrant Warrant evidencing the right of the holder hereof to purchase the aggregate number of shares of Common Stock 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 Warrant, the a holder hereof shall deliver to the Company (a) a Notice of Exercise duly executed by the such holder hereof specifying the number of shares of Common Stock to be purchasedpurchased and the applicable Tranche(s) and Current Warrant Price(s) applicable to those shares, (b) an amount equal to the aggregate Exercise Price Current Warrant Prices for all shares of Common Stock as to which this Warrant is then being exercised 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. At the option of the an exercising holder hereof, payment of the Exercise such aggregate Current Warrant 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, ; (b) certified or official bank check payable to the order of the Company and drawn on a member of the New York Clearing House, or Company; (c) by deducting from the shares deliverable upon exercise hereof a number of shares having an aggregate Appraised Value on the date of exercise equal to such aggregate Current Warrant Price (and so directing the Company in the Notice); (d) applying certain indebtedness as provided in Section 2.6 hereof; or (e) any combination of such methods. Upon receipt of the required deliveriesabove items, the Company shall, as promptly as practicable, and in any event within five days thereafter, cause to be issued and delivered to the applicable holder hereof (or its nominee) or, subject to Article 5, 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 shares of Common Stock specified in the Notice of Exercise (but not exceeding Exercise, reduced by any applicable shares used as part of the maximum number of shares issuable upon exercise of this Warrant)payment therefor under Section 2.2(c) above. Such certificate or certificates shall be registered in the name of the such holder hereof (or its nominee)) or in the name of such transferee, as the case may be. If this Warrant is exercised in part, the Company shall, at the time of delivery of such 75 certificate or certificates, unless the Exercise Period has expired, issue and deliver to the applicable holder hereof or, subject to Article 5, the transferee so designated in the Notice of Exercise, a new warrant Warrant evidencing the right of the such holder hereof or such transferee to purchase the aggregate number of shares of Common Stock for which this Warrant shall not have been exercised, and this Warrant shall be canceledcancelled. Unless otherwise requested by the exercising holder, this Warrant shall be deemed to have been exercised and such certificate or certificates shall be deemed to have been issued, and the applicable holder or transferee so designated in the Notice of Exercise shall be deemed to have become the holder of record of such shares for all purposes, as of the close of business on the date the Notice of Exercise, together with payment of the aggregate Current Warrant Price and this Warrant, is received by the Company.

Manner of Exercise; Issuance of Common Stock. To exercise this Warrant, the holder hereof shall deliver to the Company (a) a Notice of Exercise duly executed by the holder hereof specifying the number of shares of Common Stock to be purchased, (b) an amount equal to the aggregate Exercise Price for all shares of Common Stock as to which this Warrant is then being exercised 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. At the option of the holder 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, (b) certified or official bank check payable to the order of the Company and drawn on a member of the New York Clearing House, or (c) by any combination of such methods. Upon receipt of the required deliveries, the Company shall, as promptly as practicable, and in any event within five ten (10) business days thereafter, cause to be issued and delivered to the holder hereof (or its nominee) 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 shares of Common Stock specified in the Notice of Exercise (but not exceeding the maximum number of shares issuable upon exercise of this Warrant). Such certificates shall be registered in the name of the holder hereof (or its nominee)) or in the name of such transferee, as the case may be. If this Warrant is exercised in part, the Company shall, at the time of delivery of such certificate or certificates, unless the Exercise Period has expired, issue and deliver to the holder hereof or, subject to ARTICLE V, the transferee so designated in the Notice of Exercise a new warrant evidencing the right of the holder hereof or such transferee to purchase the aggregate number of 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 holder hereof 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 holder hereof Warrant Holder (or its attorney) specifying the number of shares of Common Stock Warrant Shares to be purchased, (b) an amount equal to the aggregate Exercise Price then in effect for all shares of Common Stock 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 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. At If payment is to be made by cash, then, at the option of the holder hereofCompany, 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, (b) certified purpose or official bank by check payable to the order of the Company and drawn on a member of the New York Clearing House, or (c) by any combination of such methodsCompany. Upon receipt of the required deliveriesitems referred to in this Section 2.2, the Company shall, as promptly as practicable, and in any event within five three (3) trading days thereafter, cause to be issued and delivered to the holder hereof Warrant Holder (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 shares of Common Stock 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 holder hereof 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, unless the Exercise Period has expired, issue and deliver to the holder hereof Warrant Holder or the transferee so designated in the Notice of Exercise a new warrant Warrant evidencing the right of the holder hereof Warrant Holder or such transferee to purchase at the Exercise Price then in effect the aggregate number of shares of Common Stock Warrant Shares for which this Warrant shall not have been exercised, and this Warrant shall be canceled.