Common use of Mechanics of Holder’s Early Terminations Clause in Contracts

Mechanics of Holder’s Early Terminations. In the event that the Company does not deliver the Cash Payment or Default Amount or the Exercise Shares in respect of a Cashless Major Exercise or a Cashless Default Exercise, as the case may be, to the Holder within the time period or as otherwise required pursuant to the terms hereof, at any time thereafter the Holder shall have the option, upon notice to the Company, in lieu of Cash Payment Exercise, Cashless Major Exercise or Cashless Default Exercise, as the case may be, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for settlement or exercise. Upon the Company’s receipt of such notice, (x) the applicable cash settlement or exercise, as the case may be, shall be null and void with respect to such applicable portion of this Warrant and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for cash settlement or exercise. The Holder’s delivery of a notice voiding a cash settlement or exercise and exercise of its rights following such notice shall not affect the Company’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Mechanics of Holder’s Early Terminations. In the event that the Company does not deliver the Cash Payment applicable Major Transaction Warrant Early Termination Price or Default Amount or the Exercise Shares in respect of a Cashless Major Exercise or a Cashless Default Exercise, as the case may be, to the Holder within the time period or as otherwise required pursuant to the terms hereof, at any time thereafter the Holder shall have the option, upon notice to the Company, in lieu of Cash Payment Exerciseearly termination, Cashless Major Exercise or Cashless Default Exercise, as the case may be, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for settlement early termination or exerciseexercise pursuant to the terms hereof. Upon the Company’s receipt of such notice, (x) the applicable cash settlement early termination or exercise, as the case may be, shall be null and void with respect to such applicable portion of this Warrant Warrant, and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for cash settlement early termination or exercise. The Holder’s delivery of a notice voiding a cash settlement an early termination or exercise and exercise of its rights following such notice shall not affect the Company’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Mechanics of Holder’s Early Terminations. In the event that the Company does not deliver the Cash Payment applicable Major Transaction Warrant Early Termination Price or Default Amount or the Exercise Shares in respect of a Cashless Major Exercise or a Cashless Default Exercise, as the case may be, or does not provide for the issuance of Successor Redemption Shares, to the Holder within the time period or as otherwise required pursuant to the terms hereof, at any time thereafter the Holder shall have the option, upon notice to the Company, in lieu of Cash Payment early termination, Cashless Major Exercise, Cashless Major Default Exercise or Cashless Default ExerciseSuccessor Redemption, as the case may be, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for settlement early termination, exercise or exerciseSuccessor Redemption. Upon the Company’s receipt of such notice, (x) the applicable cash settlement early termination, exercise or exerciseSuccessor Redemption, as the case may be, shall be null and void with respect to such applicable portion of this Warrant and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for cash settlement early termination, exercise or exerciseSuccessor Redemption. The Holder’s delivery of a notice voiding a cash settlement an early termination, exercise or exercise Successor Redemption and exercise of its rights following such notice shall not affect the Company’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.