Common use of Method of Exercise; Payment; Issuance of New Warrants Clause in Contracts

Method of Exercise; Payment; Issuance of New Warrants. (a) The purchase rights evidenced by this Warrant Agreement may be exercised by the Warrantholder, in whole or in part, by the surrender of this Warrant Agreement (with a duly executed notice of exercise in the form attached hereto as Exhibit A (the “Notice of Exercise”)) at the principal office of the Corporation, accompanied by the payment to the Corporation, in cash, by wire transfer, or by certified check payable to the Corporation, of an amount equal to the product of (i) the Exercise Price times (ii) the number of Warrant Shares as to which the purchase rights evidenced by this Warrant Agreement is being exercised (which number of Warrant Shares shall be stated in the duly executed Notice of Exercise). Upon receipt by the Corporation at such office of this Warrant Agreement and a duly executed Notice of Exercise in proper form for exercise, together with the aggregate Exercise Price due to the Corporation, the Warrantholder shall be deemed to have become the holder of record of, and shall be treated for all purposes as the record holder of, the number of the Warrant Shares set forth in such Notice of Exercise (and such Warrant Shares shall be deemed, to the fullest extent permitted by law, to have been issued) immediately prior to the close of business on the date upon which the purchase rights evidenced by this Warrant Agreement is exercised as aforesaid. (b) In the event of any exercise of the purchase rights evidenced by this Warrant pursuant to this Section 2, the Corporation will use commercially reasonable efforts to execute and deliver certificates evidencing the Warrant Shares so purchased to the Warrantholder within ten (10) Business Days (as defined below) from the Corporation’s receipt of the Notice of Exercise. If the purchase rights evidenced by this Warrant Agreement are exercised in part only, unless the purchase rights evidenced by this Warrant Agreement have been fully exercised or expired, the Corporation shall use commercially reasonable efforts to deliver to the Warrantholder a new Warrant Agreement evidencing the rights of the Warrantholder to purchase the balance of the Warrant Shares purchasable hereunder within such ten (10) Business Day period. For purposes of this Warrant, “Business Day” means any day, except a Saturday, Sunday or legal holiday, on which banking institutions in New York, New York, are required to be open.

Method of Exercise; Payment; Issuance of New Warrants. (a) The purchase rights evidenced by this Warrant Agreement may be exercised by the Warrantholder, in whole or in part, by the surrender of this Warrant Agreement (with a duly executed notice of exercise in the form attached hereto as Exhibit A (the “Notice of Exercise”)) at the principal office of the Corporation, accompanied by the payment to the Corporation, in cash, by wire transfer, or by certified check payable to the Corporation, of an amount equal to the product of (i) the Exercise Price times (ii) the number of Warrant Shares as to which the purchase rights evidenced by this Warrant Agreement is being exercised (which number of Warrant Shares shall be stated in the duly executed Notice of Exercise). Upon receipt by the Corporation at such office of this Warrant Agreement and a duly executed Notice of Exercise in proper form for exercise, together with the aggregate Exercise Price due to the Corporation, the Warrantholder shall be deemed to have become the holder of record of, and shall be treated for all purposes as the record holder of, the number of the Warrant Shares as to which the purchase rights set forth in such Notice of Exercise this Warrant Agreement have been so exercised (and such Warrant Shares shall be deemed, to the fullest extent permitted by law, to have been issued) immediately prior to the close of business on the date upon which the purchase rights evidenced by this Warrant Agreement is are exercised as aforesaid. (b) In the event of any exercise of the purchase rights evidenced by this Warrant pursuant to this Section 2, the Corporation will use commercially reasonable efforts to execute and deliver a certificate or certificates evidencing the Warrant Shares so purchased to the Warrantholder within ten five (105) Business Days (as defined below) from the Corporation’s receipt of the Notice of ExerciseExercise and payment as described in this Section 2. If the purchase rights evidenced by this Warrant Agreement are exercised in part only, unless the purchase rights evidenced by this Warrant Agreement have been fully exercised or expired, the Corporation shall use commercially reasonable efforts to deliver to the Warrantholder a new Warrant Agreement evidencing the rights of the Warrantholder to purchase the balance of the Warrant Shares purchasable hereunder within such ten five (105) Business Day period. For purposes of this Warrant, “Business Day” means any day, except a Saturday, Sunday or legal holiday, on which banking institutions in New York, New York, are required to be open.

Method of Exercise; Payment; Issuance of New Warrants. (a) The purchase rights evidenced by this Each Warrant Agreement may be exercised by the WarrantholderRegistered Holder, in whole or in part, by the surrender of this the Warrant Agreement (with a duly executed the notice of exercise in the form attached hereto as of Exhibit A (the “Notice of Exercise”)1 thereto duly executed) at the principal office of the Corporation, accompanied Company and by the payment to the CorporationCompany of an amount, in cash, by wire transfer, cash or by certified check payable to the Corporationor bank cashier's check, of an amount equal to the product of (i) the Exercise Price times (ii) multiplied by the number of Shares then being purchased. Subject to Section 7.5, within ten (10) days after the Exercise Date, the Company shall cause to be issued and delivered to or upon the written order of the Registered Holder, and in such name or names as the Registered Holder may designate, a certificate for the Shares so purchased and, unless such Warrant Shares as has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which the purchase rights evidenced by this such Warrant Agreement is being exercised (which number of Warrant Shares shall not then have been exercised. Such certificates shall be stated in the duly executed Notice of Exercise). Upon receipt by the Corporation at such office of this Warrant Agreement deemed to have been issued and a duly executed Notice of Exercise in proper form for exercise, together with the aggregate Exercise Price due any Person so designated to the Corporation, the Warrantholder be named therein shall be deemed to have become the __________ [*] Confidential Treatment Requested. holder of record ofof such Shares, and shall be treated for possess all purposes rights of a stockholder with respect to such Shares, as the record holder of, the number of the Warrant Shares set forth in such Notice of Exercise (and such Warrant Shares shall be deemed, to the fullest extent permitted by law, to have been issued) immediately prior to the close of business on the date upon which the purchase rights evidenced by this Warrant Agreement is exercised as aforesaidDate. (b) In the event of any The initial exercise price of the purchase rights evidenced by this Warrant Initial Warrants (as the same may be adjusted from time to time pursuant to this Section 26.1, the Corporation will use commercially reasonable efforts "Initial Warrant Exercise Price") with respect to execute and deliver certificates evidencing each share of Common Stock shall be equal to [*]. (c) The initial exercise price of the Warrant Shares so purchased to the Warrantholder within ten (10) Business Days Second Warrants (as defined below) the same may be adjusted from the Corporation’s receipt of the Notice of Exercise. If the purchase rights evidenced by this Warrant Agreement are exercised in part only, unless the purchase rights evidenced by this Warrant Agreement have been fully exercised or expiredtime to time pursuant to Section 6.1, the Corporation "Second Warrant Exercise Price" and, together with the Initial Warrant Exercise Price, the "Exercise Price") with respect to each share of Common Stock shall use commercially reasonable efforts be equal to deliver to the Warrantholder a new Warrant Agreement evidencing the rights of the Warrantholder to purchase the balance of the Warrant Shares purchasable hereunder within such ten (10) Business Day period. For purposes of this Warrant, “Business Day” means any day, except a Saturday, Sunday or legal holiday, on which banking institutions in New York, New York, are required to be open[*].

Method of Exercise; Payment; Issuance of New Warrants. (a) The purchase rights evidenced by this Each Warrant Agreement may be exercised by the WarrantholderRegistered Holder, in whole or in part, by the surrender of this the Warrant Agreement (with a duly executed the notice of exercise in the form attached hereto as of Exhibit A (the “Notice of Exercise”)1 thereto duly executed) at the principal office of the Corporation, accompanied Company and by the payment to the CorporationCompany of an amount, in cash, by wire transfer, cash or by certified check payable to the Corporationor bank cashier's check, of an amount equal to the product of (i) the Exercise Price times (ii) multiplied by the number of Shares then being purchased. Subject to Section 7.5, within ten (10) days after the Exercise Date, the Company shall cause to be issued and delivered to or upon the written order of the Registered Holder, and in such name or names as the Registered Holder may designate, a certificate for the Shares so purchased and, unless such Warrant Shares as has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which the purchase rights evidenced by this such Warrant Agreement is being exercised (which number of Warrant Shares shall not then have been exercised. Such certificates shall be stated in the duly executed Notice of Exercise). Upon receipt by the Corporation at such office of this Warrant Agreement deemed to have been issued and a duly executed Notice of Exercise in proper form for exercise, together with the aggregate Exercise Price due any Person so designated to the Corporation, the Warrantholder be named therein shall be deemed to have become the __________ [*] Confidential Treatment Requested. holder of record ofof such Shares, and shall be treated for possess all purposes rights of a stockholder with respect to such Shares, as the record holder of, the number of the Warrant Shares set forth in such Notice of Exercise (and such Warrant Shares shall be deemed, to the fullest extent permitted by law, to have been issued) immediately prior to the close of business on the date upon which the purchase rights evidenced by this Warrant Agreement is exercised as aforesaidDate. (b) In the event of any The initial exercise price of the purchase rights evidenced by this Warrant Initial Warrants (as the same may be adjusted from time to time pursuant to this Section 26.1, the Corporation will use commercially reasonable efforts "Initial Warrant Exercise Price") with respect to execute and deliver certificates evidencing each share of Common Stock shall be equal to $32.175. (c) The initial exercise price of the Warrant Shares so purchased to the Warrantholder within ten (10) Business Days Second Warrants (as defined below) the same may be adjusted from the Corporation’s receipt of the Notice of Exercise. If the purchase rights evidenced by this Warrant Agreement are exercised in part only, unless the purchase rights evidenced by this Warrant Agreement have been fully exercised or expiredtime to time pursuant to Section 6.1, the Corporation "Second Warrant Exercise Price" and, together with the Initial Warrant Exercise Price, the "Exercise Price") with respect to each share of Common Stock shall use commercially reasonable efforts be equal to deliver to the Warrantholder a new Warrant Agreement evidencing the rights of the Warrantholder to purchase the balance of the Warrant Shares purchasable hereunder within such ten (10) Business Day period. For purposes of this Warrant, “Business Day” means any day, except a Saturday, Sunday or legal holiday, on which banking institutions in New York, New York, are required to be open$36.5625.