Common use of Net Exercise Clause in Contracts

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 15 contracts

Samples: Warrant Agreement (Visualant Inc), Warrant Agreement (Kythera Biopharmaceuticals Inc), Warrant Agreement (NeuroSigma, Inc.)

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Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 10 contracts

Samples: Warrant Agreement (BioCardia, Inc.), Warrant Agreement (BioCardia, Inc.), Warrant Agreement (Nutracea)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where:

Appears in 8 contracts

Samples: Warrant Issuance Agreement (PogoTec, Inc.), Warrant Agreement (PogoTec, Inc.), Warrant Agreement (PogoTec, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder Holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 7 contracts

Samples: Warrant Agreement (Akesis Pharmaceuticals, Inc.), Warrant Agreement (Optimer Pharmaceuticals Inc), Warrant Agreement (Optimer Pharmaceuticals Inc)

Net Exercise. In lieu of making a cash exercising payment upon the exercise of this Warrant, the holder of this Warrant may may, at such holder’s option. elect to receive shares equal to the value of this Warrant (or the portion thereof being canceledexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 4 contracts

Samples: Warrant Agreement (CNS Response, Inc.), Warrant Agreement (CNS Response, Inc.), Warrant Agreement (CNS Response, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant Holder may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of to the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = A Where:

Appears in 4 contracts

Samples: Common Stock Purchase Warrant (Ocean Thermal Energy Corp), Warrant Agreement (Mackay Bart P), Warrant Agreement (CV Sciences, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of Common Stock computed using the following formula: Y (A - B) --------- X = A Where

Appears in 4 contracts

Samples: Warrant Agreement (Digitalthink Inc), Warrant Agreement (Software Technologies Corp/), Warrant Agreement (Software Technologies Corp/)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of or the Company together with notice of such election, . in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 3 contracts

Samples: Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Jumpkicks, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder Holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = Y (A - B) A Where

Appears in 2 contracts

Samples: Warrant Agreement (Cardiva Medical, Inc.), Warrant Agreement (Akesis Pharmaceuticals, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of Warrant Stock computed using the following formula: X = A Where:

Appears in 2 contracts

Samples: Warrant Agreement (Laredo Oil, Inc.), Warrant Agreement (Laredo Oil, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder Holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 2 contracts

Samples: Warrant Agreement (Akesis Pharmaceuticals, Inc.), Warrant Agreement (Akesis Pharmaceuticals, Inc.)

Net Exercise. In lieu of making a cash exercising payment upon the exercise of this Warrant, the holder of this Warrant may may, at such holder’s option. elect to receive shares equal to the value of this Warrant (or the portion thereof being canceledexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 2 contracts

Samples: Warrant Agreement (CNS Response, Inc.), Warrant Agreement (CNS Response, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (PogoTec, Inc.), Warrant Agreement (Achaogen Inc)

Net Exercise. (a) In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of common stock computed using the following formula: X = A Where

Appears in 2 contracts

Samples: Warrant Agreement (HyperSpace Communications, Inc.), Warrant Agreement (HyperSpace Communications, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant Holder may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof Holder a number of Shares computed using the following formula: X = A Where

Appears in 2 contracts

Samples: Warrant Agreement (NeuroSigma, Inc.), Warrant Agreement (NeuroSigma, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant Holder may elect to receive shares Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof Holder a number of Shares computed using the following formula: X = A Where

Appears in 2 contracts

Samples: Common Stock Warrant (Lm Funding America, Inc.), Warrant Agreement (Zagg INC)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where:

Appears in 2 contracts

Samples: Warrant Agreement (Inogen Inc), Warrant Agreement (Inogen Inc)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = Y (A - B) Where

Appears in 2 contracts

Samples: Warrant Agreement (NeuroSigma, Inc.), Warrant Agreement (CNS Response, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this ------------ Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of Preferred Stock computed using the following formula: X = Y (A-B) ------- X= A Where

Appears in 2 contracts

Samples: Warrant Agreement (DSL Net Inc), Warrant Agreement (DSL Net Inc)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant to the President or Secretary of the Company at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 2 contracts

Samples: Warrant Agreement (Liquidia Technologies Inc), Warrant Agreement (Liquidia Technologies Inc)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares of Next Securities equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares Warrant Stock computed using the following formula: X = A Where:

Appears in 2 contracts

Samples: Warrant Agreement (BioCardia, Inc.), Warrant Agreement (BioCardia, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of Preferred Stock computed using the following formula: Y (A - B) --------- X = A Where

Appears in 1 contract

Samples: Warrant Agreement (Kabira Technologies Inc)

Net Exercise. In lieu of cash exercising this Warrant, the holder Holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Akesis Pharmaceuticals, Inc.)

Net Exercise. In lieu of paying cash exercising to exercise this Warrant, the holder of this Warrant Holder may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof Holder a number of Shares computed using the following formula: X = Y (A — B) A Where

Appears in 1 contract

Samples: Warrant Purchase Agreement (Liveworld Inc)

Net Exercise. In lieu of making a cash payment when exercising this Warrant, the holder of this Warrant Holder may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of to the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Accelerator Agreement (T Stamp Inc)

Net Exercise. In lieu of cash exercising this WarrantWarrant for cash, any time prior to the Expiration Date, the holder of this Warrant Holder may elect to receive shares exchange this Warrant for Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant Warrant, together with notice of such election, at the principal office of the Company together with notice of such electionCompany, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = Y (A-B) A WhereWhere :

Appears in 1 contract

Samples: Warrant Agreement (Principal Solar, Inc.)

Net Exercise. In lieu of cash exercising this WarrantWarrant with a cash payment, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of Series B Preferred Stock computed using the following formula: Y(A - B) -------- X = A Where

Appears in 1 contract

Samples: Warrant Agreement (Getthere Com)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant Holder may ------------ elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares shares of Common Stock computed using the following formula: Y (A - B) --------- X = A Where

Appears in 1 contract

Samples: Warrant to Purchase Shares of Common Stock (Fusion Medical Technologies Inc)

Net Exercise. In lieu of cash exercising this WarrantWarrant and subject to Section 1 hereof, the holder Holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: Y (A - B) X = A Where

Appears in 1 contract

Samples: Warrant Agreement (MultiCell Technologies, Inc.)

Net Exercise. In lieu of cash exercising this WarrantWarrant pursuant to Section 3 above, the holder of this Warrant may elect to receive shares Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 1 contract

Samples: Warrant Agreement (Five9, Inc.)

Net Exercise. In lieu of cash exercising this WarrantWarrant by payment of cash to the Company in accordance with Section 3 above, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 1 contract

Samples: Warrant Agreement (CampusU)

Net Exercise. In lieu of cash exercising this Warrant, the holder of ------------ this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of Preferred Stock computed using the following formula: Y (A - B) --------- X = A Where

Appears in 1 contract

Samples: Convertible Note and Warrant Purchase Agreement (Curon Medical Inc)

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Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: Y (A - B) X = --------- A Where

Appears in 1 contract

Samples: Warrant Agreement (Stevens Financial Group LLC)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant Holder may elect to receive shares Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of to the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 1 contract

Samples: Warrant Agreement

Net Exercise. In lieu of cash exercising payment upon exercise of this Warrant, the holder of this Warrant may elect to receive shares Shares equal to the value of this Warrant (or the portion thereof being canceledexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A Where

Appears in 1 contract

Samples: Warrant Agreement (Zonare Medical Systems Inc)

Net Exercise. In lieu of cash exercising this WarrantWarrant by paying the exercise price in cash, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of Common Stock computed using the following formula: X = Y (A-B) ------- X= A Where

Appears in 1 contract

Samples: Stock Purchase Agreement (Southwall Technologies Inc /De/)

Net Exercise. In lieu of cash exercising this Warrant, the holder Holder of this Warrant may elect to receive shares Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Cardiva Medical, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant Holder may ------------ elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof Holder a number of Shares computed using the following formula: Y (A - B) --------- X = A Where

Appears in 1 contract

Samples: Loan Agreement (Kyphon Inc)

Net Exercise. In lieu of cash exercising this Warrant, the holder Holder of this Warrant may elect to receive shares Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Cardiva Medical, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant Holder may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at to the principal office Secretary of the Company together with notice of such electionelection (subject, however, to the limitations set forth in the parenthetical language in Section 3(i) above), in which event the Company shall issue to the holder hereof Holder a number of Warrant Shares computed using the following formula: X = A Where

Appears in 1 contract

Samples: Warrant Agreement (Surge Global Energy, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A WhereWhere X = The number of Shares to be issued to the holder of this Warrant. Y = The number of Shares purchasable under this Warrant.

Appears in 1 contract

Samples: Warrant Agreement (NeuroSigma, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: Y (A - B) X = A Where

Appears in 1 contract

Samples: Warrant Agreement (NeuroSigma, Inc.)

Net Exercise. In lieu of cash exercising this WarrantWarrant with a cash ------------ payment, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of Series B Preferred Stock computed using the following formula: Y (A - B) --------- X = A Where

Appears in 1 contract

Samples: Master Lease Agreement (Placeware Inc)

Net Exercise. In lieu of cash exercising this WarrantWarrant and subject to Section 1 hereof, the holder Holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Multicell Technologies Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of Common Stock computed using the following formula: Y (A - B) --------- X = - A Where

Appears in 1 contract

Samples: Warrant Agreement (Chemconnect Inc)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this ------------ Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares shares of Common Stock computed using the following formula: X = Y (A-B) ------- X= A Where

Appears in 1 contract

Samples: Warrant Agreement (DSL Net Inc)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant Holder may elect to receive shares Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof Holder a number of Shares computed using the following formula: Y (A - B) X = A Where

Appears in 1 contract

Samples: Warrant to Purchase Shares of Capital Stock (Advanced BioHealing Inc)

Net Exercise. In lieu of making a cash exercising payment upon the exercise of this Warrant, the holder of this Warrant may may, at such holder’s option. elect to receive shares equal to the value of this Warrant (or the portion thereof being canceledexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = Y (A - B) Where

Appears in 1 contract

Samples: Warrant Agreement (CNS Response, Inc.)

Net Exercise. In lieu of cash exercising this Warrant, the holder Holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = Y (A Where- B)

Appears in 1 contract

Samples: Warrant Agreement (Akesis Pharmaceuticals, Inc.)

Net Exercise. In lieu of cash exercising this WarrantWarrant pursuant to Section 3(a) above, the holder of this Warrant may elect to receive shares receive, without the payment by the holder of any additional consideration, Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: Y (A - B) X = ------------------ A Where:

Appears in 1 contract

Samples: Warrant Agreement (Blackboard Inc)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant Holder may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of to the Company together with notice of such election, in which event the Company shall issue to the holder Holder hereof a number of Shares computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Investment Agreement (Tetridyn Solutions Inc)

Net Exercise. In lieu of cash exercising this Warrant, the holder of this Warrant may elect to receive shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the holder hereof a number of Shares computed using the following formula: X = A WhereA

Appears in 1 contract

Samples: Warrant Agreement (PogoTec, Inc.)

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