Common use of Net Issue Exercise Clause in Contracts

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to Holder. Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value of one share of the Company's Common Stock (at the date of such calculation). B = Warrant Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a)2.1, Holder may elect to receive shares equal to the value of this Warrant determined in the manner described below (or of any portion thereof remaining unexercised) by surrender of this Warrant at the principal office of the Company together with notice the form of such electionNotice of Cashless Exercise attached hereto as Exhibit "B-2", in which event the Company shall issue to Holder the a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to Holder. Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value fair market value of one share of the Company's Common Stock (at the date of such calculation). B = Warrant Price (as adjusted to the date of such calculation).

Net Issue Exercise. (i) In lieu of exercising this Warrant pursuant to Section 3(a)Warrant, the Holder may elect to receive shares equal to the value of this Warrant (or of any the portion thereof remaining unexercisedbeing 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 the a number of shares of the Company's Common Stock computed using the following formula: X = (Y (A-B) ------- A B))/A Where X = the number of shares of Common Stock to be issued to the Holder. Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation)Warrant. A = the Fair Market Value of one share of the Company's Common Stock (at the date of such calculation)Stock. B = Warrant the Exercise Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to Holder. Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value fair market value of one share of the Company's Common Stock (at the date of such calculation). B = Warrant Price exercise price (as adjusted to the date of such calculation).

Net Issue Exercise. (i) In lieu of exercising this Warrant pursuant to Section 3(a)Warrant, the Holder may elect to receive shares equal to the value of this Warrant (or of any the portion thereof remaining unexercisedbeing cancelled) 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 the a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- ------ A Where X = the number of shares of Common Stock to be issued to the Holder. Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation)Warrant. A = the Fair Market Value fair market value of one share of the Company's Common Stock (at the date of such calculation)Stock. B = Warrant the Exercise Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's ’s Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to Holder. Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value of one share of the Company's ’s Common Stock (at the date of such calculation). B = Warrant Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's Common ’s Series Preferred Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Series Preferred Stock to be issued to Holder. Y = the number of shares of Common Series Preferred Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value of one share of the Company's Common ’s Series Preferred Stock (at the date of such calculation). B = Warrant Exercise Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's Common ’s Preferred Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Preferred Stock to be issued to Holder. Y = the number of shares of Common Preferred Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value of one share of the Company's Common ’s Preferred Stock (at the date of such calculation). B = Warrant Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's ’s Common Stock computed using the following formula: X = Y (A-B) ------- A Where : X = the number of shares of Common Stock to be issued to HolderHolder in connection with the applicable net issue exercise. Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value (defined below) of one share of the Company's ’s Common Stock (at the date of such calculation). B = Warrant Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to Holder. Holder Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value of one share of the Company's Common Stock (at the date of such calculation). B = Warrant Price (as adjusted to the date of such calculation).

Net Issue Exercise. (i) In lieu of exercising this Warrant pursuant to in the manner provided above in Section 3(a1(a), the Registered Holder may elect to receive shares equal to the value of this Warrant (or of any the portion thereof remaining unexercisedbeing canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, election in which event the Company shall issue to Holder the holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- _______ A Where X = the The number of shares of Common Stock to be issued to the Registered Holder. Y = the The number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value of one share of the Company's Common Stock (at the date of such calculation). B = Warrant Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a)1.1, Holder the holder may elect to receive shares equal to the value of this Warrant (or of any the portion thereof remaining unexercisedbeing 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 Holder the holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- A Where Where: X = the number of shares of Common Stock to be issued to Holder. the holder; Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). ; A = the Fair Market Value fair market value (as defined below) of one share of the Company's Common Stock (at the date of such calculation). ; and B = Warrant Purchase Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's Common ’s Preferred Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Preferred Stock to be issued to Holder. Y = the number of shares of Common Preferred Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value of one share of the Company's Common ’s Preferred Stock (at the date of such calculation). B = Warrant Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- -------- A Where X = the number of shares of Common Stock to be issued to Holder. Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value of one share of the Company's Common Stock (at the date of such calculation). B = Warrant Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's Common Stock computed using the following formula: X = Y (AY(A-B) ------- ------ A Where X = the number of shares of Common Stock to be issued to Holder. Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value fair market value of one share of the Company's Common Stock (at the date of such calculation). B = Warrant Price exercise price (as adjusted to the date of such calculation).

Net Issue Exercise. In (i) in lieu of exercising this Warrant pursuant to Section 3(a1(a), the Holder may elect to receive shares equal to the value of this Warrant (or of any the portion thereof remaining unexercisedbeing cancelled) 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 the a number of shares of the Company's ’s Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to the Holder. Y = the number of shares of Common Stock purchasable under this Warrant (at or, if only a portion of this Warrant is being exercised, the date portion of such calculationthis Warrant being exercised as set forth in the notice of exercise). A = the Fair Market Value fair market value of one share of the Company's ’s Common Stock (at the date of such calculation)Stock. B = Warrant the Exercise Price (as adjusted to the date of such calculation).

Net Issue Exercise. In lieu of exercising this Warrant pursuant to Section 3(a), Holder may elect to receive shares equal to the value of this Warrant (or of any portion thereof remaining unexercised) 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 Holder the number of shares of the Company's ’s Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to Holder. Y = the number of shares of Common Stock purchasable under this Warrant (at the date of such calculation). A = the Fair Market Value fair market value of one share of the Company's ’s Common Stock (at the date of such calculation). B = Warrant Price exercise price (as adjusted to the date of such calculation).