Common use of Net Issue Exercise Clause in Contracts

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of Common Stock is greater than the Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Notice of Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of 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 the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (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 = Exercise Price (as adjusted to the date of such calculation)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value Fair Market Value (as defined below) of one share of Common Stock is greater than the Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceledcancelled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Notice of Warrant Exercise Form and notice of such election election, in which event the Company shall issue to the Holder a number of shares of 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 the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled exercised (at the date of such calculation) A = the fair market value Fair Market Value (as defined below) of one share of the Company's ’s Common Stock (at the date of such calculation) B = Exercise Price (as adjusted to the date of such calculation)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of Common Stock is greater than the Exercise Price (at the date of calculation as set forth below), in i) In lieu of exercising this Warrant for cashin the manner provided above in Section 1(a), the Registered Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Notice of Exercise and notice of such election on the purchase/exercise form appended hereto as Exhibit A duly executed by such Registered Holder or such Registered Holder's duly authorized attorney, in which event the Company shall issue to the Registered Holder a number of shares of Common Stock computed using the following formula: X = Y (A-A - B) ------- --------- A Where X = the The number of shares of Common Stock to be issued to the Holder Registered Holder. Y = the The number of shares of Common Stock purchasable under the Warrant orthis Warrant, or if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled cancelled (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 = Exercise Price (as adjusted to the date of such calculation).

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the Exercise Price stock purchase price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceledcancelled) by surrender of this Warrant at the principal office of the Company company together with the properly endorsed Notice Form of Exercise Subscription and notice of such election in which event the Company shall issue to the Holder a number of shares of 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 the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled cancelled (at the date of such calculation) A = the fair market value of one share of the Company's Common Stock Stock, as applicable (at the date of such calculation) B = Exercise Price stock purchase price (as adjusted to the date of such calculation)) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of Common Stock is greater than the Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Notice of Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of 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 the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (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 = Exercise Price (as adjusted to the date of such calculation)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of Common Stock is greater than the Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Notice of Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of 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 the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (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 = Exercise Price (as adjusted to the date of such calculation)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of Common Stock is greater than the Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Notice of Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of 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 the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (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 = Exercise Price (as adjusted to the date of such calculation)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of Common Stock is greater than the Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Notice of Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of 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 the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (at the date of such calculationexercise) A = the fair market value of one share of the Company's ’s Common Stock (at the date of such calculationexercise) B = Exercise Price (as adjusted to the date of such calculationexercise)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of Common Stock is greater than the Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Notice of Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of 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 the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (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 = the Exercise Price (as adjusted to the date of such calculation)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value Market Value of one share of Common Stock is greater than the Exercise Warrant Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Notice of Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-A - B) ------- --------- A Where X = the net number of shares of Common Stock to be issued to the Holder Holder. Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (at the date of such calculation) A = the fair market value Market Value of one share of the Company's Common Stock (at the date of such calculation) B = Exercise Warrant Price (as adjusted to the date of such calculation)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value Market Value of one share of Common Stock is greater than the Exercise Warrant Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Notice of Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-A – B) ------- A Where X = the net number of shares of Common Stock to be issued to the Holder Holder. Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (at the date of such calculation) A = the fair market value Market Value of one share of the Company's ’s Common Stock (at the date of such calculation) B = Exercise Warrant Price (as adjusted to the date of such calculation)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the Exercise Price stock purchase price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceledcancelled) by surrender of this Warrant at the principal office of the Company company together with the properly endorsed Notice of Exercise Subscription Form and notice of such election in which event the Company shall issue to the Holder a number of shares of 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 the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled cancelled (at the date of such calculation) A = the fair market value Closing Price (as defined in the Warrant Agreement) of one share of the Company's Common Stock Stock, as applicable (at the date of such calculation) B = Exercise Price (as defined in the Warrant Agreement) (as adjusted to the date of such calculation)

Net Issue Exercise. Notwithstanding any provisions herein to In lieu of the contrary, if the fair market value of one share of Common Stock is greater than the Exercise Price (at the date of calculation as payment methods set forth below), in lieu of exercising this Warrant for cashSection 2.1(b) above, the Holder may elect to receive pay the Exercise Amount by surrendering shares of Common Stock having an aggregate fair market value on the date of exchange equal to the value (as determined below) of Exercise Amount. If Holder elects to exercise this Warrant (as provided in this Section 2.2, Holder shall tender to the Company the Warrant for the amount being exercised, along with written notice of Holder's election to exercise some or the portion thereof being canceled) by surrender of this Warrant at the principal office all of the Company together with the properly endorsed Notice of Exercise Warrant, and notice of such election in which event the Company shall issue to Holder the Holder a number of shares of 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 Holder. INTEL/VELOCOM CONFIDENTIAL Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (at as adjusted to 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) Stock. B = Exercise Purchase Price (as adjusted to the date of such calculation).

Net Issue Exercise. Notwithstanding any provisions herein to ------------------ the contrary, if the fair market value of one share of the Company's Common Stock is greater than the Exercise Price stock purchase price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being canceledcancelled) by surrender of this Warrant at the principal office of the Company company together with the properly endorsed Notice of Exercise Subscription Form and notice of such election in which event the Company shall issue to the Holder a number of shares of 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 the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled cancelled (at the date of such calculation) A = the fair market value Closing Price (as defined in the Warrant Agreement) of one share of the Company's Common Stock Stock, as applicable (at the date of such calculation) B = Exercise Price (as defined in the Warrant Agreement) (as adjusted to the date of such calculation)