Common use of No Fractional Exercise Clause in Contracts

No Fractional Exercise. Warrants may be exercised only in whole numbers of Warrant Shares. No fractional Warrant Shares are to be issued upon the exercise of the Warrant. If, upon the exercise of Warrants, a Holder would be entitled to receive a fractional interest in a Warrant Share any right to a fractional Warrant Share will be automatically terminated without consideration to Holder and the Company will, upon exercise, round down to the nearest whole number the number of Warrant Shares to be issued to Holder. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the Holder of such Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such Registered Holder. If fewer than all the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the Depositary, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise.

No Fractional Exercise. Warrants A registered holder may be exercised exercise a Warrant from time to time only in for whole numbers shares of Warrant SharesCommon Stock. No fractional Warrant Shares are to shares or scrip representing fractional shares shall be issued upon the exercise of the a Warrant. If, upon As to any fraction of a share which the exercise of Warrants, a Holder would otherwise be entitled to receive a fractional interest in a Warrant Share any right to a fractional Warrant Share will be automatically terminated without consideration to Holder and purchase upon such exercise, the Company willshall, upon exerciseat its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price or round down up to the nearest next whole number the number of Warrant Shares to be issued to Holdershare. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the Holder holder of such this Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such Registered Holderregistered holder. If fewer than all the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the DepositaryDepository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise.

No Fractional Exercise. Warrants A registered holder may be exercised exercise a Warrant from time to time only in for whole numbers shares of Warrant SharesCommon Stock. No fractional Warrant Shares are to shares or scrip representing fractional shares shall be issued upon the exercise of the a Warrant. If, upon As to any fraction of a share which the exercise of Warrants, a Holder would otherwise be entitled to receive a fractional interest in a Warrant Share any right to a fractional Warrant Share will be automatically terminated without consideration to Holder and purchase upon such exercise, the Company willshall, upon exerciseat its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price or round down up to the nearest next whole number the number of Warrant Shares to be issued to Holdershare. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the Holder holder of such this Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such Registered Holderregistered holder. If fewer than all the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the DepositaryDepository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise.. - . 3.3.6

No Fractional Exercise. Warrants may be exercised only in whole numbers of Warrant Shares. No fractional Warrant Shares are to shall be issued upon the exercise of the any Warrant. If, upon As to any fraction of a Warrant Share which the exercise of Warrants, a Holder registered holder would otherwise be entitled to receive a fractional interest in a Warrant Share any right to a fractional Warrant Share will be automatically terminated without consideration to Holder and purchase upon such exercise, the Company willshall, upon exerciseat its election, either (i) pay the holder an amount in cash equal to the fractional amount multiplied by the difference between (A) the VWAP of the common stock on the Trading Day immediately preceding the date on which the registered holder elects to exercise the Warrant and (B) the Warrant Price of the Warrant, as it may have been adjusted hereunder or (ii) round down up such fraction to the nearest whole number the number of Warrant Shares to be issued to Holdershare. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the Holder of such Warrant Certificate registered holder at the address specified on the books of the Warrant Agent or as otherwise specified by such Registered Holderregistered holder. If fewer than all of the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the DepositaryDepository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise. All fractional Warrant shares due to a holder by reason of the exercise of multiple Warrants at the same time shall be aggregated into whole Warrant Shares prior to the application of the provisions of this Section 3.3.7.

No Fractional Exercise. Warrants may only be exercised only in multiples of 10 such that a whole numbers number of Warrant Shares. No fractional Warrant Shares are to be issued is issuable upon exercise; provided, however, that a Holder holding less than 10 Warrants but at least five Warrants may request the exercise of all of its remaining Warrants (the Warrant“Remaining Warrants”). IfIn such case, upon the exercise of Warrants, a Holder would be entitled to receive a fractional interest in a Warrant Share any right to a fractional Warrant Share will be automatically terminated without consideration to Holder and the Company will, upon exercise, round down to the nearest whole number the number of Warrant Shares to be issued upon the exercise of such Remaining Warrants shall be rounded up to Holderone Warrant Share. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the Holder of such Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such Registered Holder. If fewer than all of the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the DepositaryDepository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise.”

No Fractional Exercise. Warrants may be exercised only in whole numbers of Warrant Shares. No fractional Warrant Shares are to be issued upon the exercise of the Warrant. If, upon the exercise of Warrants, a Holder would be entitled to receive a fractional interest in a Warrant Share any right to a fractional Warrant Share will be automatically terminated without consideration to Holder and the Company will, upon exercise, round down to the nearest whole number but rather the number of Warrant Shares to be issued shall be rounded up or down, as applicable, to Holderthe nearest whole number, with 0.5 rounded down. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the Holder holder of such this Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such Registered Holderregistered holder. If fewer than all the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to new Warrant Certificate substantially in the records maintained by the Depositary, its nominee for each Book-Entry form attached hereto as Exhibit A (any such new Warrant Certificate, or a Participant, as appropriate“New Warrant Certificate”), evidencing the balance portion of the Warrant Certificate remaining un-exercised shall be issued to the registered holder of the Warrants. The delivery of the New Warrant Certificate by the Company to the registered holder of the Warrants remaining after such exercise.shall be deemed to constitute acceptance of all of the rights and obligations of a holder of a Warrant Certificate

No Fractional Exercise. Warrants may only be exercised only in multiples of 250 such that a whole numbers number of Warrant Shares. No fractional Warrant Shares are to be issued is issuable upon exercise; provided, however, that a Holder holding less than 250 Warrants but at least 125 Warrants may request the exercise of all of its remaining Warrants (the Warrant“Remaining Warrants”). IfIn such case, upon the exercise of Warrants, a Holder would be entitled to receive a fractional interest in a Warrant Share any right to a fractional Warrant Share will be automatically terminated without consideration to Holder and the Company will, upon exercise, round down to the nearest whole number the number of Warrant Shares to be issued upon the exercise of such Remaining Warrants shall be rounded up to Holderone Warrant Share. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the Holder of such Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such Registered Holder. If fewer than all of the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the DepositaryDepository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise.”