Common use of No Fractional Shares or Scrip Clause in Contracts

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder would otherwise be entitled, such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the Fair Market Value for such fractional share above the

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share to which such holder would otherwise be entitledcalled for upon the exercise of this Warrant, such holder shall be entitled, at its option, to receive either (i) a cash payment an amount equal to such fraction multiplied by the excess of the then Fair Market Value for such fractional share above theshall be paid in cash to the holder of this Warrant.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess fair market value of the Fair Market Value for one share of Common Stock multiplied by such fractional share above thefraction.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share called for upon the exercise of this Warrant, an amount equal to which such holder would otherwise be entitled, such holder fraction multiplied by the then current fair market value (determined in accordance with Section 2.2(a)) of a Share shall be entitled, at its option, to receive either (i) a paid in cash payment equal to the excess of the Fair Market Value for such fractional share above theHolder.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess fair market value of the Fair Market Value for a share (as determined according to Section 3(c) above) multiplied by such fractional share above thefraction.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess of fair market value multiplied by such fraction or, at the Fair Market Value for Company’s option, round such fractional share above theto the nearest whole share. The fair market value shall be determined by the Company’s Board of Directors.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess fair market value of the Fair Market Value for a share (as determined according to Section 4(c) above) multiplied by such fractional share above thefraction.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess fair market value of the Fair Market Value for a share of Stock multiplied by such fractional share above thefraction.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share to which such holder would otherwise be entitledcalled for upon the exercise of this Warrant, such holder shall be entitled, at its option, to receive either (i) a cash payment an amount equal to such fraction multiplied by the excess of the current Fair Market Value for such fractional at which each share above themay be purchased hereunder shall be paid in cash to the Holder.

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Share to which such holder the Holder would otherwise be entitled, such holder the Holder shall be entitled, at its option, entitled to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Fair Market Value Exercise Price for such fractional share above the(as determined in good faith by the Company).

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share called for upon the exercise of this Warrant, an amount equal to which such holder would otherwise be entitled, such holder fraction multiplied by the then current fair market value (determined in accordance with Section 2(b)(i)) of a Share shall be entitled, at its option, to receive either (i) a paid in cash payment equal to the excess of the Fair Market Value for such fractional share above theHolder.

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Share to which such holder the Holder would otherwise be entitled, such holder the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Fair Market Value Exercise Price for such fractional share above the(as determined in good faith by the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole Share.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess of the Fair Market Value for fair market value multiplied by such fractional share above thefraction.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which such holder would otherwise each share may be entitled, such holder purchased hereunder shall be entitled, at its option, to receive either (i) a paid in cash payment equal to the excess of the Fair Market Value for such fractional share above theHolder.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional share a Share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which such holder would otherwise each Share may be entitled, such holder purchased hereunder shall be entitled, at its option, to receive either (i) a paid in cash payment equal to the excess of the Fair Market Value for such fractional share above theHolder.

No Fractional Shares or Scrip. No fractional shares Ordinary Shares or scrip representing fractional shares Ordinary Shares shall be issued upon the any exercise of this Warrant. In lieu of any fractional share Ordinary Share to which such holder the Warrantholder would otherwise be entitled, such holder the Warrantholder shall be entitled, at its option, entitled to receive either (i) a cash payment equal to therefore on the excess basis of the Fair Market Value for such fractional share above theExercise Price.

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share to which such holder would otherwise be entitledcalled for upon the exercise of the Warrant, such holder shall be entitled, at its option, to receive either (i) a cash payment an amount equal to such fraction multiplied by the excess of the then Fair Market Value for such fractional share above theshall be paid in cash to the holder of this Warrant.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the any exercise of this Warrant. In lieu of any fractional share to which such holder the Warrantholder would otherwise be entitled, such holder the Warrantholder shall be entitled, at its option, entitled to receive either (i) a cash payment in an amount equal to the excess Market Price of the Fair Market Value Common Stock on the date of exercise less the Exercise Price for the shares of Non-Voting Common Stock into which such fractional share above thecould be converted.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder the 7203893v.4 Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess fair market value of the Fair Market Value for one share of Common Stock multiplied by such fractional share above thefraction.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of the rights under this Warrant. In lieu lieu, of any such fractional share to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess of the Fair Market Value for Exercise Price multiplied by such fractional share above thefraction.

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) a issue cash payment equal to the excess Holder in lieu of the Fair Market Value for such fractional share above theshare.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess fair market value of the Fair Market Value for one share of Warrant Stock multiplied by such fractional share above thefraction.

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant. In lieu of any fractional share Share to which such holder the Warrantholder would otherwise be entitled, such holder the Warrantholder shall be entitled, at its option, entitled to receive either (i) a cash payment equal to the excess such fractional interest of the Fair Current Market Value for such fractional share above thePrice of the Subject Stock.

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Share to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, pay to receive either (i) a cash payment equal to the excess of Holder the Fair Market Value for of any such fractional share above theShare.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of the rights under this Warrant. In lieu of any such fractional share to which such holder the Holder would otherwise be entitled, such holder shall be entitled, at its option, to receive the Company may either (i) make a cash payment equal to the excess of the Fair Market Value Exercise Price multiplied by such fraction or issue scrip or a warrant for such fractional share above thewhich shall entitle the Holder to receive a full share upon the surrender of such scrip or warrants aggregating a full share.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise conversion of this Warrant. In lieu of any fractional share to which such holder the Holder would otherwise be entitled, such holder the Issuer shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess of the Fair Market Value for Average Closing Price multiplied by such fractional share above thefraction.

No Fractional Shares or Scrip. No fractional shares of Purchaser Common Stock or other equity interests or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder a Holder would otherwise be entitled, such holder the Holder shall be entitled, at its option, entitled to receive either (i) a cash payment equal to the excess of the Fair Market Value for of such fractional share above theof Purchaser Common Stock.

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which such holder would otherwise each Warrant Share may be entitled, such holder purchased hereunder shall be entitled, at its option, to receive either (i) a paid in cash payment equal to the excess of the Fair Market Value for such fractional share above theHolder.

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share called for upon the exercise of this Warrant, an amount equal to which such holder would otherwise be entitled, such holder fraction multiplied by the then fair market value shall be entitled, at its option, to receive either (i) a paid in cash payment equal to the excess holder of the Fair Market Value for such fractional share above thethis Warrant.

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Share to which such the Warrantholder as the holder would otherwise be entitled, such holder the Warrantholder shall be entitled, at its option, entitled to receive either (i) a cash payment equal to the excess of Closing Price on the Fair Market Value Settlement Date for such fractional share Share above thethe Exercise Price for such fractional share

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share shares to which such holder the Holder would otherwise be entitled, such holder the Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess fair market value of the Fair Market Value for a share multiplied by such fractional share above thefraction.