Common use of Number of Warrants Clause in Contracts

Number of Warrants. See Reverse for Certain Definitions Exercisable from and after __________ __, __________ until 5:00 p.m., New York City time on __________ __, 2002. This Warrant Certificate certifies that [__________________] or registered assigns, is the registered holder of the number of Warrants set forth above expiring at 5:00 p.m., New York City time, on __________ __, __________ or, if such date is not a business day, the next succeeding business day (the "Warrants") to purchase Common Stock, par value $0.0001 per share (the "Common Stock"), of Brothers Gourmet Coffees, Inc., a Delaware corporation (the "Company"). The Common Stock issuable upon exercise of Warrants is hereinafter referred to as the "Warrant Stock." Subject to the immediately succeeding paragraph, each Warrant entitles the holder upon exercise to purchase from the Company on or before 5:00 p.m., New York City time, on __________ __, 2002 or, if such date is not a business day, the next succeeding business day, one share of Common Stock, at the purchase price of $1.50 per share, each subject to adjustment as set forth herein and in the Warrant Agreement dated as of December, 1997 (the "Warrant Agreement") by and between the Company and Xxxxxxx Xxxxx Credit Partners, Inc., a Bermuda corporation in whole or in part on and subject to the terms and conditions set forth herein and in the Warrant Agreement. Such purchase shall be payable in lawful money of the United States of America by certified or official bank check or wire transfer or any combination thereof to the order of the Company at the principal office of the Company, but only subject to the conditions set forth herein and in the Warrant Agreement. The number of shares of Common Stock for which each Warrant is exercisable, and the price at which such shares may be purchased upon exercise of each Warrant, are subject to adjustment upon the occurrence of certain events as set forth in the Warrant Agreement. Whenever the number of shares of Common Stock for which a Warrant is exercisable, or the price at which a share of such Common Stock may be purchased upon exercise of the Warrants, is adjusted pursuant to the Warrant Agreement, the Company shall cause to be given to each of the registered holders of the Warrants at such holders' addresses appearing on the warrant register written notice of such adjustment by first class mail postage pre-paid. No Warrant may be exercised before __________ p.m., New York City time, on __________ __, 1997 or after 5:00 p.m., New York City time, on __________ __, 2002 or, if such date is not a business day, the next succeeding business day, and to the extent not exercised by such time such Warrants shall become void. Reference is hereby made to the further provisions of this Warrant Certificate set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as though fully set forth at this place. THIS WARRANT CERTIFICATE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE PROVISIONS THEREOF RELATING TO CONFLICT OF LAWS.

Number of Warrants. See Reverse MCM CAPITAL GROUP, INC., a corporation organized and existing under the laws of the State of Delaware (the "Company"), hereby certifies that, for Certain Definitions Exercisable from and after __________ __value received, __________ until 5:00 p.m.--------------------------, New York City time on __________ __, 2002. This Warrant Certificate certifies that [__________________] or its registered assigns, is the registered holder of the number of Warrants set forth above expiring at 5:00 p.m., New York City time, on __________ __, __________ or, if such date is not a business day, the next succeeding business day (the "Warrants") ). Each Warrant shall entitle the registered holder thereof (the "Holder"), during the time periods specified below and subject to purchase the provisions contained herein and in the Warrant Agreement (as defined below), to receive from the Company one share of Common Stock, par value $0.0001 0.01 per share share, of the Company (the "Common Stock"), of Brothers Gourmet Coffees, Inc., a Delaware corporation (the "Company"). The Common Stock issuable upon exercise of Warrants is hereinafter referred to as the "Warrant Stock." Subject to the immediately succeeding paragraph, each Warrant entitles the holder upon exercise to purchase from the Company on or before 5:00 p.m., New York City time, on __________ __, 2002 or, if such date is not a business day, the next succeeding business day, one share of Common Stock, at the purchase price of $1.50 per share, each subject to adjustment as set forth herein and in the Warrant Agreement dated as of December, 1997 (the "Warrant Agreement") by and between the Company and Xxxxxxx Xxxxx Credit Partners, Inc., a Bermuda corporation in whole or in part on and subject to the terms and conditions set forth herein and in the Warrant Agreement. Such purchase shall be payable in lawful money of the United States of America by certified or official bank check or wire transfer or any combination thereof to the order of the Company at the principal office of the Company, but only subject to the conditions set forth herein and in the Warrant Agreement. The number of shares of Common Stock for which each Warrant is exercisable, and the price at which such shares may be purchased upon exercise of each Warrant, are subject to adjustment upon the occurrence of certain events as set forth more fully described in the Warrant Agreement, at an exercise price of $0.01 per share. Whenever The Warrants shall be exercisable beginning on the number date of shares of Common Stock for which a issuance through October 31, 2005 (the "Expiration Date"). This Warrant is exercisable, or the price at which a share of such Common Stock may be purchased upon exercise Certificate shall terminate and become void as of the Warrants, close of business on the Expiration Date. This Warrant Certificate is adjusted pursuant to issued under and in accordance with the Warrant Agreement, dated as of October 31, 2000 (as thereafter amended, modified or supplemented, the "Warrant Agreement"), among the Company shall cause to be given to each of and the registered holders of the Warrants at such holders' addresses appearing on the warrant register written notice of such adjustment by first class mail postage pre-paid. No Warrant may be exercised before __________ p.m., New York City time, on __________ __, 1997 or after 5:00 p.m., New York City time, on __________ __, 2002 or, if such date is not a business day, the next succeeding business dayLender (as defined therein), and is subject to the extent not exercised terms and provisions contained in the Warrant Agreement, to all of which terms and provisions the Holder of this Warrant Certificate consents by such time such Warrants shall become voidacceptance hereof, which applicable terms and provisions are hereby incorporated herein by reference and made a part hereof. Reference is hereby made to the further provisions Warrant Agreement for a full statement of the respective rights, limitations of rights, duties and obligations thereunder of the Company and the Holders of the Warrants. The number of shares of Common Stock issuable upon the exercise of each Warrant is subject to adjustment as provided in the Warrant Agreement. All shares of Common Stock issuable by the Company upon the exercise of Warrants shall, upon such issuance and upon payment of the Exercise Price in accordance with the terms set forth in the Warrant Agreement, be duly and validly issued and fully paid and non-assessable. In order to exercise a Warrant, the Holder hereof must surrender this Warrant Certificate set forth on at the reverse side office of the Company, with the Form of Election to Purchase attached hereto appropriately completed and duly executed by the Holder hereof, all subject to the terms and conditions hereof and such further provisions of the Warrant Agreement. All capitalized terms used in this Warrant Certificate that are not defined herein shall for all purposes have the same effect as though fully set forth meanings assigned to them in the Warrant Agreement. Copies of the Warrant Agreement are on file at this place. THIS WARRANT CERTIFICATE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORKthe office of the Company and may be obtained by writing to the Company at MCM Capital Group, WITHOUT REGARD TO THE PROVISIONS THEREOF RELATING TO CONFLICT OF LAWSInc., 5775 Roscoe Court, San Diego, California 92123, Attention: Secretary.

Number of Warrants. CUSIP No. See Reverse for Certain Definitions Exercisable from and after __________ __September 26, __________ 1997 until 5:00 p.m., New York City time time, on __________ __September 26, 20022005. This Warrant Certificate certifies that [__________________] __, or registered assigns, is the registered holder of the number of Warrants set forth above above, expiring at 5:00 p.m., New York City time, on __________ __September 26, __________ 2005 or, if such date is not a business dayBusiness Day, the next succeeding business day Business Day (the "Warrants") Warrants ), to purchase Common Stock, par value $0.0001 0.01 per share (the "Common Stock"Stock ), of Edison Brothers Gourmet CoffeesStores, Inc., a Delaware corporation (the "Company"Company ). The Common Stock issuable upon exercise of Warrants is hereinafter referred to as the "Warrant Stock." . Subject to the immediately succeeding paragraph, each Warrant entitles the holder upon exercise to purchase from the Company on or before 5:00 p.m., New York City time, on __________ __September 26, 2002 2005, or, if such date is not a business dayBusiness Day, the next succeeding business dayBusiness Day, one share of Common Stock, at the purchase price of $1.50 per share, each subject to adjustment as set forth herein and in the Warrant Agreement dated as of DecemberSeptember 26, 1997 (the "Warrant Agreement"Agreement ) by and between the Company and Xxxxxxx Xxxxx Credit PartnersChaseMellon Shareholder Services, Inc.L.L.C., a Bermuda corporation as warrant agent (the Warrant Agent ), in whole or in part part, at the initial purchase price of $16.40 per share, on and subject to the terms and conditions set forth herein and in the Warrant Agreement. Such purchase shall be payable in lawful money of the United States of America by certified or official bank check or wire transfer or any combination thereof to the order of the Warrant Agent for the account of the Company at the principal office of the CompanyWarrant Agent, but only subject to the conditions set forth herein and in the Warrant Agreement. The number of shares of Common Stock for which each Warrant is exercisable, and the price at which such shares may be purchased upon exercise of each Warrant, are subject to adjustment upon the occurrence of certain events as set forth in the Warrant Agreement. Whenever the number of shares of Common Stock for which a Warrant is exercisable, or the price at which a share of such Common Stock may be purchased upon exercise of the Warrants, is adjusted pursuant to the Warrant Agreement, the Company shall cause to be given to each of the registered holders of the Warrants at such holders' addresses appearing on the warrant Warrant register written notice of such adjustment by first class mail postage pre-paid. No Warrant may be exercised before __________ 1:00 p.m., New York City time, on __________ __September 26, 1997 1997, or after 5:00 p.m., New York City time, on __________ __September 26, 2002 2005 or, if such date is not a business dayBusiness Day, the next succeeding business dayBusiness Day, and to the extent not exercised by such time such Warrants shall become void. Reference is hereby made to the further provisions of this Warrant Certificate set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as though fully set forth at this place. This Warrant Certificate shall not be valid unless countersigned by the Warrant Agent. THIS WARRANT CERTIFICATE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORKDELAWARE, WITHOUT REGARD TO THE PROVISIONS THEREOF RELATING TO CONFLICT OF LAWS.

Number of Warrants. CUSIP No. -------------------------------------------------------------------------------- See Reverse for Certain Definitions Exercisable from and after __________ ___, until 5:00 p.m. ________, __________ until 5:00 p.m._, New York City time on __________ , __, 2002__. This Warrant Certificate certifies that [__________________] __, or registered assigns, is the registered holder of the number of Warrants set forth above above, expiring at 5:00 p.m., New York City ___________ , time, on __________ ___, __________ or, if such date is not a business dayBusiness Day, the next succeeding business day Business Day (the "Warrants") ), to purchase Common Stock, par value $0.0001 0.01 per share (the "Common Stock"), of Edison Brothers Gourmet CoffeesStores, Inc., a Delaware corporation (the "Company"). The Common Stock issuable upon exercise of Warrants is hereinafter referred to as the "Warrant Stock." Subject to the immediately succeeding paragraph, each Warrant entitles the holder upon exercise to purchase from the Company on or before 5:00 p.m., New York City time, on _____, ____ time, on _____ __, 2002 _____or, if such date is not a business dayBusiness Day, the next succeeding business dayBusiness Day, one share _______ shares of Common Stock, at the purchase price of $1.50 per share, each subject to adjustment as set forth herein and in the Warrant Agreement dated as of December_________, 1997 (the "Warrant Agreement") by and between the Company and Xxxxxxx Xxxxx Credit Partners, Inc.___________, a Bermuda corporation _______ corporation, as warrant agent (the "Warrant Agent"), in whole or in part part, at the initial purchase price of $16.40 per share, on and subject to the terms and conditions set forth herein and in the Warrant Agreement. Such purchase shall be payable in lawful money of the United States of America by certified or official bank check or wire transfer or any combination thereof to the order of the Warrant Agent for the account of the Company at the principal office of the CompanyWarrant Agent, but only subject to the conditions set forth herein and in the Warrant Agreement. The number of shares of Common Stock for which each Warrant is exercisable, and the price at which such shares may be purchased upon exercise of each Warrant, are subject to adjustment upon the occurrence of certain events as set forth in the Warrant Agreement. Whenever the number of shares of Common Stock for which a Warrant is exercisable, or the price at which a share of such Common Stock may be purchased upon exercise of the Warrants, is adjusted pursuant to the Warrant Agreement, the Company shall cause to be given to each of the registered holders of the Warrants at such holders' addresses appearing on the warrant Warrant register written notice of such adjustment by first class mail postage pre-paid. No Warrant may be exercised before _____ p.m., _______, ________ time, on , _______, or after 5:00 p.m., New York City ________, ______ time, on __________ __, 1997 or after 5:00 p.m., New York City time, on __________ __, 2002 or, if such date is not a business dayBusiness Day, the next succeeding business dayBusiness Day, and to the extent not exercised by such time such Warrants shall become void. Reference is hereby made to the further provisions of this Warrant Certificate set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as though fully set forth at this place. This Warrant Certificate shall not be valid unless countersigned by the Warrant Agent. THIS WARRANT CERTIFICATE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORKDELAWARE, WITHOUT REGARD TO THE PROVISIONS THEREOF RELATING TO CONFLICT OF LAWS.

Number of Warrants. CUSIP No. -------------------------------------------------------------------------------- See Reverse for Certain Definitions Exercisable from and after __________ __, __________ the Vesting Date (as defined below) until 5:00 p.m., New York City time on __________ __the later of (a) , 20022003 and (b) the 30th day after the Vesting Date, or, if such date is not a business day, the next succeeding business day. This Warrant Certificate certifies that [__________________] __, or registered assigns, is the registered holder of the number of Warrants set forth above expiring at 5:00 p.m., New York City time, on __________ __, __________ 2003 or, if such date is not a business day, the next succeeding business day (the "Warrants") to purchase [Class A Common Stock/Class B Common Stock], par value $0.0001 0.01 per share (collectively, the "Common Stock"), of Brothers Gourmet CoffeesCHI Energy, Inc., a Delaware corporation (the "Company"), subject to vesting of such Warrants as provided in the Warrant Agreement referred to below. The Common Stock issuable upon exercise of Warrants is hereinafter referred to as the "Warrant Stock." Subject to the immediately succeeding paragraph, each Warrant entitles the holder upon exercise to purchase from the Company on or before at any time from and after any date such Warrant vests (the "Vesting Date") as provided in the Warrant Agreement referred to below, but not after 5:00 p.m., New York City time, on ___the later of (a) _______ ___, 2002 2003, and (b) the 30th day after the Vesting Date of such Warrants, or, if such date is not a business day, the next succeeding business day, one share of Common Stock, at the purchase price of $1.50 per share, each subject to adjustment as set forth herein and in the Warrant Agreement dated as of December, 1997 (the "Warrant Agreement") by and between the Company and Xxxxxxx Xxxxx Credit Partners, Inc., a Bermuda corporation corporation, as warrant agent (the "Warrant Agent"), in whole or in part part, at the initial purchase price of $[_____] per share, on and subject to the terms and conditions set forth herein and in the Warrant Agreement. Such purchase shall be payable in lawful money of the United States of America by certified or official bank check or wire transfer or any combination thereof to the order of the Warrant Agent for the account of the Company at the principal office of the CompanyWarrant Agent, but only subject to the conditions set forth herein and in the Warrant Agreement. The number of shares of Common Stock for which each Warrant is exercisable, and the price at which such shares may be purchased upon exercise of each Warrant, are subject to adjustment upon the occurrence of certain events as set forth in the Warrant Agreement. Whenever the number of shares of Common Stock for which a Warrant is exercisable, or the price at which a share of such Common Stock may be purchased upon exercise of the Warrants, is adjusted pursuant to the Warrant Agreement, the Company shall cause to be given to each of the registered holders of the Warrants at such holders' addresses appearing on the warrant Warrant register written notice of such adjustment by first class mail postage pre-paid. No Warrant may be exercised before __________ 5:00 p.m., New York City time, on ___the Vesting Date, or after the later to occur of 5:00 p.m., New York City time, on (a) _______ __, 1997 or after 5:00 p.m., New York City time, on __________ __, 2002 2003, and (b) the 30th day after the Vesting Date of such Warrants, or, if such date is not a business day, the next succeeding business day, and to the extent not exercised by such time such Warrants shall become void. Reference is hereby made to the further provisions of this Warrant Certificate set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as though fully set forth at this place. This Warrant Certificate shall not be valid unless countersigned by the Warrant Agent. THIS WARRANT CERTIFICATE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORKDELAWARE, WITHOUT REGARD TO THE PROVISIONS THEREOF RELATING TO CONFLICT OF LAWS.

Number of Warrants. See Reverse for Certain Definitions Exercisable from and after __________ __, __________ until 5:00 p.m., New York City time on __________ __, 20022005. This Warrant Certificate certifies that [__________________] or registered assigns, is the registered holder of the number of Warrants set forth above expiring at 5:00 p.m., New York City time, on __________ __, __________ or, if such date is not a business day, the next succeeding business day (the "Warrants") to purchase Common Stock, par value $0.0001 [ ] per share (the "Common Stock"), of Brothers Gourmet CoffeesRestoration Hardware, Inc., a Delaware corporation (the "Company"). The Common Stock issuable upon exercise of Warrants is hereinafter referred to as the "Warrant Stock." Subject to the immediately succeeding paragraph, each Warrant entitles the holder upon exercise to purchase from the Company on or before 5:00 p.m., New York City time, on __________ __, 2002 2005 or, if such date is not a business day, the next succeeding business day, one share of Common Stock, at the purchase price of $1.50 ____ per share, each subject to adjustment as set forth herein and in the Warrant Agreement dated as of DecemberSeptember __, 1997 2000 (the "Warrant Agreement") by and between among the Company Company, Goldxxx Xxxhx & Xo. and Xxxxxxx Xxxxx Credit PartnersEnhanced Retail Funding, Inc.LLC, a Bermuda corporation in whole or in part on and subject to the terms and conditions set forth herein and in the Warrant Agreement. Such purchase shall be payable in lawful money of the United States of America by certified or official bank check or wire transfer or any combination thereof to the order of the Company at the principal office of the Company, but only subject to the conditions set forth herein and in the Warrant Agreement. The number of shares of Common Stock for which each Warrant is exercisable, and the price at which such shares may be purchased upon exercise of each Warrant, are subject to adjustment upon the occurrence of certain events as set forth in the Warrant Agreement. Whenever the number of shares of Common Stock for which a Warrant is exercisable, or the price at which a share of such Common Stock may be purchased upon exercise of the Warrants, is adjusted pursuant to the Warrant Agreement, the Company shall cause to be given to each of the registered holders of the Warrants at such holders' addresses appearing on the warrant register written notice of such adjustment by first class mail postage pre-paid. No Warrant may be exercised before __________ p.m., New York City time, on __________ __, 1997 or after 5:00 p.m., New York City time, on __________ __, 2002 or, if such date is not a business day, the next succeeding business day, and to the extent not exercised by such time such Warrants shall become void. Reference is hereby made to the further provisions of this Warrant Certificate set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as though fully set forth at this place. THIS WARRANT CERTIFICATE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE PROVISIONS THEREOF RELATING TO CONFLICT OF LAWS.

Number of Warrants. CUSIP No. -------------------------------------------------------------------------------- See Reverse for Certain Definitions Exercisable from and after __________ __, __________ until 5:00 p.m., New York City time on __________ __, 20022005. This Warrant Certificate certifies that [__________________[ ] or registered assigns, is the registered holder of the number of Warrants set forth above expiring at 5:00 p.m., New York City time, on __________ __, __________ or, if such date is not a business day, the next succeeding business day (the "Warrants") to purchase Common Stock, par value $0.0001 1.00 per share (the "New Common Stock"), of Brothers Gourmet Coffees, Inc.Xxxxxx Corporation, a Delaware corporation (the "Company"). The New Common Stock issuable upon exercise of Warrants is hereinafter referred to as the "Warrant StockShares." Subject to the immediately succeeding paragraph, each Warrant entitles the holder upon exercise to purchase from the Company on or before 5:00 p.m., New York City time, on __________ __, 2002 2005 or, if such date is not a business day, the next succeeding business day, one share of New Common Stock, at the purchase price of $1.50 6.2648 per share, each subject to adjustment as set forth herein and in the Warrant Agreement dated as of December_________, 1997 1998 (the "Warrant Agreement") by and between the Company and Xxxxxxx Xxxxx Credit Partners, Inc.__________, a Bermuda corporation ___________ corporation, as warrant agent (the "Warrant Agent") in whole or in part on and subject to the terms and conditions set forth herein and in the Warrant Agreement. Such purchase shall be payable in lawful money of the United States of America by certified or official bank check or wire transfer or any combination thereof to the order of the Warrant Agent for the account of the Company at the principal office of the CompanyWarrant Agent, but only subject to the conditions set forth herein and in the Warrant Agreement. The number of shares of New Common Stock for which each Warrant is exercisable, and the price at which such shares may be purchased upon exercise of each Warrant, are subject to adjustment upon the occurrence of certain events as set forth in the Warrant Agreement. Whenever the number of shares of New Common Stock for which a Warrant is exercisable, or the price at which a share of such New Common Stock may be purchased upon exercise of the Warrants, is adjusted pursuant to the Warrant Agreement, the Company shall cause to be given to each of the registered holders of the Warrants at such holders' addresses appearing on the warrant register written notice of such adjustment by first class mail postage pre-paid. No Warrant may be exercised before __________ p.m., New York City time, on __________ __, 1997 1998 or after 5:00 p.m., New York City time, on __________ __, 2002 2005 or, if such date is not a business day, the next succeeding business day, and to the extent not exercised by such time such Warrants shall become void. Reference is hereby made to the further provisions of this Warrant Certificate set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as though fully set forth at this place. This Warrant Certificate shall not be valid unless countersigned by the Warrant Agent. THIS WARRANT CERTIFICATE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE PROVISIONS THEREOF RELATING TO CONFLICT OF LAWS.