Common use of Offer to Amend and Exercise Acceptance Procedures Clause in Contracts

Offer to Amend and Exercise Acceptance Procedures. The Offer Materials shall set forth the procedures for holders of Original Warrants to participate in the Offer to Amend and Exercise and to exercise their Amended Warrants. a. The Offer to Amend and Exercise will commence on the date the Offer Materials are first sent to the Warrant Holders (the “Offer Date”) and will expire on the date that is 20 business days following the Offer Date, as may be extended by the Company in its sole discretion (the “Expiration Date”). b. In order to participate in the Offer to Amend and Exercise and exercise an Amended Warrant, the Warrant Holder must deliver to the Company before the Expiration Date all of the Acceptance and Exercise Documents (as defined below) and deliver the exercise price for such exercised Amended Warrants by check or wire transfer to a non-interest bearing escrow account (the “Escrow Account”) maintained by the escrow agent designated by the Company for such purpose (the “Escrow Agent”). The “Acceptance and Exercise Documents” mean (i) a signed copy of the Election to Consent, Participate and Exercise Warrant, (ii) a signed accredited investor questionnaire, (iii) the original copy of the Warrant Holder’s Original Warrant (or an Affidavit of Loss and Indemnification Agreement) for cancellation and (iv) receipt of the Exercise Price in the Escrow Account.

Offer to Amend and Exercise Acceptance Procedures. The Offer Materials shall set forth the procedures for holders of Original Warrants to participate in the Offer to Amend and Exercise and to exercise their Amended Warrants. a. The Offer to Amend and Exercise will commence on the date the Offer Materials are first sent to the Warrant Holders (the “Offer Date”) and will expire on the date that is 20 twenty (20) business days following the Offer Date, as may be extended by the Company in its sole discretion discretion, or as required by applicable law (the “Expiration Date”). b. In order to participate in the Offer to Amend and Exercise and exercise an Amended Warrant, the Warrant Holder must deliver to the Company before the Expiration Date all of the Acceptance and Exercise Documents (as defined below) and deliver the exercise price for such exercised Amended Warrants by check or wire transfer to a non-interest bearing escrow account (the “Escrow Account”) maintained by the escrow agent designated by the Company for such purpose (the “Escrow Agent”). The “Acceptance and Exercise Documents” mean (i) a signed copy of the Election to Consent, Participate and Exercise Warrant, (ii) a signed accredited investor questionnaire, (iii) the original copy of the Warrant Holder’s Original Warrant (or an Affidavit of Loss and Indemnification Agreement) for cancellation and cancellation, (iv) receipt of the Exercise Price in the Escrow Account, and (v) any other document deemed necessary by the Company in its sole discretion.

Offer to Amend and Exercise Acceptance Procedures. The Offer Materials shall set forth the procedures for holders Eligible Holders of Original Warrants to participate in the Offer to Amend and Exercise and to exercise their Amended Warrants. a. The Offer to Amend and Exercise will commence on the date the Offer Materials are first sent to the Warrant Eligible Holders (the “Offer Date”) and will expire on the date that is 20 business days following the Offer DateOctober 13, 2017, as may be extended by the Company in its sole discretion (the “Expiration Date”). b. In order to participate in the Offer to Amend and Exercise and exercise an Amended Warrant, the Warrant Eligible Holder must deliver to the Company before the Expiration Date all of the Acceptance and Exercise Documents (as defined below) and deliver the exercise price for such exercised Amended Warrants by check or wire transfer to a non-interest bearing escrow account (the “Escrow Account”) maintained by the escrow agent designated by the Company for such purpose (the “Escrow Agent”). The “Acceptance and Exercise Documents” mean (i) a signed copy of the Election to Consent, Participate and Exercise Warrant, (ii) a signed accredited investor questionnaire, (iii) the original copy of the Warrant Eligible Holder’s Original Warrant either physically or, in the case of IPO Warrants, via DTC (or an Affidavit of Loss and Indemnification Agreement) for cancellation and (iviii) receipt of the Exercise Price in the Escrow Account.

Offer to Amend and Exercise Acceptance Procedures. The Offer Materials shall set forth the procedures for holders of Original Warrants to participate in the Offer to Amend and Exercise and to exercise their Amended Warrants. a. (a) The Offer to Amend and Exercise will commence on the date the Offer Materials are first sent to the Warrant Holders (the “Offer Date”) and will expire on the date that is 20 at least twenty (20) business days following the Offer Date, as may be extended by the Company in its sole discretion discretion, or as required by applicable law (the “Expiration Date”). b. (b) In order to participate in the Offer to Amend and Exercise and exercise an Amended Warrant, the Warrant Holder must deliver to the Company before the Expiration Date all of the Acceptance and Exercise Documents (as defined below) and deliver the exercise price for such exercised Amended Warrants by check or wire transfer to a non-interest bearing escrow account (the “Escrow Account”) maintained by the escrow agent designated by the Company for such purpose (the “Escrow Agent”). The “Acceptance and Exercise Documents” mean (i) a signed copy of the Election to Consent, Participate and Exercise Warrant, (ii) a signed accredited investor questionnaire, (iii) the original copy of the Warrant Holder’s Original Warrant (or an Affidavit of Loss and Indemnification Agreement) for cancellation and cancellation, (iv) receipt of the Exercise Price in the Escrow Account, and (v) any other document deemed necessary by the Company in its sole discretion.