Common use of on Exercise Clause in Contracts

on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith unless the stock transfer books of the Company shall then be closed (but, solely as required by applicable securities law or the regulations of the market on which the Company's Common Stock is traded), in which event such shares of Common Stock shall be deemed outstanding on the first day thereafter on which the stock transfer books of the Company shall then be open. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

on Exercise. The Company ------------------------------------------------ agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith unless the stock transfer books of the Company shall then be closed (but, solely as required by applicable securities law or the regulations of the market on which the Company's Common Stock is traded), in which event such shares of Common Stock shall be deemed outstanding on the first day thereafter on which the stock transfer books of the Company shall then be openaforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three five (35) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full shareshare of Common Stock, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the owner of record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith unless the stock transfer books of the Company shall then be closed (but, solely as required by applicable securities law or the regulations of the market on which the Company's Common Stock is traded), in which event such shares of Common Stock shall be deemed outstanding on the first day thereafter on which the stock transfer books of the Company shall then be openherewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause shall instruct its transfer agent for the Common Stock to be issued issue in the name of and delivered deliver to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable non-assessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exerciseexercise bearing a legend substantially in the form of the legend set forth on the first page of this Warrant, plus, in lieu of any fractional share to which such holder Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

on Exercise. The Company ------------------------------------------------- agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith unless the stock transfer books of the Company shall then be closed (but, solely as required by applicable securities law or the regulations of the market on which the Company's Common Stock is traded), in which event such shares of Common Stock shall be deemed outstanding on the first day thereafter on which the stock transfer books of the Company shall then be openaforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three four (34) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full shareshare of Common Stock, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise. 2.

on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith unless the stock transfer books of the Company shall then be closed (but, solely as required by applicable securities law or the regulations of the market on which the Company's Common Stock is traded), in which event such shares of Common Stock shall be deemed outstanding on the first day thereafter on which the stock transfer books of the Company shall then be open. a) As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days five Trading Days thereafter, upon the terms and subject to the conditions of this Warrant, the Company at its expense (including the payment by it of any applicable issue or stamp taxes) will cause to be issued in the name of and delivered to the Holder, or as such the Holder (upon payment by such the Holder of any applicable transfer taxes) may direct in compliance with applicable securities lawsdirect, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such the Holder shall be entitled on such exercise, in such denominations as may be requested by the Holder, which certificate or certificates shall be free of restrictive and trading legends (except to the extent permitted under Section 6.12 of the Purchase Agreement), plus, in lieu of any fractional share to which such holder the Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Current Fair Market Value of one full shareshare of Common Stock, together with any other stock or other securities and Other Securities or any property (including cash, where applicable) to which such the Holder is entitled upon such exercise pursuant to Section 1 2 or otherwise.. In lieu of delivering physical certificates for the shares of Common Stock or (Other Securities) issuable upon any exercise of this Warrant, provided the Company's transfer agent is participating in the Depository Trust Company ("DTC") Fast Automated Securities

on Exercise. The Company agrees that the shares of Common Stock issuable and purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith unless the stock transfer books of the Company shall then be closed (but, solely as required by applicable securities law or the regulations of the market on which the Company's Common Stock is traded), in which event such shares of Common Stock shall be deemed outstanding on the first day thereafter on which the stock transfer books of the Company shall then be openprovided for herein. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the HolderHolder hereof, or as such Holder (upon payment by such the Holder of any applicable transfer taxes) as the Holder may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such the Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder the Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full shareshare of Common Stock, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled to upon such the exercise pursuant to Section 1 or otherwiseof this Warrant.

on Exercise. The Company agrees agrees\ ------------------------------------------------- that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment shall have been made for such shares in accordance herewith unless the stock transfer books of the Company shall then be closed (but, solely as required by applicable securities law or the regulations of the market on which the Company's Common Stock is traded), in which event such shares of Common Stock shall be deemed outstanding on the first day thereafter on which the stock transfer books of the Company shall then be openherewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

on Exercise. The Company ------------------------------------------------ agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith unless the stock transfer books of the Company shall then be closed (but, solely as required by applicable securities law or the regulations of the market on which the Company's Common Stock is traded), in which event such shares of Common Stock shall be deemed outstanding on the first day thereafter on which the stock transfer books of the Company shall then be openaforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) 7 business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities lawsSecurities Laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

on Exercise. The Company ------------------------------------------------- agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith unless the stock transfer books of the Company shall then be closed (but, solely as required by applicable securities law or the regulations of the market on which the Company's Common Stock is traded), in which event such shares of Common Stock shall be deemed outstanding on the first day thereafter on which the stock transfer books of the Company shall then be openaforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full shareshare of Common Stock, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment shall have been made for such shares in accordance herewith unless so long as such surrender and payment has been made no later than 12:00 noon (New York time) on such business day and if received after 12:01 noon (New York time) on a business day the stock transfer books of the Company shall then be closed (but, solely as required by applicable securities law or the regulations of the market on which the Company's Common Stock is traded), in which event such shares of Common Stock shall be deemed outstanding issued on the first day thereafter on which the stock transfer books of the Company shall then be opennext business day. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable non-assessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.