Common use of Partial Exercises of Physical Certificates Clause in Contracts

Partial Exercises of Physical Certificates. If only a portion of a Holder’s Warrants represented by a Physical Certificate (such Physical Certificate being referred to as the “old Physical Certificate” for purposes of this Section 3(h)(i)) is exercised pursuant to Section 5, then, as soon as reasonably practicable after such old Physical Certificate is surrendered for such exercise, the Company will cause such old Physical Certificate to be exchanged, pursuant and subject to Section 3(g)(ii), for (1) one or more Physical Certificates that each represent a whole number of Warrants and, in the aggregate, represent a total number of Warrants equal to the number of Warrants represented by such old Physical Certificate that are not to be so exercised and deliver such Physical Certificate(s) to such Holder; and (2) a Physical Certificate representing a whole number of Warrants equal to the number of Warrants represented by such old Physical Certificate that are to be so exercised, which Physical Certificate will be exercised pursuant to the terms of this Warrant Agreement; provided, however, that the Physical Certificate referred to in this clause (2) need not be issued at any time after which such Warrants subject to such exercise are deemed to cease to be outstanding pursuant to Section 3(m).

Partial Exercises of Physical Certificates. If only a portion less than all of the Underlying Shares of a Holder’s Warrants Warrant(s) represented by a Physical Certificate (such Physical Certificate being referred to as the “old Physical Certificate” for purposes of this Section 3(h)(i)) is exercised are Exercised pursuant to Section 5, then, as soon as reasonably practicable after such old Physical Certificate is surrendered for such exerciseExercise, the Company will cause such old Physical Certificate to be exchanged, pursuant and subject to Section 3(g)(ii), for (1) one or more Physical Certificates that each represent a whole number of one or more Warrants and, that in the aggregate, represent have a total number of Warrants Underlying Shares equal to the number of Warrants Underlying Shares of the Warrant(s) represented by such old Physical Certificate that are not to be so exercised Exercised and deliver such Physical Certificate(s) to such Holder; and (2) a Physical Certificate representing a whole Warrant having a total number of Warrants Underlying Shares equal to the number of Warrants Underlying Shares of the Warrant(s) represented by such old Physical Certificate that are to be so exercisedExercised, which Physical Certificate will be exercised Exercised pursuant to the terms of this Warrant Agreement; provided, however, that the Physical Certificate referred to in this clause (2) need not be issued at any time after which the Warrant that would otherwise be represented by such Warrants subject to such exercise are Physical Certificate would be deemed to cease to be outstanding pursuant to Section 3(m).

Partial Exercises of Physical Certificates. If only a portion less than all of the Underlying Shares of a Holder’s Warrants Warrant represented by a Physical Certificate (such Physical Certificate being referred to as the “old Physical Certificate” for purposes of this Section 3(h)(i)) is exercised are Exercised pursuant to Section 5, then, as soon as reasonably practicable after such old Physical Certificate is surrendered for such exerciseExercise, the Company will cause such old Physical Certificate to be exchanged, pursuant and subject to Section 3(g)(ii), for (1) one or more Physical Certificates that each represent a whole number of one or more Warrants andthat, in the aggregate, represent have a total number of Warrants Underlying Shares equal to the number of Warrants Underlying Shares of the Warrant represented by such old Physical Certificate that are not to be so exercised Exercised and deliver such Physical Certificate(s) to such Holder; and (2) a Physical Certificate representing a whole Warrant having a total number of Warrants Underlying Shares equal to the number of Warrants Underlying Shares of the Warrant represented by such old Physical Certificate that are to be so exercisedExercised, which Physical Certificate will be exercised Exercised pursuant to the terms of this Warrant Agreement; provided, however, that the Physical Certificate referred to in this clause (2) need not be issued at any time after which the Warrant that would otherwise be represented by such Warrants subject to such exercise are Physical Certificate would be deemed to cease to be outstanding pursuant to Section 3(m3(l).