Common use of Payment for Warrant Shares Clause in Contracts

Payment for Warrant Shares. (a) Payment of the aggregate Warrant Price for Warrant Shares to be purchased upon exercise of all or a portion of this Warrant shall be made in full by delivery to the Company, at its address set forth in Section 4.6 hereof or at such other address as the Company may designate by notice in writing to the Warrantholder, of a certified or bank cashier's check or by wire transfer to an account in the United States designated by the Company. (b) Payment of the aggregate Warrant Price may also be made in full by (i) delivery to the Company of shares of Preferred Stock beneficially owned by the Warrantholder, plus accumulated dividends thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (ii) delivery to the Company of Convertible Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (iii) delivery to the Company of Subordinated Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price or (iv) a combination of cash (payable by wire transfer or certified or bank check), shares of Preferred Stock, Convertible Notes or Subordinated Notes beneficially owned by such Warrantholder and such accumulated dividends or accrued interest, as the case may be, in an aggregate principal amount equal to the aggregate Warrant Price. Any shares of Preferred Stock or Subordinated Notes surrendered for exchange hereunder shall be, if so required by the Company, accompanied by a written instrument or instruments of transfer in form satisfactory to the Company duly delivered by the Warrantholder. (c) Notwithstanding any provisions herein to the contrary, if the Fair Market Value of one share of Common Stock is greater than the Warrant Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Warrantholder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof, which portion shall be canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Subscription Form annexed hereto and notice of such election in which event the Company shall issue to the Warrantholder a number of shares of Common Stock computed using the following formula: X = Y(A-B) A Where X = the number of shares of Common Stock to be issued to the Warrantholder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (at the date of such calculation) A = the Fair Market Value of one share of the Common Stock (at the date of such calculation) B = Warrant Price (as adjusted to the date of such calculation)

Payment for Warrant Shares. The rights represented by this Warrant may be exercised at any time after April 12, 1999, and prior to the Expiration Date, by the Warrantholder, in whole or in part (but not as to any fractional share of Common Stock), by: (a) Payment delivery to the Company of a completed Subscription Form, (b) surrender to the aggregate Warrant Price for Warrant Shares to be purchased upon exercise of all or a portion Company of this Warrant shall be made in full by properly endorsed and signature guaranteed, and (c) delivery to the CompanyCompany of a certified or cashier's check made payable to the Company in an amount equal to the aggregate Purchase Price of the shares of Common Stock being purchased, at its address set forth principal office or agency in Section 4.6 hereof Minnesota (or at such other address office or agency of the Company as the Company may designate by notice in writing to the Warrantholder, of a certified or bank cashier's check or by wire transfer to an account in holder hereof). The Company agrees and acknowledges that the United States designated by the Company. (b) Payment of the aggregate Warrant Price may also be made in full by (i) delivery to the Company of shares of Preferred Stock beneficially owned by the Warrantholder, plus accumulated dividends thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (ii) delivery to the Company of Convertible Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (iii) delivery to the Company of Subordinated Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price or (iv) a combination of cash (payable by wire transfer or certified or bank check), shares of Preferred Stock, Convertible Notes or Subordinated Notes beneficially owned by such Warrantholder and such accumulated dividends or accrued interest, as the case may be, in an aggregate principal amount equal to the aggregate Warrant Price. Any shares of Preferred Stock or Subordinated Notes surrendered for exchange hereunder shall be, if so required by the Company, accompanied by a written instrument or instruments of transfer in form satisfactory to the Company duly delivered by the Warrantholder. (c) Notwithstanding any provisions herein to the contrary, if the Fair Market Value of one share of Common Stock is greater than so purchased shall be deemed to be issued to the Warrant Price (at holder hereof as the record owner of such shares as of the close of business on the date of calculation on which this Warrant, properly endorsed, and the Subscription Form shall have been surrendered and payment made for such shares as set forth below), in lieu of exercising this Warrant for cashaforesaid. Upon receipt thereof, the Warrantholder may elect Company shall, as promptly as practicable, and in any event within fifteen (15) days thereafter, execute or cause to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof, which portion shall be canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Subscription Form annexed hereto executed and notice of such election in which event the Company shall issue deliver to the Warrantholder a certificate or certificates representing the aggregate number of shares of Common Stock computed using specified in said Subscription Form. Each stock certificate so delivered shall be in such denomination as may be requested by the following formula: X = Y(A-B) A Where X = Warrantholder and shall be registered in the number name of the Warrantholder or such other name as shall be designated by the Warrantholder. If this Warrant shall have been exercised only in part, the Company shall, at the time of delivery of said stock certificate or certificates, deliver to the Warrantholder a new Warrant evidencing the rights of such holder to purchase the remaining shares of Common Stock covered by this Warrant. The Company shall pay all expenses, taxes, and other charges payable in connection with the preparation, execution, and delivery of stock certificates pursuant to this Section 2, except that, in case any such stock certificate or certificates shall be issued registered in a name or names other than the name of the Warrantholder, funds sufficient to pay all stock transfer taxes which shall be payable upon the execution and delivery of such stock certificate or certificates shall be paid by the Warrantholder to the Warrantholder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (Company at the date time of such calculation) A = the Fair Market Value of one share of the Common Stock (at the date of such calculation) B = delivering this Warrant Price (as adjusted to the date of such calculation)Company as mentioned above.

Payment for Warrant Shares. (a) Payment of the aggregate Warrant Price for Warrant Shares to be purchased upon exercise of all or a portion of this Warrant shall be made in full by delivery to the Company, at its address set forth in Section 4.6 hereof or at such other address as the Company may designate by notice in writing to the Warrantholder, of a certified or bank cashier's check or by wire transfer to an account in the United States designated by the Company.bank (b) Payment of the aggregate Warrant Price may also be made in full by (i) delivery to the Company of shares of Preferred Stock beneficially owned by the Warrantholder, plus accumulated dividends thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (ii) delivery to the Company of Convertible Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (iii) delivery to the Company of Subordinated Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price or (iv) a combination of cash (payable by wire transfer or certified or bank check), shares of Preferred Stock, Convertible Notes or Subordinated Notes beneficially owned by such Warrantholder and such accumulated dividends or accrued interest, as the case may be, in an aggregate principal amount equal to the aggregate Warrant Price. Any shares of Preferred Stock or Convertible Notes or Subordinated Notes surrendered for exchange hereunder shall be, if so required by the Company, accompanied by a written instrument or instruments of transfer in form satisfactory to the Company duly delivered by the Warrantholder. (c) Notwithstanding any provisions herein to the contrary, if the Fair Market Value of one share of Common Stock is greater than the Warrant Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Warrantholder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof, which portion shall be canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Subscription Form annexed hereto and notice of such election in which event the Company shall issue to the Warrantholder a number of shares of Common Stock computed using the following formula: X = Y(A-B) X = ------ A Where X = the number of shares of Common Stock to be issued to the Warrantholder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (at the date of such calculation) A = the Fair Market Value of one share of the Common Stock (at the date of such calculation) B = Warrant Price (as adjusted to the date of such calculation)) ADJUSTMENT OF WARRANT PRICE OR WARRANT SHARES

Payment for Warrant Shares. (a) Payment of the aggregate Warrant Price for Warrant Shares to be purchased upon exercise of all or a portion of this Warrant shall be made in full by delivery to the Company, at its address set forth in Section 4.6 hereof or at such other address as the Company may designate by notice in writing to the Warrantholder, of a certified or bank cashier's check or by wire transfer to an account in the United States designated by the Company. (b) Payment of the aggregate Warrant Price may also be made in full by (i) delivery to the Company of shares of Preferred Stock beneficially owned by the Warrantholder, plus accumulated dividends thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (ii) delivery to the Company of Convertible Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (iiiii) delivery to the Company of Subordinated Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price or (iviii) a combination of cash (payable by wire transfer or certified or bank check), shares of Preferred Stock, Convertible Notes or Subordinated Notes beneficially owned by such Warrantholder and such accumulated dividends or accrued interest, as the case may be, in an aggregate principal amount equal to the aggregate Warrant Price. Any shares of Preferred Stock Convertible Notes or Subordinated Notes surrendered for exchange hereunder shall be, if so required by the Company, accompanied by a written instrument or instruments of transfer in form satisfactory to the Company duly delivered by the Warrantholder. (c) Notwithstanding any provisions herein to the contrary, if the Fair Market Value of one share of Common Stock Depositary Share is greater than the Warrant Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Warrantholder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof, which portion shall be canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Subscription Form annexed hereto and notice of such election in which event the Company shall issue to the Warrantholder a number of shares of Common Stock Depositary Shares computed using the following formula: X = Y(A-B) ----- A Where X = the number of shares of Common Stock Depositary Shares to be issued to the Warrantholder Y = the number of shares of Common Stock Depositary Shares purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (at the date of such calculation) A = the Fair Market Value of one share of the Common Stock Depositary Share (at the date of such calculation) B = Warrant Price (as adjusted to the date of such calculation)

Payment for Warrant Shares. (a) Payment of the aggregate Warrant Price for Warrant Shares to be purchased upon exercise of all or a portion of this Warrant shall be made in full by delivery to the Company, at its address set forth in Section 4.6 hereof or at such other address as the Company may designate by notice in writing to the Warrantholder, of a certified or bank cashier's check or by wire transfer to an account in the United States designated by the Company. (b) Payment of the aggregate Warrant Price may also be made in full by (i) delivery to the Company of shares of Preferred Stock beneficially owned by the Warrantholder, plus accumulated dividends thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (ii) delivery to the Company of Convertible Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (iiiii) delivery to the Company of Subordinated Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price or (iviii) a combination of cash (payable by wire transfer or certified or bank check), shares of Preferred Stock, Convertible Notes or Subordinated Notes beneficially owned by such Warrantholder and such accumulated dividends or accrued interest, as the case may be, in an aggregate principal amount equal to the aggregate Warrant Price. Any shares of Preferred Stock Convertible Notes or Subordinated Notes surrendered for exchange hereunder shall be, if so required by the Company, accompanied by a written instrument or instruments of transfer in form satisfactory to the Company duly delivered by the Warrantholder. (c) Notwithstanding any provisions herein to the contrary, if the Fair Market Value of one share of Common Stock Depositary Share is greater than the Warrant Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Warrantholder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof, which portion shall be canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Subscription Form annexed hereto and notice of such election in which event the Company shall issue to the Warrantholder a number of shares of Common Stock Depositary Shares computed using the following formula: X = Y(A-B) ------ A Where X = the number of shares of Common Stock Depositary Shares to be issued to the Warrantholder Y = the number of shares of Common Stock Depositary Shares purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (at the date of such calculation) A = the Fair Market Value of one share of the Common Stock Depositary Share (at the date of such calculation) B = Warrant Price (as adjusted to the date of such calculation)) ADJUSTMENT OF WARRANT PRICE OR WARRANT SHARES

Payment for Warrant Shares. The rights represented by this Warrant may be exercised at any time after the date hereof, and prior to the Expiration Date, by the Warrantholder, in whole or in part (but not as to any fractional share of Common Stock), by: (a) Payment delivery to the Company of a completed Subscription Form, (b) surrender to the aggregate Warrant Price for Warrant Shares to be purchased upon exercise of all or a portion Company of this Warrant shall be made in full by properly endorsed and signature guaranteed, and (c) delivery to the CompanyCompany of a certified or cashier's check made payable to the Company in an amount equal to the aggregate Purchase Price of the shares of Common Stock being purchased, at its address set forth principal office or agency in Section 4.6 hereof Minnesota (or at such other address office or agency of the Company as the Company may designate by notice in writing to the Warrantholder, of a certified or bank cashier's check or by wire transfer to an account in holder hereof). The Company agrees and acknowledges that the United States designated by the Company. (b) Payment of the aggregate Warrant Price may also be made in full by (i) delivery to the Company of shares of Preferred Stock beneficially owned by the Warrantholder, plus accumulated dividends thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (ii) delivery to the Company of Convertible Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price, (iii) delivery to the Company of Subordinated Notes plus accrued interest thereon, in an aggregate principal amount equal to the aggregate Warrant Price or (iv) a combination of cash (payable by wire transfer or certified or bank check), shares of Preferred Stock, Convertible Notes or Subordinated Notes beneficially owned by such Warrantholder and such accumulated dividends or accrued interest, as the case may be, in an aggregate principal amount equal to the aggregate Warrant Price. Any shares of Preferred Stock or Subordinated Notes surrendered for exchange hereunder shall be, if so required by the Company, accompanied by a written instrument or instruments of transfer in form satisfactory to the Company duly delivered by the Warrantholder. (c) Notwithstanding any provisions herein to the contrary, if the Fair Market Value of one share of Common Stock is greater than so purchased shall be deemed to be issued to the Warrant Price (at holder hereof as the record owner of such shares as of the close of business on the date of calculation on which this Warrant, properly endorsed, and the Subscription Form shall have been surrendered and payment made for such shares as set forth below), in lieu of exercising this Warrant for cashaforesaid. Upon receipt thereof, the Warrantholder may elect Company shall, as promptly as practicable, and in any event within fifteen (15) days thereafter, execute or cause to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof, which portion shall be canceled) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Subscription Form annexed hereto executed and notice of such election in which event the Company shall issue deliver to the Warrantholder a certificate or certificates representing the aggregate number of shares of Common Stock computed using specified in said Subscription Form. Each stock certificate so delivered shall be in such denomination as may be requested by the following formula: X = Y(A-B) A Where X = Warrantholder and shall be registered in the number name of the Warrantholder or such other name as shall be designated by the Warrantholder. If this Warrant shall have been exercised only in part, the Company shall, at the time of delivery of said stock certificate or certificates, deliver to the Warrantholder a new Warrant evidencing the rights of such holder to purchase the remaining shares of Common Stock covered by this Warrant. The Company shall pay all expenses, taxes, and other charges payable in connection with the preparation, execution, and delivery of stock certificates pursuant to this Section 2, except that, in case any such stock certificate or certificates shall be issued registered in a name or names other than the name of the Warrantholder, funds sufficient to pay all stock transfer taxes which shall be payable upon the execution and delivery of such stock certificate or certificates shall be paid by the Warrantholder to the Warrantholder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being canceled (Company at the date time of such calculation) A = the Fair Market Value of one share of the Common Stock (at the date of such calculation) B = delivering this Warrant Price (as adjusted to the date of such calculation)Company as mentioned above.