Common use of Payment of Repurchase Price Clause in Contracts

Payment of Repurchase Price. The purchase price for any repurchase pursuant to Section 13.1 (the "Repurchase Price") shall be determined pursuant to Section 13.1 and shall be payable in cash. On the date of any repurchase of Warrants and/or Warrant Stock pursuant to this Section 13, the Holder shall assign to the Company its Warrant or portion thereof being repurchased and a certificate for the number of shares of Warrant Stock being repurchased, as the case may be, without any representation or warranty (other than that the Holder has good and marketable title thereto, free and clear of liens, encumbrances and restrictions of any kind), by the surrender of the Holder's Warrant and certificate for Warrant Stock together with, in the case of Warrant Stock, instruments of transfer reasonably acceptable to the Company, at the principal office of the Company referred to in Section 2.1 against payment therefor of the Repurchase Price by, at the option of the Holder, (i) wire transfer to an account in a bank located in the United States designated by the Holder for such purpose or (ii) a certified or official bank check payable to the order of the Holder. If less than all of the Holder's Warrant is being repurchased, the Company shall, pursuant to Section 3, cancel such Warrant and issue in the name of, and deliver to, the Holder a new Warrant for the portion not being repurchased. If less than all of the shares represented by a certificate for Warrant Stock are being repurchased, the Company shall cancel such certificate and issue in the name of, and deliver to, the Holder a new certificate for the number of shares of Warrant Stock not being repurchased.

Payment of Repurchase Price. The purchase price (a) On or prior to 10:00 a.m., New York City time, on the Repurchase Date, the Company shall make payment for any repurchase pursuant the applicable portion of the Note to Section 13.1 (be repurchased at the "appropriate Repurchase Price", by wire transfer of immediately available funds to the account specified by the Holder in the Repurchase Notice. (b) shall be determined pursuant to Section 13.1 and shall be payable in cash. On If by 10:00 a.m., New York City time, on the date of any repurchase of Warrants and/or Warrant Stock pursuant to this Section 13Repurchase Date, the Holder shall assign has received payment for the applicable portion of the Note to be repurchased on such Repurchase Date in accordance with Section (a) above, then, with respect to the Company its Warrant or applicable portion thereof being repurchased and a certificate for the number of shares of Warrant Stock being repurchased, as the case may be, without any representation or warranty (other than that the Holder has good and marketable title thereto, free and clear of liens, encumbrances and restrictions of any kind), by the surrender of the Holder's Warrant Note that has been properly surrendered for repurchase and certificate for Warrant Stock together withnot validly withdrawn, in the case of Warrant Stock, instruments of transfer reasonably acceptable to the Company, at the principal office of the Company referred to in Section 2.1 against payment therefor of the on such Repurchase Price by, at the option of the HolderDate, (i) wire transfer such portion of the Note will cease to an account in a bank located be outstanding, (ii) interest will cease to accrue on such portion of the Note and (iii) in the United States designated event the entire outstanding amount of the Note is surrendered by the Holder for such purpose or (ii) a certified or official bank check payable to be repurchased, all other rights of the Holder with respect to the order Note will terminate (other than the right to receive the Repurchase Price). (c) In the event a portion of the Holder. If Note that is less than all of the Holder's Warrant entire outstanding amount is being repurchased, the Company shall, pursuant to Section 3, cancel such Warrant and issue in the name of, and deliver to, surrendered by the Holder a new Warrant for the portion not being repurchased. If less than all of the shares represented by a certificate for Warrant Stock are being to be repurchased, the Company shall cancel such certificate and issue in the name of, promptly execute and deliver to, to the Holder a new certificate for Note in an authorized denomination equal in principal amount to the number unrepurchased portion of shares the Note. 5.6 Covenant to Comply with Applicable Laws Upon Repurchase of Warrant Stock not being repurchasedthe Note. In connection with any repurchase offer, the Company will, if required, comply with all federal and state securities laws in connection with any offer by the Company to repurchase the Note so as to permit the rights and obligations under this ARTICLE 5 to be exercised in the time and in the manner specified in this ARTICLE 5. 5.

Payment of Repurchase Price. The purchase price Put Price for any repurchase of this Warrant or Warrant Shares pursuant to this Section 13.1 (the "Repurchase Price") shall be determined pursuant to Section 13.1 and 5 shall be payable in cashcash within one (1) day following the date of receipt by the Company of the Repurchase Notice. On the date of any repurchase of Warrants and/or any portion of this Warrant Stock pursuant to this Section 135, the Holder shall assign to the Company its this Warrant or portion thereof being repurchased and a certificate for the number of shares of Warrant Stock being repurchased, as the case may be, without any representation or warranty (other than that except as to title and the Holder has good and marketable title thereto, free and clear absence of liens, encumbrances and restrictions of any kind), by the surrender of the Holder's this Warrant and certificate for Warrant Stock together with, in the case of Warrant Stock, instruments of transfer reasonably acceptable to the Company, at the principal office of the Company referred to in Section 2.1 against payment therefor of the Repurchase Price bytherefor. On the date of any repurchase pursuant to this Section 5 of any Warrant Shares issued upon the exercise hereof, at the option holder thereof shall transfer to the Company the Warrant Shares being repurchased, without representation or warranty (except as to title and the absence of liens), by the surrender of a certificate or certificates representing such shares duly endorsed for transfer or accompanied by a duly-executed stock power against payment of the Holder, (i) Put Price therefor. Payment of the Put Price shall be made by wire transfer to an account in a bank located in the United States designated by the Holder or such holder of Warrant Shares for such purpose or (ii) a certified or official bank check payable to the order of the Holderpurpose. If less than all of the Holder's this Warrant is being repurchased, the Company shall, pursuant to Section 3, shall cancel such Warrant and issue in the name of, and deliver to, the Holder hereof a new Warrant for the portion not being repurchased. If , and if less than all of the shares Warrant Shares represented by a any certificate for Warrant Stock are being repurchased, the Company shall cancel such certificate and issue in the name of, and deliver to, the Holder a new certificate for to the number of holder representing the shares of Warrant Stock not being repurchased.