Common use of Status as Warrantholder Clause in Contracts

Status as Warrantholder. Upon submission of a Notice of Exercise by Holder, the Prepaid Amount of this Warrant (other than any portion of this Warrant, if any, which cannot be exercised because the exercise thereof would exceed Holder's allocated portion of the Reserved Amount or Cap Amount) shall be deemed exercised for shares of Common Stock as of the Exercise Date and Holder's rights as a holder of this Warrant shall cease and terminate, excepting only the right to receive certificates for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to Holder because of a failure by the Corporation to comply with the terms of this Warrant. Notwithstanding the foregoing, if Holder has not received certificates for all shares of Common Stock prior to the tenth (10th) business day after the expiration of the Delivery Period with respect to an exercise for any reason, then (unless Holder otherwise elects to retain its status as a holder of Common Stock by so notifying the Corporation) the portion of the Prepaid Amount subject to such exercise shall be deemed outstanding under this Warrant and the Corporation shall, as soon as practicable, return this Warrant to Holder. In all cases, Holder shall retain all of its rights and remedies (including, without limitation, (i) the right to receive Exercise Default Payments pursuant to Article IV.A to the extent required thereby for such Exercise Default and any subsequent Exercise Default and (ii) the right to have the Exercise Price with respect to subsequent exercises determined in accordance with Article IV.B) for the Corporation's failure to honor the exercise of this Warrant.

Status as Warrantholder. Upon submission of a Notice of Exercise by Holder, the Prepaid Amount of this the Warrant (other than any portion of this Warrant, if any, which cannot be exercised because the exercise thereof would exceed Holder's allocated portion of the Reserved Amount or Cap Amount) shall be deemed exercised for shares of Common Stock as of the Exercise Date and Holder's rights as a holder of this Warrant shall cease and terminate, excepting only the right to receive certificates for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to Holder because of a failure by the Corporation to comply with the terms of this Warrant. Notwithstanding the foregoing, if Holder has not received certificates for all shares of Common Stock prior to the tenth (10th) business day after the expiration of the Delivery Period with respect to an exercise for any reason, then (unless Holder otherwise elects to retain its status as a holder of Common Stock by so notifying the Corporation) the portion of the Prepaid Amount subject to such exercise shall be deemed outstanding under this Warrant and the Corporation shall, as soon as practicable, return this Warrant to Holder. In all cases, Holder shall retain all of its rights and remedies (including, without limitation, (i) the right to receive Exercise Default Payments pursuant to Article IV.A to the extent required thereby for such Exercise Default and any subsequent Exercise Default and (ii) the right to have the Exercise Price with respect to subsequent exercises determined in accordance with Article IV.B) for the Corporation's failure to honor the exercise of this Warrant.

Status as Warrantholder. Upon submission of a Notice of Exercise by Holder, the Prepaid Amount of this Warrant (other than any portion of this Warrant, if any, which cannot be exercised because the exercise thereof would exceed Holder's allocated portion of the Reserved Amount or Cap Amount) shall be deemed exercised for shares of Common Stock as of the Exercise Date and Holder's rights as a holder of this Warrant shall cease and terminate, excepting only the right to receive certificates for such shares of Common Stock and to any remedies provided herein or otherwise available at law or in equity to Holder because of a failure by the Corporation to comply with the terms of this Warrant. Notwithstanding the foregoing, if Holder has Holdxx xxx not received certificates for all shares of Common Stock prior to the tenth (10th) business day after the expiration of the Delivery Period with respect to an exercise for any reason, then (unless Holder otherwise elects to retain its status as a holder of Common Stock by so notifying the Corporation) the portion of the Prepaid Amount subject to such exercise shall be deemed outstanding under this Warrant and the Corporation shall, as soon as practicable, return this Warrant to Holder. In all cases, Holder shall retain all of its rights and remedies (including, without limitation, (i) the right to receive Exercise Default Payments pursuant to Article IV.A to the extent required thereby for such Exercise Default and any subsequent Exercise Default and (ii) the right to have the Exercise Price with respect to subsequent exercises determined in accordance with Article IV.B) for the Corporation's failure to honor the exercise of this Warrant.