Common use of TERM OF THE WARRANT AGREEMENT Clause in Contracts

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) seven (7) years or (ii) three (3) years from the effective date of the Company's initial public offering ("IPO"), whichever is longer. Notwithstanding the foregoing, upon receipt by Warrantholder of a written request by the Company's underwriters, the Warrantholder shall exercise its rights to purchase Preferred Stock hereunder as of the effective date of the IPO so long as the purchase price per share is equal to or greater than the Exercise Price. The foregoing exercise at IPO is contingent upon the underwriter's notice being received by Warrantholder a minimum of ten (10) business days prior to the effective date of the IPO and if the underwriters fail to deliver such notice within the aforementioned time period, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Preferred Stock shall not expire until the underwriters comply with such notice provisions. Such notice shall also contain such details of the IPO as are reasonable in the circumstances. If the IPO does not take place, the Company shall promptly notify the Warrantholder and the Warrantholder may rescind any exercise of its purchase rights promptly after such notice. In the event of such rescission, the Warrant Agreement will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) seven (7) years or (ii) three (3) years from the effective date of the Company's initial public offering ("IPO"), whichever is longeryears. Notwithstanding the foregoing, this Warrant shall terminate, if not previously exercised immediately upon receipt by Warrantholder the consummation of (i) a written request by consolidation or merger of the Company with or into any other corporation or corporations in which the shareholders of the Company immediately prior to such transaction own less than fifty percent (50%) of the shares of capital stock of the surviving corporation (other than a mere reincorporation transaction), or (ii) the sale of all or substantially all of the assets of the Company's underwriters, the Warrantholder shall exercise its rights to purchase Preferred Stock hereunder as or a series of related transactions in which more than fifty percent (50%) of the effective date voting power of the IPO so long as the purchase price per share Company is equal to or greater than the Exercise Pricedisposed, ("Change of Control"). The foregoing exercise at IPO is contingent upon the underwriter's notice being received by Company shall notify Warrantholder a minimum of ten twenty (1020) business days prior to the effective date closing of the IPO such Change of Control, and if the underwriters fail Company fails to deliver provide such notice within the aforementioned time periodnotice, then notwithstanding anything to the contrary contained in this Warrant AgreementWarrant, the rights right to purchase the Company's Preferred Stock shall not expire until the underwriters comply Company complies with such notice provisions. Such notice shall also contain such details of the IPO transaction as are reasonable in under the circumstances. If the IPO such closing does not take place, place the Company shall promptly notify Warrantholder that the Warrantholder proposed Change of Control has terminated and the Warrantholder may rescind any exercise of its purchase rights promptly after such noticenotice of termination. In the event of such rescissionrecession, the Warrant Agreement will shall continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) seven ten (710) years or (ii) three five (35) years from the effective date of the Company's initial public offering ("IPO")offering, whichever is longershorter. Notwithstanding the foregoing, upon receipt by Warrantholder term of a written request by this Warrant Agreement fixed pursuant to the Company's underwritersabove paragraph, the Warrantholder shall exercise its rights right to purchase Preferred Stock hereunder as granted herein shall expire, if not previously 1. exercised immediately upon the closing of a merger or consolidation of the effective date Company with or into another corporation or entity when the Company's stockholders immediately before the consummation of such transaction do not hold at least 50% of the IPO so long as outstanding securities of the purchase price per share is surviving entity, or the sale of all or substantially all of the Company's properties and assets to any other person (collectively, a "Merger"); provided in which Warrantholder realizes a value for its shares equal to or greater than the Exercise Price$9.00 per share. The foregoing exercise at IPO Company shall notify the Warrantholder if the Merger is contingent upon proposed in accordance with the underwriter's notice being received by Warrantholder a minimum terms of ten (108(f) business days prior to the effective date of the IPO hereof, and if the underwriters fail Company fails to deliver such notice within the aforementioned time periodwritten notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Preferred Stock shall not expire until the underwriters comply with such Company has delivered written notice provisionsof the Merger and the notice period set forth in 8(f) hereof has expired. Such notice shall also contain such details of the IPO proposed Merger as are reasonable in the circumstances. If the IPO such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated, and the Warrantholder may rescind any exercise of its purchase rights promptly after such noticenotice of termination of the proposed transaction if the exercise of Warrants has occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescissionrecission, the Warrant Agreement Warrants will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. (a) Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) seven ten (710) years or (ii) three five (35) years from the effective date of the Company's initial public offering ("IPO")offering, whichever is longer. . (b) Notwithstanding the foregoing, upon receipt by Warrantholder term of a written request by the Company's underwritersthis Warrant Agreement fixed pursuant to Section 2(a) hereof, the Warrantholder shall exercise its rights right to purchase Preferred Stock hereunder as granted herein shall expire, if not previously exercised, immediately upon the closing of a merger, reorganization, consolidation or sale of all or substantially all of the effective date Company's properties and assets in which the Company's shareholders immediately prior to such transaction possess less than fifty percent (50%) of the IPO so long as voting securities of the purchase price per share is equal to surviving, continuing or greater than purchasing entity (or parent, if any, immediately after the Exercise Pricetransaction) (an "Accelerating Merger"). The foregoing exercise Company shall notify the Warrantholder in writing at IPO is contingent upon the underwriter's notice being received by Warrantholder a minimum of ten least fifteen (1015) business days prior to the effective date in advance of the IPO closing of an Accelerating Merger, and if the underwriters fail company fails to deliver such notice within the aforementioned time periodwritten notice, then notwithstanding anything to the contrary in this the Warrant Agreement, the rights to purchase the Company's Preferred Stock shall not expire until the underwriters comply Company complies with such notice provisions. Such notice shall also contain such details of the IPO proposed Accelerating Merger as are reasonable in the circumstances. If the IPO such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated, and the Warrantholder may rescind any exercise of its purchase rights promptly after such noticenotice of termination of the proposed transaction if the exercise of warrants occurred after the Company had notified the Warrantholder that the Accelerating Merger was proposed or if the exercise was otherwise precipitated by such proposed Accelerating Merger. In the event of such rescission, the Warrant Agreement Warrants will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. (a) Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) seven ten (710) years or (ii) three five (35) years from the effective date of the Company's initial public offering ("IPO")offering, whichever is longer. . (b) Notwithstanding the foregoing, upon receipt by Warrantholder term of a written request by the Company's underwritersthis Warrant Agreement fixed pursuant to Section 2(a) hereof, the Warrantholder shall exercise its rights right to purchase Preferred Stock hereunder as granted herein shall expire, if not previously exercised, immediately upon the closing of a merger, reorganization, consolidation or sale of all or substantially all of the effective date Company's properties and assets in which the Company's shareholders immediately prior to such transaction possess less than fifty percent (50%) of the IPO so long as voting securities of the purchase price per share is equal to surviving, continuing or greater than purchasing entity (or parent, if any, immediately after the Exercise Pricetransaction) (an "Accelerating Merger"). The foregoing exercise company shall notify the Warrantholder in writing at IPO is contingent upon the underwriter's notice being received by Warrantholder a minimum of ten least fifteen (1015) business days prior to the effective date in advance of the IPO closing of an Accelerating Merger, and if the underwriters fail company fails to deliver such notice within the aforementioned time periodwritten notice, then notwithstanding anything to the contrary in this the Warrant Agreement, the rights to purchase the Company's Preferred Stock shall not expire until the underwriters comply Company complies with such notice provisions. Such notice shall also contain such details of the IPO proposed Accelerating Merger as are reasonable in the circumstances. If the IPO such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated, and the Warrantholder may rescind any exercise of its purchase rights promptly after such noticenotice of termination of the proposed transaction if the exercise of warrants occurred after the Company had notified the Warrantholder that the Accelerating Merger was proposed or if the exercise was otherwise precipitated by such proposed Accelerating Merger. In the event of such rescission, the Warrant Agreement Warrants will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date date of execution hereof and shall be exercisable for a period of (i) seven (7) years after the date of execution hereof, or (ii) three (3) years from the effective date of the Company's initial public offering (the "IPO"), ) whichever is longer. Notwithstanding the foregoing, upon receipt by Warrantholder term of a written request by the Company's underwritersthis Warrant Agreement fixed pursuant to Section 2 hereof, the Warrantholder shall exercise its rights right to purchase Preferred Stock hereunder as granted herein shall expire, if not previously exercised 1. immediately upon the closing of a merger or consolidation of the effective date Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the IPO so long as Company's properties and assets or outstanding stock to any other person (the purchase price per share is "Merger"), provided in which Warrantholder realizes a value for its shares equal to or greater than the Exercise Price$6.40 per share. The foregoing exercise at IPO is contingent upon the underwriter's notice being received by Warrantholder a minimum of ten (10) business days prior to the effective date of the IPO and if the underwriters fail to deliver such notice within the aforementioned time period, then notwithstanding Notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Preferred Stock shall not expire until the underwriters comply Company complies with such notice provisions. Such notice shall also contain such details of the IPO proposed Merger as are reasonable in the circumstances. If the IPO such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated, and the Warrantholder may rescind any exercise of its purchase rights promptly after such noticenotice of termination of the proposed transaction. In the event of such rescission, the Warrant Agreement Warrants will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) seven ten (710) years or (ii) three five (35) years from the effective date of the Company's ’s initial public offering ("IPO")offering, whichever is longershorter. Notwithstanding the foregoing, upon receipt by Warrantholder term of a written request by this Warrant Agreement fixed pursuant to the Company's underwritersabove paragraph, the Warrantholder shall exercise its rights right to purchase Preferred Stock hereunder as granted herein shall expire, if not previously exercised immediately upon the closing of a merger or consolidation of the effective date Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the IPO so long as Company’s properties and assets to any other person (the purchase price per share is “Merger”) provided in which Warrantholder realizes a value for its shares equal to or greater than a per share price of at least 3 times the Exercise Price. The foregoing exercise at IPO Company shall notify the Warrantholder if the Merger is contingent upon proposed in accordance with the underwriter's notice being received by Warrantholder a minimum terms of ten (108(f) business days prior to the effective date of the IPO hereof, and if the underwriters fail Company fails to deliver such notice within the aforementioned time periodwritten notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's ’s Preferred Stock shall not expire until the underwriters comply Company complies with such notice provisions. Such notice shall also contain such details of the IPO proposed Merger as are reasonable in the circumstances. If the IPO such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated, and the Warrantholder may rescind any exercise of its purchase rights promptly after such noticenotice of termination of the proposed transaction if the exercise of Warrants has occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescission, the Warrant Agreement Warrants will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date date of execution hereof and shall be exercisable for a period of (i) seven (7) years after the date of execution hereof, or (ii) three (3) years from the effective date of the Company's initial public offering (the "IPO"), ) whichever is longer. Notwithstanding the foregoing, upon receipt by Warrantholder term of a written request by the Company's underwritersthis Warrant Agreement fixed pursuant to Section 2 hereof, the Warrantholder shall exercise its rights right to purchase Preferred Stock hereunder as granted herein shall expire, if not previously exercised 1. immediately upon the closing of a merger or consolidation of the effective date Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the IPO so long as Company's properties and assets or outstanding stock to any other person (the purchase price per share is "Merger"), provided in which Warrantholder realizes a value, for its shares equal to or greater than the Exercise Price$6.40 per share. The foregoing exercise at IPO Company shall notify the Warrantholder if the Merger is contingent upon proposed in accordance with the underwriter's notice being received by Warrantholder a minimum terms of ten (10Subsection 8(g) business days prior to the effective date of the IPO hereof, and if the underwriters fail Company fails to deliver such notice within the aforementioned time periodnotice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Preferred Stock shall not expire until the underwriters comply Company complies with such notice provisions. Such notice shall also contain such details of the IPO proposed Merger as are reasonable in the circumstances. If the IPO such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated, and the Warrantholder may rescind any exercise of its purchase rights promptly after such noticenotice of termination of the proposed transaction. In the event of such rescission, the Warrant Agreement Warrants will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) seven (7) years or (ii) three (3) years from the effective date of the Company's initial public offering ("IPO")offering, whichever is longershorter. Notwithstanding the foregoing, upon receipt by Warrantholder term of a written request by this Warrant Agreement fixed pursuant to the Company's underwritersabove paragraph, the Warrantholder shall exercise its rights right to purchase Preferred Stock hereunder as granted herein shall expire, if not previously exercised immediately upon the closing of a merger or consolidation of the effective date Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the IPO so long as Company's properties and assets to any other person (the purchase price per share is "Merger") provided in which Warrantholder realizes a value for its shares equal to or greater than the Exercise Pricethat $2.19 per share. The foregoing exercise at IPO Company shall notify the Warrantholder if the Merger is contingent upon proposed in accordance with the underwriter's notice being received by Warrantholder a minimum terms of ten (108(f) business days prior to the effective date of the IPO hereof, and if the underwriters fail Company fails to deliver such notice within the aforementioned time periodwritten notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Preferred Stock shall not expire until the underwriters comply Company complies with such notice provisions. Such notice shall also contain such details of the IPO proposed Merger as are reasonable in the circumstances. If the IPO such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated, and the Warrantholder may rescind any exercise of its purchase rights promptly after such noticenotice of termination of the proposed transaction if the exercise of Warrants has occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescissionrecission, the Warrant Agreement Warrants will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period ending upon the earlier of (i) seven (7) years from the Effective Date of this Warrant Agreement or (ii) three two (32) years from the effective date of the Company's initial public offering ("IPO"), whichever is longeroffering. Notwithstanding the foregoing, upon receipt by Warrantholder term of a written request by this Warrant Agreement fixed pursuant to the Company's underwritersabove paragraph, the Warrantholder shall exercise its rights right to purchase Preferred Stock hereunder as granted herein shall expire, if not previously exercised immediately upon the closing of a merger or consolidation of the effective date Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the IPO so long as Company's properties and assets to any other person (the purchase price per share is "Merger") provided in which Warrantholder realizes a value for its shares equal to or greater than the Exercise Price$4.98 per share. The foregoing exercise at IPO Company shall notify Warrantholder if the Merger is contingent upon proposed in accordance with the underwriter's notice being received by Warrantholder a minimum terms of ten (108(f) business days prior to the effective date of the IPO hereof, and if the underwriters fail Company fails to deliver such notice within the aforementioned time periodwritten notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Preferred Stock shall not expire until the underwriters comply Company complies with such notice provisions. Such notice shall also contain such details of the IPO proposed Merger as are reasonable in the circumstances. If the IPO such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated, and the Warrantholder may rescind any exercise of its purchase rights promptly after such noticenotice of termination of the proposed transaction if the exercise of Warrants has occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescissionrecission, the Warrant Agreement Warrants will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) seven ten (710) years or (ii) three five (35) years from the effective date of the Company's ’s initial public offering ("IPO")offering, whichever is longershorter. Notwithstanding the foregoing, upon receipt by Warrantholder term of a written request by this Warrant Agreement fixed pursuant to the Company's underwritersabove paragraph, the Warrantholder shall exercise its rights right to purchase Preferred Stock hereunder as granted herein shall expire, if not previously exercised immediately upon the closing of a merger or consolidation of the effective date Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the IPO so long as Company’s properties and assets to any other person (the purchase price per share is “Merger”) provided in which Warrantholder realizes a value for its shares equal to or greater than that a per share of at least 3 times the Exercise Price. The foregoing exercise at IPO Company shall notify the Warrantholder if the Merger is contingent upon proposed in accordance with the underwriter's notice being received by Warrantholder a minimum terms of ten (108(f) business days prior to the effective date of the IPO hereof, and if the underwriters fail Company fails to deliver such notice within the aforementioned time periodwritten notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's ’s Preferred Stock shall not expire until the underwriters comply Company complies with such notice provisions. Such notice shall also contain such details of the IPO proposed Merger as are reasonable in the circumstances. If the IPO such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated, and the Warrantholder may rescind any exercise of its purchase rights promptly after such noticenotice of termination of the proposed transaction if the exercise of Warrants has occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescissionrecission, the Warrant Agreement Warrants will continue to be exercisable on the same terms and conditions contained herein.