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 Common Stock granted herein shall commence on the Original Effective Date and shall be exercisable until July 18, 2006. Notwithstanding the term of this Warrant Agreement fixed pursuant to the above paragraph, the right to purchase Common Stock as granted herein shall expire, if not previously exercised, immediately upon the closing of a merger or consolidation of the Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the Company's properties and assets to any other person (a "Merger"), provided that Warrantholder realizes in such transaction a value for its shares equal to or greater than $103.80 per share of Common Stock. The Company shall notify the Warrantholder in accordance with the terms of 8(e) hereof if a Merger is proposed, and if the Company fails to deliver such written notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Common Stock shall not expire until the Company complies with such notice provisions. Such notice shall also contain such details of the proposed Merger as are reasonable in the circumstances. If the closing of the Merger 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 notice of termination of the proposed transaction if the exercise of this Warrant Agreement occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescission, this 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 Common Preferred Stock as granted herein shall commence on the Original Effective Date and shall be exercisable until July 18for a period of (i) seven (7) years or (ii) three (3) years from the effective date of the Company's initial public offering, 2006whichever is shorter. Notwithstanding the term of this Warrant Agreement fixed pursuant to the above paragraph, the right to purchase Common Preferred Stock as granted herein shall expire, if not previously exercised, exercised immediately upon the closing of a merger or consolidation of the Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the Company's properties and assets to any other person (a the "Merger"), ) provided that in which Warrantholder realizes in such transaction a value for its shares equal to or greater than that $103.80 2.19 per share of Common Stockshare. The Company shall notify the Warrantholder if the Merger is proposed in accordance with the terms of 8(e8(f) hereof if a Merger is proposedhereof, and if the Company fails to deliver such written notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Common Preferred Stock shall not expire until the Company complies with such notice provisions. Such notice shall also contain such details of the proposed Merger as are reasonable in the circumstances. If the such closing of the Merger 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 notice of termination of the proposed transaction if the exercise of this Warrant Agreement Warrants has occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescissionrecission, this Warrant Agreement the 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 Common Preferred Stock as granted herein shall commence on the Original Effective Date and shall be exercisable until July 18, 2006for a period ending upon the earlier of (i) seven (7) years from the Effective Date of this Warrant Agreement or (ii) two (2) years from the effective date of the Company's initial public offering. Notwithstanding the term of this Warrant Agreement fixed pursuant to the above paragraph, the right to purchase Common Preferred Stock as granted herein shall expire, if not previously exercised, exercised immediately upon the closing of a merger or consolidation of the Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the Company's properties and assets to any other person (a the "Merger"), ) provided that in which Warrantholder realizes in such transaction a value for its shares equal to or greater than $103.80 4.98 per share of Common Stockshare. The Company shall notify Warrantholder if the Warrantholder Merger is proposed in accordance with the terms of 8(e8(f) hereof if a Merger is proposedhereof, and if the Company fails to deliver such written notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Common Preferred Stock shall not expire until the Company complies with such notice provisions. Such notice shall also contain such details of the proposed Merger as are reasonable in the circumstances. If the such closing of the Merger 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 notice of termination of the proposed transaction if the exercise of this Warrant Agreement Warrants has occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescissionrecission, this Warrant Agreement the 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 Common Stock granted herein shall commence on the Original Effective Date Dates and shall be exercisable until July 18, 2006. Notwithstanding the term of this Warrant Agreement fixed pursuant to the above paragraph, the right to purchase Common Stock as granted herein shall expire, if not previously exercised, immediately upon the closing of a merger or consolidation of the Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the Company's properties and assets to any other person (a "Merger"), provided that Warrantholder realizes in such transaction a value for its shares equal to or greater than $103.80 17.68 per share of Common Stock. The Company shall notify the Warrantholder in accordance with the terms of 8(e8(f) hereof if a Merger is proposed, and if the Company fails to deliver such written notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Common Stock shall not expire until the Company complies with such notice provisions. Such notice shall also contain such details of the proposed Merger as are reasonable in the circumstances. If the closing of the Merger 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 notice of termination of the proposed transaction if the exercise of this Warrant Agreement Warrants occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescission, this 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 Common Preferred Stock as granted herein shall commence on the Original Effective Date and shall be exercisable until July 18for a period of (i) five (5) years or (ii) three (3) years from the effective date of the Company's initial public offering, 2006whichever is earlier. Notwithstanding the term of this Warrant Agreement fixed pursuant to the above paragraph, the right to purchase Common Preferred Stock as granted herein shall expire, if not previously exercised, exercised immediately upon the closing of a merger or consolidation of the Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the Company's properties and assets to any other person (a the "Merger"), ) provided that in which Warrantholder realizes in such transaction a value for its shares equal to or greater than $103.80 4.31865 per share of Common Stockshare. The Company shall notify the Warrantholder if the Merger is proposed in accordance with the terms of 8(e8(f) hereof if a Merger is proposedhereof, and if the Company fails to deliver such written notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Common Preferred Stock shall not expire until the Company complies with such notice provisions. Such notice shall also contain such details of the proposed Merger as are reasonable in the circumstances. If the such closing of the Merger 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 notice of termination of the proposed transaction if If the exercise of this Warrant Agreement Warrants has occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescission, this Warrant Agreement the 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 Common Preferred Stock as granted herein shall commence on the Original Effective Date and shall be exercisable until July 18for a period of (i) seven (7) years or (ii) three (3) years from the effective date of the Company's initial public offering, 2006whichever is longer. Notwithstanding the term of this Warrant Agreement fixed pursuant to the above paragraph, the right to purchase Common Preferred Stock as granted herein shall expire, if not previously exercised, exercised immediately upon the closing of a merger or consolidation of the Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the Company's properties and assets to any other person (a the "Merger"), ) provided that in which Warrantholder realizes in such transaction a value for its shares equal to or greater than that $103.80 2.19 per share of Common Stockshare. The Company shall notify the Warrantholder if the Merger is proposed in accordance with the terms of 8(e8(f) hereof if a Merger is proposedhereof, and if the Company fails to deliver such written notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Common Preferred Stock shall not expire until the Company complies with such notice provisions. Such notice shall also contain such details of the proposed Merger as are reasonable in the circumstances. If the such closing of the Merger 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 notice of termination of the proposed transaction if the exercise of this Warrant Agreement Warrants has occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescissionrecission, this Warrant Agreement the Warrants will continue to be exercisable on the same terms and conditions contained herein.