Common use of Term of Warrants Clause in Contracts

Term of Warrants. EXERCISE OF WARRANTS. (a) Each Warrant entitles the registered Holder thereof to purchase one share of Common Stock at any time until 5:00 pm Washington, DC time, August ____, 2004 (the "Warrant Expiration Date"), at a purchase price of $2.50 per share, as such number of shares and purchase price per share may be adjusted from time to time pursuant to Section 9 of this Warrant Agreement (such purchase price per share, as adjusted, being referred to herein as the "Warrant Price"). (b) Subject to the provisions of this Warrant Agreement, each registered Holder of Warrant Certificates shall have the right, which may be exercised as expressed in such Warrant Certificates, to purchase from the Company (and the Company shall issue and sell to such registered Holder) the number of fully paid and nonassessable shares of Common Stock specified in such Warrant Certificates, upon surrender to the Company, or its duly authorized agent, of such Warrant Certificates, with the form of election to purchase duly filled in and signed, and upon payment to the Company of the Warrant Price for the number of shares in respect of which such Warrants are then exercised. Payment of such Warrant Price may be made in cash or by certified or cashier's check. No adjustment shall be made for any dividends on any shares of stock issuable upon exercise of a Warrant. (c) Upon such surrender of Warrant Certificates, and payment of the Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon the written order of the registered Holder of such Warrant Certificates and (subject to receipt of evidence of compliance with the Act in accordance with the provisions of Section 11 of this Warrant Agreement) in such name or names as such registered Holder may designate, a certificate or certificates for the number of full shares of stock so purchased upon the exercise of such Warrants. (d) If permitted by applicable law, such share certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such shares as of the date of the surrender of such Warrant Certificates and payment of the Warrant Price as aforesaid. The rights of purchase represented by the Warrant Certificates shall be exercisable, at the election of registered Holders thereof, either as an entirety or from time to time for part only of the shares specified therein and, in the event that any Warrant is exercised in respect of less than all of the shares specified therein at any time prior to the date of expiration of the Warrants, a new Warrant Certificate or Warrant Certificates will be issued for the remaining whole number of shares specified in the Warrant so surrendered.

Term of Warrants. EXERCISE OF WARRANTS. (a) Each Warrant entitles the registered Holder thereof to purchase one share of Common Stock at any time until 5:00 pm Washington, DC time, August ____, 2004 (the "Warrant Expiration Date"), at a purchase price of $2.50 per share, as such number of shares and purchase price per share may be adjusted from time to time pursuant to Section 9 of this Warrant Agreement (such purchase price per share, as adjusted, being referred to herein as the "Warrant Price"). (b) Subject to the provisions of this Warrant Agreement, each registered Holder of Warrant Certificates Warrants shall have the right, which may be exercised as expressed no later than the expiration date set forth in such Exhibit A (the "Warrant CertificatesExercise Period"), to purchase from the Company (and the Company shall issue and sell to such registered Holder) the number of one fully paid and nonassessable shares non-assessable Warrant Share for each Warrant held at the warrant price as set forth in Sections 9 and 10 hereof (the "Warrant Price"), subject to the conditions set forth in this Agreement. If the Warrant is not exercised during the Warrant Exercise Period, it shall expire. The Warrant Shares shall be issuable on exercise of Common Stock specified in such Warrant Certificates, upon the Warrants on surrender to the CompanyCompany at the principal office of the Warrant Agent in Salt Lake City, or its duly authorized agent, of such Warrant CertificatesUtah, with the form of election to purchase attached thereto duly filled in completed and signed, and upon on payment to the Warrant Agent for the account of the Company of the Warrant Price for the number of shares Warrant Shares in respect of which such Warrants are then exercised. Payment of such the applicable Warrant Price may shall be made in cash or by certified or cashier's checkcheck or by collection of checks or drafts. No adjustment shall be made for any dividends Subject to Subsections 5.1 and 5.2 of this Section, on any shares of stock issuable upon exercise of a Warrant. (c) Upon such surrender of Warrant Certificates, and payment of the applicable Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon on the written order of the registered Holder of such Warrant Certificates and (subject to receipt of evidence of compliance with the Act in accordance with the provisions of Section 11 of this Warrant Agreement) in such name or names as such registered the Holder may designate, a certificate or certificates for the number of full shares of stock Warrant Shares so purchased upon on the exercise of such Warrants. (d) If permitted by applicable law, . No fractional Warrant Shares shall be issuable on such share surrender. Such certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such shares Warrant Shares as of the date of the surrender of such Warrant Certificates Warrants and payment of the applicable Warrant Price Price, as aforesaid; provided, however, that if, at the date of surrender of such Warrants and payment of such Warrant Price, the transfer books for the Warrant Shares on the exercise of such Warrants shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened (whether before or after expiration of the exercise period) and until such date the Company shall be under no duty to deliver any certificate for such Warrant Shares; provided further, however, that the transfer books of record, unless otherwise required by law, shall not be closed at any one time for a period longer than 60 days. The rights right of purchase represented by the Warrant Certificates Warrants shall be exercisable, at the election of registered Holders the Holder thereof, either as an entirety in full or from time to time for in part only of the shares specified therein and, in the event that any Warrant is exercised in respect of less than all of the shares Warrant Shares specified therein at any time prior to the date of expiration of the Warrantsapplicable Warrant class, a new Warrant Certificate or Warrant Certificates Warrants of the same class will be issued for the remaining whole number of shares specified in Warrant Shares, and the Warrant so surrenderedAgent is hereby irrevocably authorized to countersign and to deliver the required new Warrants pursuant to the provisions of this Section and of Section 3 hereof. The Company, whenever required by the Warrant Agent, will supply the Warrant Agent with Warrants of the applicable class, duly executed on behalf of the Company for such purpose.

Term of Warrants. EXERCISE OF WARRANTS. (a) Each Warrant entitles the registered Holder thereof to purchase one share of Common Stock at any time until 5:00 pm Washington, DC time, August ____, 2004 (the "Warrant Expiration Date"), at a purchase price of $2.50 per share, as such number of shares and purchase price per share may be adjusted from time to time pursuant to Section 9 of this Warrant Agreement (such purchase price per share, as adjusted, being referred to herein as the "Warrant Price"). (b) Subject to the provisions of this Warrant Agreement, each registered Holder of Warrant Certificates shall have the rightright until 5:00 P.M., which may be exercised Denver time, on the Expiration Date (as expressed in such Warrant Certificates, defined below) to purchase from the Company (and the Company shall issue and sell to such registered Holder) the number of fully paid and nonassessable shares of Common Stock specified in such Warrant Certificates, upon surrender to Shares that the Company, or its duly authorized agent, of such Warrant Certificates, with Holder may at the form of election time be entitled to purchase duly filled in and signed, and upon payment to the Company of the Warrant Price for the number of shares in respect of which such Warrants are then exercised. Payment of such Warrant Price may be made in cash or by certified or cashier's check. No adjustment shall be made for any dividends on any shares of stock issuable upon exercise of a Warrant. (c) Upon such surrender of Warrant Certificates, and payment of the Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon the written order of the registered Holder of such Warrant Certificates and (subject to receipt of evidence of compliance with the Act in accordance with the provisions of Section 11 of this Warrant Agreement) in such name or names as such registered Holder may designate, a certificate or certificates for the number of full shares of stock so purchased upon the exercise of such Warrants. Warrants at the Warrant Price. "Expiration Date" means the date that is the earliest of (d1) If permitted if the Company exercises the Conveyance Option (as defined in the JEDI Loan Agreement), the date that is the third anniversary of the Conveyance Date (as defined in the JEDI Loan Agreement), (2) the date that is thirty (30) days after the receipt by applicable lawthe Holder of the Early Termination Notice (as defined below), such share certificate or certificates except that if, within five Business Days (as defined below) after receipt of the Early Termination Notice, the Holder shall be deemed duly exercise any demand registration right pursuant to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such shares the Registration Rights Agreement dated as of the date hereof between the Company and JEDI with respect to any Tranche B Warrant Shares, the Expiration Date shall be the last day of the surrender period during which the Company shall be required by Section 1(g)(3) of such Registration Rights Agreement to maintain the effectiveness of the registration statement covering the sale of such Warrant Certificates Shares, and payment (3) December 31, 2002. "Business Day" means any day excluding Saturday, Sunday and any day which is a legal holiday for commercial banks under the laws of the Warrant Price as aforesaidState of Colorado or the State of Texas. The rights of purchase represented "Early Termination Notice" means a written notice to the Holder by the Warrant Certificates shall be exercisable, at Company advising the election of registered Holders thereof, either as an entirety or from time to time for part only Holder of the shares specified therein and, in the event that any Warrant is exercised in respect of less than all expiration of the shares specified therein at any time prior Warrants thirty (30) days after receipt thereof and certifying to the Holder that the Average Closing Price (as defined below) of the Common Stock for both the ninety (90) day and fifteen (15) day periods immediately preceding the date of expiration of the WarrantsEarly Termination Notice was greater than $2.50 per share (as adjusted pursuant to Section 7, a new Warrant Certificate or Warrant Certificates will be issued for the remaining whole number of shares specified in "Termination Minimum Price"); provided, however, that the Warrant so surrendered.Company may issue an Early Termination Notice only after July 27, 1998 and only if the

Term of Warrants. EXERCISE OF WARRANTS. (a) Each Warrant entitles the registered Holder thereof to purchase one share of Common Stock at any time until 5:00 pm p.m. Washington, DC time, August ____, 2004 (the "Warrant Expiration Date"), at a purchase price of $2.50 per share, as such number of shares and purchase price per share may be adjusted from time to time pursuant to Section 9 of this Warrant Agreement (such purchase price per share, as adjusted, being referred to herein as the "Warrant Price"). (b) Subject to the provisions of this Warrant Agreement, each registered Holder of Warrant Certificates shall have the right, which may be exercised as expressed in such Warrant Certificates, to purchase from the Company (and the Company shall issue and sell to such registered Holder) the number of fully paid and nonassessable shares of Common Stock specified in such Warrant Certificates, upon surrender to the Company, or its duly authorized agent, of such Warrant Certificates, with the form of election to purchase duly filled in and signed, and upon payment to the Company of the Warrant Price for the number of shares in respect of which such Warrants are then exercised. Payment of such Warrant Price may be made in cash or by certified or cashier's check. No adjustment shall be made for any dividends on any shares of stock issuable upon exercise of a Warrant. (c) Upon such surrender of Warrant Certificates, and payment of the Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon the written order of the registered Holder of such Warrant Certificates and (subject to receipt of evidence of compliance with the Act in accordance with the provisions of Section 11 of this Warrant Agreement) in such name or names as such registered Holder may designate, a certificate or certificates for the number of full shares of stock so purchased upon the exercise of such Warrants. (d) If permitted by applicable law, such share certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such shares as of the date of the surrender of such Warrant Certificates and payment of the Warrant Price as aforesaid. The rights of purchase represented by the Warrant Certificates shall be exercisable, at the election of registered Holders thereof, either as an entirety or from time to time for part only of the shares specified therein and, in the event that any Warrant is exercised in respect of less than all of the shares specified therein at any time prior to the date of expiration of the Warrants, a new Warrant Certificate or Warrant Certificates will be issued for the remaining whole number of shares specified in the Warrant so surrendered.

Term of Warrants. EXERCISE OF WARRANTS. (a) Each Warrant entitles the registered Holder thereof to purchase one share of Common Stock at any time until 5:00 pm Washington, DC time, August ____23, 2004 (the "Warrant Expiration Date"), at a purchase price of $2.50 per share, as such number of shares and purchase price per share may be adjusted from time to time pursuant to Section 9 of this Warrant Agreement (such purchase price per share, as adjusted, being referred to herein as the "Warrant Price"). (b) Subject to the provisions of this Warrant Agreement, each registered Holder of Warrant Certificates shall have the right, which may be exercised as expressed in such Warrant Certificates, to purchase from the Company (and the Company shall issue and sell to such registered Holder) the number of fully paid and nonassessable shares of Common Stock specified in such Warrant Certificates, upon surrender to the Company, or its duly authorized agent, of such Warrant Certificates, with the form of election to purchase duly filled in and signed, and upon payment to the Company of the Warrant Price for the number of shares in respect of which such Warrants are then exercised. Payment of such Warrant Price may be made in cash or by certified or cashier's check. No adjustment shall be made for any dividends on any shares of stock issuable upon exercise of a Warrant. (c) Upon such surrender of Warrant Certificates, and payment of the Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon the written order of the registered Holder of such Warrant Certificates and (subject to receipt of evidence of compliance with the Act in accordance with the provisions of Section 11 of this Warrant Agreement) in such name or names as such registered Holder may designate, a certificate or certificates for the number of full shares of stock so purchased upon the exercise of such Warrants. (d) If permitted by applicable law, such share certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such shares as of the date of the surrender of such Warrant Certificates and payment of the Warrant Price as aforesaid. The rights of purchase represented by the Warrant Certificates shall be exercisable, at the election of registered Holders thereof, either as an entirety or from time to time for part only of the shares specified therein and, in the event that any Warrant is exercised in respect of less than all of the shares specified therein at any time prior to the date of expiration of the Warrants, a new Warrant Certificate or Warrant Certificates will be issued for the remaining whole number of shares specified in the Warrant so surrendered.

Term of Warrants. EXERCISE OF WARRANTS. (a) Each Warrant entitles the registered Holder thereof to purchase one share of Common Stock at any time until 5:00 pm Washington, DC time, August ____, 2004 (the "Warrant Expiration Date"), at a purchase price of $2.50 per share, as such number of shares and purchase price per share may be adjusted from time to time pursuant to Section 9 of this Warrant Agreement (such purchase price per share, as adjusted, being referred to herein as the "Warrant Price"). (b) Subject to the provisions of this Warrant Agreement, each registered Holder of Warrant Certificates Warrants shall have the right, which may be exercised as expressed in such for a period of five years from the date of issuance of the Warrant Certificates(the "Warrant Exercise Period"), to purchase from the Company (and the Company shall issue and sell to such registered Holder) the number of one fully paid and nonassessable shares Warrant Share for each Warrant held at the warrant price as set forth in Sections 9 and 10 hereof (the "Warrant Price"), subject to the conditions set forth in this Agreement. If the Warrant is not exercised during the Warrant Exercise Period, it shall expire. The Warrant Shares shall be issuable on exercise of Common Stock specified in such Warrant Certificates, upon the Warrants on surrender to the CompanyCompany at the principal office of the Warrant Agent in Holladay, or its duly authorized agent, of such Warrant CertificatesUtah, with the form of election to purchase on the reverse thereof duly filled in completed and signed, and upon on payment to the Warrant Agent for the account of the Company of the Warrant Price for the number of shares Warrant Shares in respect of which such Warrants are then exercised. Payment of such the applicable Warrant Price may shall be made in cash or by certified or cashier's checkcheck or by collection of checks or drafts. No adjustment shall be made for any dividends Subject to Subsections 5.1 and 5.2 of this Section, on any shares of stock issuable upon exercise of a Warrant. (c) Upon such surrender of Warrant Certificates, Warrants and payment of the applicable Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon on the written order of the registered Holder of such Warrant Certificates and (subject to receipt of evidence of compliance with the Act in accordance with the provisions of Section 11 of this Warrant Agreement) in such name or names as such registered the Holder may designate, a certificate or certificates for the number of full shares of stock Warrant Shares so purchased upon on the exercise of such Warrants. (d) If permitted by applicable law, . No fractional Warrant Shares shall be issuable on such share surrender. Such certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such shares Warrant Shares as of the date of the surrender of such Warrant Certificates Warrants and payment of the applicable Warrant Price Price, as aforesaid; provided, however, that if, at the date of surrender of such Warrants and payment of such Warrant Price, the transfer books for the Warrant Shares on the exercise of such Warrants shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened (whether before or after expiration of the exercise period) and until such date the Company shall be under no duty to deliver any certificate for such Warrant Shares; provided further, however, that the transfer books of record, unless otherwise required by law, shall not be closed at any one time for a period longer than 60 days. The rights right of purchase represented by the Warrant Certificates Warrants shall be exercisable, at the election of registered Holders the Holder thereof, either as an entirety in full or from time to time for in part only of the shares specified therein and, in the event that any Warrant is exercised in respect of less than all of the shares Warrant Shares specified therein at any time prior to the date of expiration of the Warrantsapplicable Warrant class, a new Warrant Certificate or Warrant Certificates Warrants of the same class will be issued for the remaining whole number of shares specified in Warrant Shares, and the Warrant so surrenderedAgent is hereby irrevocably authorized to countersign and to deliver the required new Warrants pursuant to the provisions of this Section and of Section 3 hereof. The Company, whenever required by the Warrant Agent, will supply the Warrant Agent with Warrants of the applicable class, duly executed on behalf of the Company for such purpose.