Common use of the Warrant Price Clause in Contracts

the Warrant Price. The number and kind of Warrant Shares that may be purchased upon exercise of the Warrants evidenced by this Warrant Certificate are the number as of the date of the original issue of such Warrants, based on the shares of Common Stock of the Company as constituted at such date. As provided in the Warrant Agreement, the Warrant Price and the number and kind of Warrant Shares purchasable upon exercise of the Warrants are subject to adjustment. This Warrant Certificate and the Warrants it represents are subject to, and entitled to the benefits of, all of the terms, provisions, and conditions of the Warrant Agreement, dated as of _____________, 199__ (the "Warrant Agreement"), by and between the Company and The Bank of New York, a _________ corporation (the "Warrant Agent"), which Warrant Agreement is hereby incorporated herein by reference and made a part hereof and to which Warrant Agreement reference is hereby made for a full description of the rights, limitation of rights, obligations, and duties hereunder of the Company and the Holder. A copy of the Warrant Agreement will be made available to the Holders by the Company upon request of the Holders. Subject to the provisions set forth in the Warrant Agreement or in this Certificate, this Warrant Certificate, with or without other Warrant Certificates, may be transferred, split up, combined, or exchanged for another Warrant Certificate or Warrant Certificates, entitling the Holder to purchase a like aggregate number of Warrant Shares as the Warrant Certificate or Warrant Certificates surrendered entitled such Holder (or former Holder in the case of a transfer) to purchase, upon presentation and surrender hereof at the principal office of the Warrant Agent designated for such purpose, with the Form of Assignment (if appropriate) and the related Certificate duly executed. The Company will not be required to issue fractional Warrant Shares or other fractional interests in securities upon the exercise of any Warrants evidenced by this Warrant Certificate, but in lieu thereof a cash payment will be made, as provided in the Warrant Agreement. Nothing contained in the Warrant Agreement or in this Warrant Certificate will be construed as conferring upon the Holder of this Warrant Certificate the right to vote, or to receive dividends, or to consent or (except as provided in the Warrant Agreement) to receive notice in respect of any meeting of stockholders for the election of directors of the Company or any other matter, or any rights whatsoever as a stockholder of the Company. This Warrant Certificate will not be valid or obligatory for any purpose until it has been countersigned by the Warrant Agent. This Warrant Certificate will be governed and construed in accordance with the laws of the State of New York.

the Warrant Price. The number and kind of Warrant Shares that may be purchased upon exercise of the Warrants evidenced by this Warrant Certificate are the number as of the date of the original issue of such Warrants, based on the shares of Common Stock of the Company as constituted at such date. As provided in the Warrant Agreement, the Warrant Price and the number and kind of Warrant Shares purchasable upon exercise of the Warrants are subject to adjustment. This Warrant Certificate and the Warrants it represents are subject to, and entitled to the benefits of, all of the terms, provisions, provisions and conditions of the Warrant Agreement, dated as of ____________ __, 199200__ (the "Warrant AgreementWARRANT AGREEMENT"), by and between the Company and The Xxxxx Fargo Bank of New YorkMinnesota, National Association, a _________ corporation national banking association (the "Warrant AgentWARRANT AGENT"), which Warrant Agreement is hereby incorporated herein by reference and made a part hereof and to which Warrant Agreement reference is hereby made for a full description of the rights, limitation of rights, obligations, obligations and duties hereunder of the Company and the Holder. A copy of the Warrant Agreement will be made available to the Holders Holder by the Company upon request of the HoldersHolder. Subject to the provisions set forth in the Warrant Agreement or in this Certificate, this Warrant Certificate, with or without other Warrant Certificates, may be transferred, split up, combined, combined or exchanged for another Warrant Certificate or Warrant Certificates, entitling the Holder to purchase a like aggregate number of Warrant Shares as the Warrant Certificate or Warrant Certificates surrendered entitled such Holder (or former Holder in the case of a transfer) to purchase, upon presentation and surrender hereof at the principal office of the Warrant Agent designated for such purpose, with the Form of Assignment (if appropriate) and the related Certificate duly executed. The Company will not be required to issue fractional Warrant Shares or other fractional interests in securities upon the exercise of any Warrants evidenced by this Warrant Certificate, but in lieu thereof a cash payment will be made, as provided in the Warrant Agreement. Nothing contained in the Warrant Agreement or in this Warrant Certificate will be construed as conferring upon the Holder holder of this Warrant Certificate the right to vote, or to receive dividends, or to consent or (except as provided in the Warrant Agreement) to receive notice in respect of any meeting of stockholders for the election of directors of the Company or any other matter, or any rights whatsoever as a stockholder of the Company. This Warrant Certificate will not be valid or obligatory for any purpose until it has been countersigned by the Warrant Agent. This Warrant Certificate will be governed and construed in accordance with the laws of the State of New York.

the Warrant Price. The number and kind of Warrant Shares that may be purchased upon exercise of the Warrants evidenced by this Warrant Certificate are the number as of the date of the original issue of such Warrants, based on the shares of Common Stock of the Company as constituted at such date. As provided in the Warrant Agreement, the Warrant Price and the number and kind of Warrant Shares purchasable upon exercise of the Warrants are subject to adjustment. This Warrant Certificate and the Warrants it represents are subject to, and entitled to the benefits of, all of the terms, provisions, provisions and conditions of the Warrant Agreement, dated as of ___________May __, 199__ 2002 (the "Warrant Agreement"), by and ----------------- between the Company and The Bank of New YorkMellon Investor Services LLC, a _________ corporation New Jersey limited liability company, as warrant agent (the "Warrant Agent"), which Warrant ------------- Agreement is hereby incorporated herein by reference and made a part hereof and to which Warrant Agreement reference is hereby made for a full description of the rights, limitation of rights, obligations, obligations and duties hereunder of the Company and the Holder. A copy of the Warrant Agreement will be made available to the Holders Holder by the Company upon request of the HoldersHolder. Subject to the provisions set forth in the Warrant Agreement or in this Certificate, this Warrant Certificate, with or without other Warrant Certificates, may be transferred, split up, combined, combined or exchanged for another Warrant Certificate or Warrant Certificates, entitling the Holder to purchase a like aggregate number of Warrant Shares as the Warrant Certificate or Warrant Certificates surrendered entitled such Holder (or former Holder in the case of a transfer) to purchase, upon presentation and surrender hereof at the principal office of the Warrant Agent designated for such purpose, with the Form of Assignment (if appropriate) and the related Certificate duly and properly executed. The Company will not be required to issue fractional Warrant Shares or other fractional interests in securities upon the exercise of any Warrants evidenced by this Warrant Certificate, but in lieu thereof a cash payment will be made, as provided in the Warrant Agreement. Nothing contained in the Warrant Agreement or in this Warrant Certificate will be construed as conferring upon the Holder holder of this Warrant Certificate the right to vote, or to receive dividends, or to consent or (except as provided in the Warrant Agreement) to receive notice in respect of any meeting of stockholders for the election of directors of the Company or any other matter, or any rights whatsoever as a stockholder of the Company. This Warrant Certificate will not be valid or obligatory for any purpose until it has been countersigned by the Warrant Agent. This Warrant Certificate will be governed and construed in accordance with the laws of the State of New York.

the Warrant Price. The number and kind of Warrant Shares that may be purchased upon exercise of the Warrants evidenced by this Warrant Certificate are the number as of the date of the original issue of such Warrants, based on the shares of Common Stock of the Company as constituted at such date. As provided in the Warrant Agreement, the Warrant Price and the number and kind of Warrant Shares purchasable upon exercise of the Warrants are subject to adjustment. This Warrant Certificate and the Warrants it represents are subject to, and entitled to the benefits of, all of the terms, provisions, provisions and conditions of the Warrant Agreement, dated as of ____________ __, 199200__ (the "Warrant Agreement"), by and between the Company and The Wells Fargo Bank of New YorkMinnesota, N.A., a _________ corporation national banking association (the "Warrant Xxxxant Agent"), which Warrant Agreement is hereby incorporated herein by reference and made a part hereof and to which Warrant Agreement reference is hereby made for a full description of the rights, limitation of rights, obligations, obligations and duties hereunder of the Company and the Holder. A copy of the Warrant Agreement will be made available to the Holders Holder by the Company upon request of the HoldersHolder. Subject to the provisions set forth in the Warrant Agreement or in this Certificate, this Warrant Certificate, with or without other Warrant Certificates, may be transferred, split up, combined, combined or exchanged for another Warrant Certificate or Warrant Certificates, entitling the Holder to purchase a like aggregate number of Warrant Shares as the Warrant Certificate or Warrant Certificates surrendered entitled such Holder (or former Holder in the case of a transfer) to purchase, upon presentation and surrender hereof at the principal office of the Warrant Agent designated for such purpose, with the Form of Assignment (if appropriate) and the related Certificate duly executed. The Company will not be required to issue fractional Warrant Shares or other fractional interests in securities upon the exercise of any Warrants evidenced by this Warrant Certificate, but in lieu thereof a cash payment will be made, as provided in the Warrant Agreement. Nothing contained in the Warrant Agreement or in this Warrant Certificate will be construed as conferring upon the Holder holder of this Warrant Certificate the right to vote, or to receive dividends, or to consent or (except as provided in the Warrant Agreement) to receive notice in respect of any meeting of stockholders for the election of directors of the Company or any other matter, or any rights whatsoever as a stockholder of the Company. This Warrant Certificate will not be valid or obligatory for any purpose until it has been countersigned by the Warrant Agent. This Warrant Certificate will be governed and construed in accordance with the laws of the State of New York.