Common use of Treatment of Warrant in non-Cash/Public Acquisition Clause in Contracts

Treatment of Warrant in non-Cash/Public Acquisition. Upon the closing of any Acquisition other than a Cash/Public Acquisition, either (i) the acquiring, surviving or successor entity shall assume this Warrant and the Company’s obligations hereunder, and this Warrant shall thereafter be exercisable for the same securities and/or other property as would have been paid for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on and as of the closing of such Acquisition, at an aggregate Exercise Price equal to the aggregate Exercise Price in effect as of immediately prior to such closing, all subject to further adjustment from time to time thereafter in accordance with the provisions of this Warrant or (ii) if the acquiring, surviving or successor entity shall not have assumed this Warrant, then the aggregate Exercise Price shall be reduced to the greater of (x) One Dollar ($1.00) or (y) the aggregate par value of the Shares and this Warrant shall be deemed to have been cashless exercised in full pursuant to Section 2.2 above as of immediately prior to the consummation of such Acquisition.

Treatment of Warrant in non-Cash/Public Acquisition. Upon the closing of any Acquisition other than a Cash/Public Acquisition, either (i) the acquiring, surviving or successor entity shall assume this Warrant and the Company’s obligations hereunder, and this Warrant shall thereafter be exercisable for the same securities and/or other property as would have been paid for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on and as of the closing of such Acquisition, at an aggregate Exercise Price equal to the aggregate Exercise Price in effect as of immediately prior to such closing, all subject to further adjustment from time to time thereafter in accordance with the provisions of this Warrant Warrant; or (ii) if the acquiring, successor or surviving or successor entity shall not have assumed this Warrant, then the aggregate Exercise Price shall be reduced to the greater of (x) One Dollar ($1.00) or (y) the aggregate par value of a Share as of immediately prior to the Shares closing of such Acquisition, and this Warrant shall be deemed to have been cashless exercised in full pursuant to Section 2.2 above as of immediately prior to the consummation closing of such Acquisition.

Treatment of Warrant in non-Cash/Public Acquisition. Upon the closing of any Acquisition other than a Cash/Public Acquisition, either (i) the acquiring, surviving or successor entity shall assume this Warrant and the Company’s obligations hereunder, and this Warrant shall thereafter be exercisable for the same securities and/or other property as would have been paid for the Shares issuable upon exercise of the unexercised portion of this Warrant as if such Shares were outstanding on and as of the closing of such Acquisition, at an aggregate Exercise Price equal to the aggregate Exercise Price in effect as of immediately prior to such closing, all subject to further adjustment from time to time thereafter in accordance with the provisions of this Warrant Warrant; or (ii) if the acquiring, surviving or successor entity shall not have assumed this Warrant, then the aggregate Exercise Price shall be reduced to the greater lesser of (x) One Dollar ($1.00) or (y) the aggregate par value of the Shares as of immediately prior to the closing of such Acquisition, and this Warrant shall be deemed to have been cashless exercised in full pursuant to Section 2.2 above as of immediately prior to the consummation closing of such Acquisition.