Common use of Date of Exercise Clause in Contracts

Date of Exercise. The “Date of Exercise” of the Warrant shall be defined as the date that a copy of the Notice of Exercise Form attached hereto as Exhibit A, completed and executed, is sent by facsimile to the Company or its transfer agent (“Transfer Agent”) (including but not limited to a scanned “PDF” file which is delivered as an attachment to an e-mail to the Company), provided that the original Warrant (if delivery of the original Warrant is required pursuant to Section 2(l) hereof) and Notice of Exercise Form are received by the Company and the Exercise Price is satisfied, each as soon as practicable thereafter. Alternatively, the Date of Exercise shall be defined as the date the original Notice of Exercise Form is received by the Company, if Holder has not sent advance notice by facsimile. Upon delivery of the Notice of Exercise Form to the Company by facsimile or otherwise, the Holder shall be deemed for all corporate purposes to have become the holder of record of the Warrant Shares with respect to which this Warrant has been exercised, irrespective of the date such Warrant Shares are credited to the Holder's DTC account or the date of delivery of the certificates evidencing such Warrant Shares as the case may be. The Company shall deliver any objection to any Notice of Exercise within 1 Business Day of receipt of such notice. In the event of any dispute or discrepancy, the records of the Holder shall be controlling and determinative in the absence of manifest error.

Date of Exercise. The “Date of Exercise” of the Warrant shall shall, in each case, be defined as the date that a copy of the Notice of Exercise Form attached hereto as Exhibit AA-1, completed and executed, is sent by facsimile to the Company or its transfer agent (“Transfer Agent”) (including but not limited to a scanned “PDF” file which is delivered as an attachment to an e-electronic mail to the Company), provided that the original Warrant (if delivery of the original Warrant is required pursuant to Section 2(l) hereof) and Notice of Exercise Form are received by the Company and the Exercise Price is satisfied, each satisfied as soon as practicable thereafterthereafter but in no event later than two (2) Business Days following the date of such electronic mail. Alternatively, the Date of Exercise shall be defined as the date the original Notice of Exercise Form is received by the Company, if Holder has not previously sent advance notice the Exercise Form by facsimileelectronic mail. Upon delivery of the Notice of Exercise Form to the Company by facsimile electronic mail or otherwise, the Holder shall be deemed for all corporate purposes to have become the holder of record of the Warrant Shares with respect to which this Warrant has been exercisedExercised, irrespective of the date such Warrant Shares are credited to the Holder's DTC ’s or its designee’s Depository Trust Company (“DTC”) account or the date of delivery of the certificates evidencing such Warrant Shares Shares, as the case may be. The Company shall deliver any objection to any Notice of Exercise within 1 Business Day of receipt of such notice. In ; provided, however, that in the event an Exercise Form in respect of any dispute or discrepancy, a Cashless Major Exercise is delivered prior to the records occurrence of the applicable Major Transaction, Holder shall be controlling deemed to have become the holder of record of the shares issuable upon such exercise immediately prior to the consummation of such Major Transaction and determinative the Date of Exercise shall in such event be deemed to have occurred on the absence date of manifest errorthe occurrence of the Major Transaction. Holder shall not be required to physically surrender this Warrant to the Company until Holder has purchased all of the Warrant Shares available hereunder and the Warrant has been exercised in full, in which case Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days following the date the final Exercise Form is delivered to the Company. Execution and delivery of an Exercise Form with respect to a partial Exercise shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares.

Date of Exercise. The “Date of Exercise” of the Warrant shall be defined as the date that a copy of the Notice of Exercise Form attached hereto as Exhibit A, completed and executed, is sent by facsimile to the Company or its transfer agent (“Transfer Agent”) (including but not limited to a scanned “PDF” file which is delivered as an attachment to an e-mail to the Company), provided that the original Warrant (if delivery of the original Warrant is required pursuant to Section 2(l2(h) hereof) and Notice of Exercise Form are received by the Company and the Exercise Price is satisfied, each as soon as practicable thereafter. Alternatively, the Date of Exercise shall be defined as the date the original Notice of Exercise Form is received by the Company, if Holder has not sent advance notice by facsimile. Upon delivery of the Notice of Exercise Form to the Company by facsimile or otherwise, the Holder shall be deemed for all corporate purposes to have become the holder of record of the Warrant Shares with respect to which this Warrant has been exercised, irrespective of the date such Warrant Shares are credited to the Holder's DTC account or the date of delivery of the certificates evidencing such Warrant Shares as the case may be. The Company shall deliver any objection to any Notice of Exercise within 1 five (5) Business Day Days of receipt of such notice. In the event of any dispute or discrepancy, the records of the Holder shall be controlling and determinative in the absence of manifest error. "Business Day" shall mean any day other than a Saturday, Sunday or a day on which commercial banks in the City of Houston, Texas are authorized or required by law or executive order to remain closed.

Date of Exercise. The “Date of Exercise” of the Warrant shall be defined as the date that a copy of the Notice of Exercise Form attached hereto as Exhibit AA-1, completed and executed, is sent by facsimile or electronic mail to the Company or its transfer agent (“and the Transfer Agent”) (including but not limited to a scanned “PDF” file which is delivered as an attachment to an e-mail Agent and the payment of the Exercise Price to the CompanyCompany is satisfied (if the Exercise is a Cash Exercise), provided that the original Warrant (if delivery of the original Warrant is required pursuant to Section 2(l) hereof) and Notice of Exercise Form are received by the Company and the Exercise Price is satisfied, each as soon as practicable thereafter. Alternatively, the Date of Exercise shall be defined as the date the original Notice of Exercise Form is received by the Company, and the Exercise Price is satisfied (if the Exercise is a Cash Exercise), if Holder has not sent advance notice by facsimilefacsimile or electronic mail. Upon delivery of the Notice of Exercise Form to the Company by facsimile or otherwiseelectronic mail or otherwise and receipt of the Exercise Price is satisfied (if the Exercise is a Cash Exercise), the Holder shall be deemed for all corporate purposes to have become the holder of record of the Warrant Shares with respect to which this Warrant has been exercisedExercised, irrespective of the date such Warrant Shares are credited to the Holder's DTC ’s Depository Trust Company (“DTC”) account or the date of delivery of the certificates evidencing such Warrant Shares Shares, as the case may be. The Company shall deliver any objection to any Notice of Exercise within 1 Business Day of receipt of such notice. In ; provided, however, that in the event of any dispute or discrepancya Cashless Major Exercise in respect of a Qualified Change of Control Transaction, the records of the Holder shall be controlling and determinative in deemed to have become the absence holder of manifest errorrecord of the shares issuable upon such exercise immediately prior to the consummation of such Qualified Change of Control Transaction.

Date of Exercise. The “Date of Exercise” of the Warrant shall be defined as the date that a copy of the Notice of Exercise Form attached hereto as Exhibit A, completed and executed, is sent by facsimile to the Company (whether transmission by the Holder is by facsimile, electronic mail or its transfer agent (“Transfer Agent”) (including but not limited to a scanned “PDF” file which is delivered as an attachment to an e-mail to the Companymail), provided that the original Warrant (if delivery of the original Warrant is required pursuant to Section 2(l) hereof) and Notice of Exercise Form are received by the Company and the Exercise Price is satisfied, each as soon as practicable within two (2) Business Days thereafter. Alternatively, the Date of Exercise shall be defined as the date the original Notice of Exercise Form is received by the Company, if Holder has not sent advance notice by facsimile. Upon delivery of the Notice of Exercise Form to the Company by electronic mail, facsimile or otherwise, the Holder shall be deemed for all corporate purposes to have become the holder of record of the Warrant Shares with respect to which this Warrant has been exercisedExercised, irrespective of the date such Warrant Shares are credited issued or delivered. The Holder shall not be required to physically surrender this Warrant to the Holder's DTC account or Company until the Holder has purchased all of the Warrant Shares available hereunder and the Warrant has been exercised in full, in which case the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date of the final Exercise Notice is delivered to the Company. Execution and delivery of the certificates evidencing such Warrant Shares Exercise Notice shall have the same effect as the case may be. The Company shall deliver any objection to any Notice of Exercise within 1 Business Day of receipt of such notice. In the event of any dispute or discrepancy, the records cancellation of the Holder shall be controlling original Warrant and determinative in issuance of a New Warrant evidencing the absence right to purchase the remaining number of manifest errorWarrant Shares, if any.

Date of Exercise. The “Date of Exercise” of the Warrant shall be defined as the date that a copy of the Notice of Exercise Form attached hereto as Exhibit A, completed and executed, is sent by facsimile to the Company or its transfer agent (“Transfer Agent”) (including but not limited to a scanned “PDF” file which is delivered as an attachment to an e-mail to the Company), provided that the original Warrant (if delivery of the original Warrant is required pursuant to Section 2(l) hereof) and Notice of Exercise Form are received by the Company and the Exercise Price is satisfied, each as soon as practicable thereafter. Alternatively, the Date of Exercise shall be defined as the date the original Notice of Exercise Form is received by the Company, if Holder has not sent advance notice by facsimile. Upon delivery of the Notice of Exercise Form to the Company by facsimile or otherwise, subject to the Beneficial Ownership Limitations, the Holder shall be deemed for all corporate purposes to have become the holder of record of the Warrant Shares with respect to which this Warrant has been exercised, irrespective of the date such Warrant Shares are credited to the Holder's DTC account or the date of delivery of the certificates evidencing such Warrant Shares as the case may be. The Company shall deliver any objection to any Notice of Exercise within 1 Business Day of receipt of such notice, after which it shall be deemed to have waived its right to object. In the event of any dispute or discrepancy, the records of the Holder shall be controlling and determinative in the absence of manifest error.

Date of Exercise. The “Date of Exercise” of the this Warrant shall be defined as the date that a copy of the Notice of Exercise Form attached hereto as Exhibit A, completed and executed, is sent by facsimile or otherwise to the Company or Allora, as applicable, or (with respect to Allora) its transfer agent (“Transfer Agent”) (including but not limited to a scanned “PDF” file which is delivered as an attachment to an e-mail to the Company), ; provided that the original Warrant (if delivery of the original Warrant is required pursuant to Section 2(l) hereof) and Notice of Exercise Form are received by the Company or Allora, as applicable, and the Exercise Price is satisfied, each as soon as practicable thereafter. Alternatively, the Date of Exercise shall be defined as the date the original Notice of Exercise Form is received by the CompanyCompany or Allora, as applicable, if Holder has not sent advance notice by facsimile. Upon delivery of the Notice of Exercise Form to the Company or Allora, as applicable, by facsimile or otherwise, the Holder shall be deemed for all corporate purposes to have become the holder of record of the Warrant Exercise Shares with respect to which this Warrant has been exercisedExercised pursuant to Section 2(a)(i) and (ii), irrespective of the date such Warrant Exercise Shares are credited to the Holder's ’s DTC account or the date of delivery of the certificates evidencing such Warrant Exercise Shares as the case may be. The Company or Allora, as applicable, shall deliver any objection to any Notice of Exercise within 1 Business Day of receipt of such notice. In the event of any dispute or discrepancy, the records of the Holder shall be controlling and determinative in the absence of manifest error.

Date of Exercise. The “Date of Exercise” of the Warrant shall be defined as the date that a copy of the Notice of Exercise Form attached hereto as Exhibit A, completed and executed, is sent by facsimile to the Company or its transfer agent (“Transfer Agent”) (including but not limited to a scanned “PDF” file which is delivered as an attachment to an e-mail to the Company), provided that the original Warrant (if delivery of the original Warrant is required pursuant to Section 2(l) hereof) and Notice of Exercise Form are received by the Company and the Exercise Price is satisfied, each as soon as practicable thereafter. Alternatively, the Date of Exercise shall be defined as the date the original Notice of Exercise Form is received by the Company, if Holder has not sent advance notice by facsimile. Upon delivery of the Notice of Exercise Form to the Company by facsimile or otherwise, the Holder shall be deemed for all corporate purposes to have become the holder of record of the Warrant Shares with respect to which this Warrant has been exercisedExercised, irrespective of the date such Warrant Shares are credited to the Holder's DTC ’s Depository Trust Company (“DTC”) account or the date of delivery of the certificates evidencing such Warrant Shares Shares, as the case may be. The Company shall deliver any objection to any Notice of Exercise within 1 Business Day of receipt of such notice. In ; provided, however, that in the event of any dispute or discrepancya Cashless Major Exercise in respect of a Qualified Change of Control Transaction, the records of the Holder shall be controlling deemed to have become the holder of record of the shares issuable upon such exercise immediately prior to the consummation of such Qualified Change of Control Transaction and determinative provided, further, that in the absence event of manifest errora Cashless Major Exercise triggered by an event set forth in Section 5(c)(i)(G), the Holder shall be deemed to have become the holder of record of the shares issuable upon such exercise immediately following the occurrence of the Major Transaction.

Date of Exercise. The “Date of Exercise” of the Warrant shall be defined as the date that a copy of the Notice of Exercise Form attached hereto as Exhibit A, completed and executed, is sent by facsimile to the Company LEI or its transfer agent (“Transfer Agent”) (including but not limited to a scanned “PDF” file which is delivered as an attachment to an e-mail to the CompanyLEI), provided that the original Warrant (if delivery of the original Warrant is required pursuant to Section 2(l2(h) hereof) and Notice of Exercise Form are received by the Company LEI and the Exercise Price is satisfied, each as soon as practicable thereafter. Alternatively, the Date of Exercise shall be defined as the date the original Notice of Exercise Form is received by the CompanyLEI, if Holder Xxxxxxxxx has not sent advance notice by facsimile. Upon delivery of the Notice of Exercise Form to the Company LEI by facsimile or otherwise, the Holder Xxxxxxxxx shall be deemed for all corporate purposes to have become the holder of record of the Warrant Shares with respect to which this Warrant has been exercised, irrespective of the date such Warrant Shares are credited to the Holder's Xxxxxxxxx’x DTC account or the date of delivery of the certificates evidencing such Warrant Shares as the case may be. The Company LEI shall deliver any objection to any Notice of Exercise within 1 five (5) Business Day Days of receipt of such notice. In the event of any dispute or discrepancy, the records of the Holder Xxxxxxxxx shall be controlling and determinative in the absence of manifest error. "Business Day" shall mean any day other than a Saturday, Sunday or a day on which commercial banks in the City of Houston, Texas are authorized or required by law or executive order to remain closed.