Common use of Delivery of Stock Certificates, etc. on Exercise Clause in Contracts

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within Three (3) business days thereafter (“Warrant Share Delivery Date”), the Company shall, at its expense (including the payment by it of any applicable issue taxes), cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock to which such Holder shall be entitled on such exercise. The Company understands that a delay in the delivery of the Warrant Shares after the Warrant Share Delivery Date could result in economic loss to the Holder. Furthermore, in addition to any other remedies which may be available to the Holder, in the event that the Company fails for any reason to effect delivery of the Warrant Shares by the Warrant Share Delivery Date, the Holder may revoke all or part of the relevant Warrant exercise by delivery of a notice to such effect to the Company, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the exercise of the relevant portion of this Warrant.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within Three (3) business days thereafter (“Warrant Share Delivery Date”), the Company shall, at its expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise. The Company understands that a delay in the delivery of the Warrant Shares after the Warrant Share Delivery Date could result in economic loss to the Holder. Furthermore, in addition to any other remedies which may be available to the Holder, in the event that the Company fails for any reason to effect delivery of the Warrant Shares by the Warrant Share Delivery Date, the Holder may revoke all or part of the relevant Warrant exercise by delivery of a notice to such effect to the Company, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the exercise of the relevant portion of this Warrant.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewithas aforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within Three four (34) business days thereafter (“Warrant Share Delivery Date”), the Company shall, at its expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise. The Company understands that a delay in the delivery of the Warrant Shares after the Warrant Share Delivery Date could result in economic loss to the Holder. Furthermore, plus, in addition lieu of any fractional share to which such Holder would otherwise be entitled, one full share of Common Stock, together with any other remedies stock or other securities and property (including cash, where applicable) to which may be available such Holder is entitled upon such exercise pursuant to the Holder, in Section 1 or otherwise. In the event that the Company fails for any reason to effect delivery of the Warrant Shares by the Warrant Share Delivery Date, the Holder may revoke all or part of the relevant Warrant exercise by delivery of a written notice to such effect to the CompanyCompany provided that in the case of such a notice the notice shall be delivered by registered mail or by recognized overnight courier service, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the exercise of the relevant portion of this Warrant.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder holder hereof as the record owner of such shares as of the close date of business on issuance of the date on which shares of Common Stock issued pursuant to the Triggering Conversion Notice, provided that the holder of this Warrant shall have been surrendered and made payment made for the shares purchased upon exercise of this Warrant within 5 business days of receipt of the relevant Triggering Conversion Notice. If payment is not received within such five business day period, the date of issuance shall be deemed the date of receipt of payment for such shares in accordance herewithshares. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within Three (3) business 10 days thereafter (“Warrant Share Delivery Date”)thereafter, the Company shall, at its expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the Holderholder hereof, or as such Holder holder (upon payment by such Holder holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable nonassessable shares of Common Stock to which such Holder holder shall be entitled on such exercise. The Company understands that a delay in the delivery of the Warrant Shares after the Warrant Share Delivery Date could result in economic loss to the Holder. Furthermore, plus, in addition lieu of any fractional share to any other remedies which may such holder would otherwise be available entitled, cash equal to the Holder, in the event that the Company fails for any reason to effect delivery of the Warrant Shares such fraction multiplied by the Warrant Share Delivery Date, Fair Market Value of one full share on the Holder may revoke all or part business day immediately preceding the date of the relevant Warrant exercise by delivery of a notice to such effect to the Company, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the exercise of the relevant portion of this Warrantissuance.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment shall have been made for such shares in accordance herewith. As soon as practicable after Each date on which an Exercise Notice is delivered or telecopied to the exercise of this Warrant Company in full or in part, and in any event within Three accordance with the provisions hereof shall be deemed an Exercise Date (3) business days thereafter (the “Warrant Share Delivery Exercise Date”). Pursuant to the terms of each Exercise Notice, the Company shall, at its expense (including the payment by it of any applicable issue taxes), cause to be issued in the name of and delivered ) will issue instructions to the Holder, or as such Holder transfer agent within one (upon payment by such Holder 1) business day of any applicable the date of the delivery to the Company of an Exercise Notice and shall cause the transfer taxes) may direct in compliance with applicable securities laws, a certificate or agent to transmit the certificates for representing the number of duly and validly issued, fully paid and non-assessable shares of Common Stock (“Warrant Shares”) purchased and issuable upon such exercise to which the Holder by crediting the account of the Holder’s designated broker with the Depository Trust Corporation (“DTC”) through its Deposit Withdrawal Agent Commission (“DWAC”) system within three (3) business days after receipt by the Company of the Exercise Notice. In the case of the exercise of this Warrant such exercise shall be deemed to have been exercised and the Warrant Shares shall be deemed to have been issued upon the date of receipt by the Company of the Exercise Notice. The Holder shall be entitled on such exercise. The Company understands that a delay in treated for all purposes as the delivery record holder of the Warrant Shares after the Warrant Share Delivery Date could result in economic loss to the Holder. Furthermore, in addition to any other remedies which may be available to the Holder, in the event that the Company fails for any reason to effect delivery of the Warrant Shares by the Warrant Share Delivery Date, the Holder may revoke all or part of the relevant Warrant exercise by delivery of a notice to such effect to the Company, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the exercise of the relevant portion of this WarrantShares.

Delivery of Stock Certificates, etc. on Exercise. Pursuant to the terms of a Subscription Form, the Company will issue instructions to the transfer agent accompanied by an opinion of counsel, if so required by the Company’s transfer agent and shall cause the transfer agent to transmit the certificates representing the shares of Common Stock purchased upon exercise of this Warrant to the Holder by crediting the account of the Holder’s designated broker with the Depository Trust Corporation (“DTC”) through its Deposit Withdrawal Agent Commission (“DWAC”) system within four (4) business days after receipt by the Company of the Subscription Form. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewithas aforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within Three four (34) business days thereafter (“Warrant Share Delivery Date”), the Company shall, at its expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise. The Company understands that a delay in the delivery of the Warrant Shares after the Warrant Share Delivery Date could result in economic loss to the Holder. Furthermore, plus, in addition lieu of any fractional share to which such Holder would otherwise be entitled, cash equal to such fraction multiplied by the then fair market value of one full share of Common Stock, together with any other remedies stock or other securities and property (including cash, where applicable) to which may be available such Holder is entitled upon such exercise pursuant to the Holder, in the event that the Company fails for any reason to effect delivery of the Warrant Shares by the Warrant Share Delivery Date, the Holder may revoke all Section 1 or part of the relevant Warrant exercise by delivery of a notice to such effect to the Company, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the exercise of the relevant portion of this Warrantotherwise.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within Three (3) business days thereafter (“Warrant Share Delivery Date”), the Company shall, at its expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise. The Company understands that a delay in the delivery of the Warrant Shares after the Warrant Share Delivery Date could result in economic loss to the Holder. Furthermore, in addition to any other remedies which may be available to the Holder, in the event that the Company fails for any reason to effect delivery of the Warrant Shares by the Warrant Share Delivery Date, the Holder may revoke all or part of the relevant Warrant exercise by delivery of a notice to such effect to the Company, whereupon the Company and the Holder shall each be restored to their their- respective positions immediately prior to the exercise of the relevant portion of this Warrant.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that that, provided the shares of Common Stock full purchase price listed in the Subscription Form is received as specified in Section 1.2, the Ordinary Shares purchased upon exercise of this Warrant shall be deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant delivery of a Subscription Form shall have been surrendered occurred and payment made for such shares in accordance herewithas aforesaid. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within Three seven (37) business calendar days thereafter (“Warrant Share Delivery Date”), the Company shall, at its expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock Ordinary Shares (or Other Securities) to which such Holder shall be entitled on such exercise, together with any other stock or other securities to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise. The Company understands that a delay in the delivery of the Warrant Shares after the Warrant Share Delivery Date could result in economic loss to the Holder. Furthermore, in addition to any other remedies which may be available to the Holder, in In the event that the Company fails for any reason to effect delivery of the Warrant Shares by the Warrant Share Delivery Date, the Holder may revoke all or part of the relevant Warrant exercise by delivery of a notice to such effect to the Company, whereupon the Company and the Holder shall each be restored to their respective positions immediately prior to the exercise of the relevant portion of this Warrant.

Delivery of Stock Certificates, etc. on Exercise. The Company agrees that the shares of Common Stock Warrant Shares purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment shall have been made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within Three three (3) business days thereafter (“Warrant Share Delivery Date”)thereafter, the Company shall, at its expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the Holder, or as such Holder holder (upon payment by such Holder holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and non-assessable shares of Common Stock to which such Holder shall be entitled on such exercisenonassessable Warrant Shares. The Company understands that a delay in the delivery of the Warrant Shares after the Warrant Share Delivery Date could result in economic loss Notwithstanding anything to the Holder. Furthermorecontrary set forth herein or in any other agreement, in addition to connection with any other remedies which may be available to the Holder, in the event that the Company fails for any reason to effect delivery of the Warrant Shares exercise by the Warrant Share Delivery DateHolder under this Warrant, the Holder may revoke all or part deliver to the transfer agent of the relevant Warrant exercise by delivery Common Stock shares of a notice to such effect to common stock of Biovest issued in the Company, whereupon name of the Company and pledged by the Company to the Holder as collateral in exchange for Warrant Shares, and the transfer agent shall each be restored permitted to their respective positions immediately prior issue to Holder such Warrant Shares set forth in the exercise of notice without requiring further approval from the relevant portion of this WarrantCompany or Biovest. Any shares not so exchanged for Warrant Shares shall be returned to Holder to retain as collateral (together with a new duly executed undated stock power executed in blank).