Common use of Exercise and Duration of Warrant Clause in Contracts

Exercise and Duration of Warrant. (a) This Warrant will be exercisable, in whole or in part, by the registered Holder at any time and from time to time on and after the Original Issue Date to and including the Expiration Date. At 5:00 p.m., New York City time on the Expiration Date, the portion of this Warrant not exercised prior to the Expiration Date will be and become void and of no value. (b) A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached to this Warrant as Appendix B (the "Exercise Notice"), appropriately completed and duly signed and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (as set forth in Section 4(c) below). The date such items are received by the Company is an "Exercise Date." Execution and delivery of the Exercise Notice will 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. (c) The Holder will pay the Exercise Price, at the sole election of the Holder, (i) in cash, by certified bank check payable to the order of the Company, or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) by presenting and surrendering to the Company this Warrant, in which event the Company will issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where:

Exercise and Duration of Warrant. (a) This Warrant will shall be exercisable, either in whole its entirety or in partfor a portion of the number of Warrant Shares, by the registered Holder at any time and from time to time on from and after the Original Issue Initial Exercise Date to and including the Expiration Date. At 5:00 p.m., P.M. New York City time on the Expiration Date, the portion of this Warrant not exercised prior to the Expiration Date will thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company Company, in accordance with Section 13, this Warrant, together with (i) an exercise notice, in the form attached to this Warrant hereto as Appendix B (the "“Exercise Notice"”), appropriately completed and duly signed signed, and (ii) (A) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised pursuant to a Cash Exercise (as set forth in Section 4(c) below) or (B) if available pursuant to Section 4(d) below, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as set forth in Section 4(d) below). The , and the date such items are received by the Company is an "“Exercise Date." ” Execution and delivery of the an Exercise Notice will have in respect of less than all of the same effect as Warrant Shares issuable upon exercise of this Warrant shall result in the cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder will pay the Exercise Price, at the sole election of the Holder, (i) in cash, by certified bank check payable to the order of the Company, or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) by presenting and surrendering to the Company this Warrant, in which event the Company will issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where:

Exercise and Duration of Warrant. (a) This Warrant will shall be exercisable, in whole or in part, exercisable by the registered Holder at any time and from time to time on and or after the Original Issue Date date hereof to and including the Expiration Date. At 5:00 p.m.5:30 P.M., New York City time on the Expiration Date, the portion of this Warrant not exercised prior to the Expiration Date will thereto shall be and become void and of no value. (b) A The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached to this Warrant as Appendix B SCHEDULE 1 hereto (the "Exercise NoticeEXERCISE NOTICE"), appropriately completed and duly signed, (ii) if the Holder is exercising the Warrant other than pursuant to a "cashless exercise", a signed letter substantially in the form attached as SCHEDULE 3 hereto, and (iiiii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (as set forth which may take the form of a "cashless exercise" if so indicated in Section 4(c) the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to SECTION 10 below). The , and the date such items are received by delivered to the Company (as determined in accordance with the notice provisions hereof) is an "Exercise DateEXERCISE DATE." Execution and delivery of the Exercise Notice will have the same effect as cancellation of The Holder shall be required to deliver the original Warrant and issuance in order to effect an exercise hereunder. The Holder shall, however, be entitled to effect the exercise of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder will pay the Exercise Price, at the sole election of the Holder, (i) in cash, Shares by certified bank check payable notice to the order Company at any time during which the Warrant is in transit to or from the Company or in the possession of the Company, or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) by presenting and surrendering to the Company this Warrant, in which event the Company will issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where:.

Exercise and Duration of Warrant. (a) This Warrant will shall be exercisable, either in whole its entirety or in partfor a portion of the number of Warrant Shares, by the registered Holder at any time and from time to time on from and after the Original Issue Initial Exercise Date to and including the Expiration Date. At 5:00 p.m., P.M. New York City time on the Expiration Date, the portion of this Warrant not exercised prior to the Expiration Date will thereto shall be and become void and of no value, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) A Holder may exercise this Warrant by delivering to the Company Company, in accordance with Section 13, this Warrant, together with (i) an exercise notice, in the form attached to this Warrant hereto as Appendix B (the "Exercise NoticeEXERCISE NOTICE"), appropriately completed and duly signed signed, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (as set forth in Section 4(c) below). The , and the date such items are received by the Company is an "Exercise DateEXERCISE DATE." Execution and delivery of the an Exercise Notice will have in respect of less than all of the same effect as Warrant Shares issuable upon exercise of this Warrant shall result in the cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) The Holder will shall pay the Exercise Price, at the sole election of the Holder, (i) Price in cash, by certified bank check payable to the order of the Company, Company or by wire transfer of immediately available funds in accordance with the Company's instructions instructions. (d) Except as otherwise provided for herein, this Warrant shall not entitle the Holder to any voting rights or (ii) by presenting and surrendering to other rights as a stockholder of the Company this Warrant, in which event by virtue of the Company will issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where:ownership hereof.

Exercise and Duration of Warrant. (a) This Warrant will shall be exercisable, in whole or in part, exercisable by the registered Holder at any time and from time to time on and after the Original Issue Initial Exercise Date to and including the Expiration Date. At 5:00 p.m.P.M., New York City time on the Expiration Date, the portion of this Warrant not exercised prior to the Expiration Date will thereto shall be and become void and of no value, regardless of whether this Warrant shall be returned to the Company. (b) A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached to this Warrant hereto as Appendix APPENDIX B (the "Exercise NoticeEXERCISE NOTICE"), appropriately completed and duly signed, delivered or by facsimile, PROVIDED that signed originals follow within three Trading Days, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (as set forth in Section 4(c) below). The , and the date such items are received by the Company is an "Exercise DateEXERCISE DATE." Execution and delivery of the Exercise Notice will 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, if any. (c) The Holder will shall pay the Exercise Price, at the sole election of the Holder, Price (i) in cash, by certified bank check payable to the order of the Company, cash or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) if at any time the Market Price exceeds the Exercise Price, by means of a "cashless exercise," by presenting and surrendering to the Company this Warrant, in whole or in part, in which event the Company will shall issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where:

Exercise and Duration of Warrant. (a) This All or any part of this Warrant will shall be exercisable, in whole or in part, exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on and or after the Original Issue Trigger Date to and through and including 5:30 P.M. New York City time, on the Expiration Date. At 5:00 p.m.5:30 P.M., New York City time time, on the Expiration Date, the portion of this Warrant not exercised prior to the Expiration Date will thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and no longer outstanding. (b) A The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached to this Warrant as Appendix B Schedule 1 hereto (the "“Exercise Notice"”), appropriately completed and duly signed signed, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised exercised, and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The delivery by (or on behalf of) the Holder of the Exercise Notice and the applicable Exercise Price as provided above shall constitute the Holder’s certification to the Company that its representations and warranties set forth in Section 4(c) below6 of the Convertible Note are true and correct as of the Exercise Date as if remade in their entirety (or, in the case of any transferee Holder that is not a party to the Convertible Notes, such transferee Holder’s certification to the Company that such representations are true and correct as to such assignee Holder as of the Exercise Date). The date such items are received by Holder shall not be required to deliver the Company is original Warrant in order to effect an "Exercise Date." exercise hereunder. Execution and delivery of the Exercise Notice will 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. (c) The Holder will pay the Exercise Price, at the sole election of the Holder, (i) in cash, by certified bank check payable to the order of the Company, or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) by presenting and surrendering to the Company this Warrant, in which event the Company will issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where:

Exercise and Duration of Warrant. (a) This Warrant will shall be exercisable, in whole or in part, exercisable by the registered Holder at any time and from time to time on and One Hundred Twenty (120) days after the Original Issue Date final Closing of the Offering (as defined in the Placement Agent Agreement) to and including the Expiration Date. At 5:00 p.m., P.M. New York City time on the Expiration Date, the portion of this Warrant not exercised prior to the Expiration Date will thereto shall be and become void and of no value. (b) A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached to this Warrant hereto as Appendix B (the "“Exercise Notice"”), appropriately completed and duly signed signed, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (as set forth in Section 4(c4(d) below). The , and the date such items are received by the Company is an "“Exercise Date." ” Execution and delivery of the Exercise Notice will 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. (c) The At any time during the exercise period, the Holder will pay the Exercise Pricemay, at the sole election of the Holderits option, (i) exercise this Warrant on a cashless basis by exchanging this Warrant, in cashwhole or in part, by certified bank check payable to the order means of the Companya “cashless exercise”, or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) by presenting and surrendering to the Company this WarrantWarrant and the Exercise Notice, and indicating in the Exercise Notice that the Holder is electing the “cashless exercise” option, in which event the Company will shall issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where:

Exercise and Duration of Warrant. (a) This Warrant will shall be exercisable, in whole or in part, exercisable by the registered Holder at any time and from time to time time, in whole or in part, on and or after the Original Issue Date December 3, 2008, to and including the Expiration Date. At 5:00 p.m.P.M., New York City time on the Expiration Date, the portion of this Warrant not exercised prior to the Expiration Date will thereto shall be and become void and of no value. (b) A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached to this Warrant as Appendix B hereto (the "“Exercise Notice"”), appropriately completed and duly signed signed, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (as set forth in Section 4(c) below). The exercised, and the date such items are received by delivered to the Company (as determined in accordance with the notice provisions hereof) is an "“Exercise Date." Execution and delivery of the Exercise Notice will 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.” (c) The Holder will pay the Exercise Price, This Warrant may also be exercised at the sole election such time by means of the Holder, (i) in cash, by certified bank check payable to the order of the Company, or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) by presenting and surrendering to the Company this Warrant, a “cashless exercise” in which event the Company will issue to the Holder shall be entitled to receive a certificate for the number of Warrant Shares determined as follows: X = Y equal to the quotient obtained by dividing [(A-B)/AB) (X)] by (A), where: (A) = the VWAP on the Trading Day immediately preceding the date of such election; (B) = the Exercise Price of this Warrant, as adjusted; and (X) = the number of Warrant Shares issuable upon exercise of this Warrant in accordance with the terms of this Warrant by means of a cash exercise rather than a cashless exercise. (d) For the purposes of this Agreement, the following definitions shall apply:

Exercise and Duration of Warrant. (a) This Warrant will shall be exercisable, in whole or in part, exercisable by the registered Holder at any time and from time to time on and after the Original Issue Initial Exercise Date to and including the Expiration Date. At 5:00 p.m., P.M. New York City time on the Expiration Date, the portion of this Warrant not exercised prior to the Expiration Date will thereto shall be and become void and of no value. (b) A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached to this Warrant hereto as Appendix B (the "“Exercise Notice"”), appropriately completed and completed, duly signed and delivered in compliance with Section 14, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (as set forth in Section 4(c) below). The , and the date such items are received by the Company is an "“Exercise Date." ” Execution and delivery of the Exercise Notice will 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. (c) The Holder will shall pay the Exercise Price, at the sole election of the Holder, Price (i) in cash, by certified bank check payable to the order of the Company, Company or by wire transfer of immediately available funds in accordance with the Company's ’s instructions or (ii) if at any time on or after the Initial Exercise Date the Market Price exceeds the Exercise Price, by means of a “cashless exercise”, by presenting and surrendering to the Company this Warrant, in which event the Company will shall issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where: