Common use of Exercise of the Warrant Clause in Contracts

Exercise of the Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise as aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the 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 the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Exercise of the Warrant. Exercise of the purchase rights represented by this The Warrant may be madeexercised by surrendering the Warrant and the completed and signed Subscription Form, in whole or in partto the Company, at any time or times on or after the Initial Exercise Date its principal office, and on or before the Termination Date by delivery upon payment to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise as aforesaid, the Holder shall deliver the aggregate Exercise Purchase Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the 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 the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased in respect of which such Warrant is then being exercised (such surrender of Warrant, delivery of the Subscription Form and payment of the date of such purchasesExercise Price is hereinafter called the "EXERCISE OF THE WARRANT"). The Upon partial exercise, the Company shall deliver any objection a new Common Stock Purchase Warrant for the unexercised portion to any Notice the Holder within 10 Business Days. Payment of the Purchase Price shall be by delivery of cash, or a certified or official bank check. Subject to Section 3 hereof, upon such surrender of a Warrant and payment of the Exercise Price as aforesaid, the Company shall issue and deliver within one ten (110) Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason Days in the name of the provisions of this paragraphHolder, following or upon the purchase of a portion written order of the Warrant Shares hereunderHolder thereof, in such name or names as the Holder may designate, a certificate or certificates for the number of Warrant Shares available for purchase hereunder at so purchased upon the Exercise of the Warrant, together with cash, as provided in Section 6.4 hereof, in lieu of any given time may fractional Warrant Shares otherwise issuable upon such surrender. Such certificate or certificates shall be less than deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the amount stated on date applicable of the face hereofExercise of the Warrant and payment of the Exercise Price, as aforesaid.

Exercise of the Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) Company of a duly executed facsimile copy (or e-mail attachment) of the Notice of Exercise in the form annexed hereto. Within the earlier of (i) three (3) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier's ’s check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the 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 the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Exercise of the Warrant. Exercise of the purchase rights represented by this This Warrant may be madeexercised by the holder, in whole or in part, at any time or times on or after in part from time to time prior the Initial Expiration Date, by the surrender of this Warrant Certificate (with the Form of Exercise Date and on or before below duly executed) at the Termination Date principal office of Warrant Agent, together with proper payment of the Exercise Price of the proportionate part thereof if this Class C Warrant is exercised in part. Payment for shares of Common Stock issuable upon exercise of the Class C Warrants ("Warrant Shares") shall be made by delivery check payable to the Company (or such other office or agency order of the Company. If this warrant Certificate is exercised in part, this Class C Warrant must be exercised for the number of whole Warrant Shares, and the Holder is entitled to receive a new Warrant Certificate covering the number of whole Warrant Shares in respect of which this Class C Warrant has not been exercised. Upon such surrender of this Class C Warrant, the Company as it may designate by notice will (a) issue a certificate(s) in writing to the registered Holder at the address name of the Holder appearing on for the books largest number of the Company) of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise as aforesaid, whole Warrant Shares to which the Holder shall deliver the aggregate Exercise Price for the shares specified be entitled and, if this Class C Warrant is exercised in the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified whole in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) lieu of any Notice of Exercise form be required. Notwithstanding anything herein fractional Warrant Share to the contrary, which the Holder shall not be required to physically surrender this Warrant entitled, cash equal to the Company until fair value of such fractional share (determined in accordance with the Holder has purchased all Warrant Agreement), and (b) deliver the other securities and properties receivable upon the exercise of the Class C Warrant, or the proportionate part thereof if this Class C Warrant is exercised in part, pursuant to the provisions 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 the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereofAgreement.

Exercise of the Warrant. Exercise of the purchase rights represented by this The Warrant may be made, in whole or in partexercised upon surrender to the Company, at any time or times its principal office, of the certificate evidencing the Warrant to be exercised, together with the Purchase Form on or after the Initial Exercise Date reverse thereof duly filled in and on or before the Termination Date by delivery signed, and upon payment to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise as aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant Shares available hereunder Price (as defined in and determined in accordance with the Warrant has been exercised in fullprovisions of Sections 2 and 6 hereof), in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares in respect of which such Warrant is then exercised. Upon partial exercise, a Warrant Certificate for the unexercised portion shall be delivered to the Holder. Payment of the aggregate Warrant Price shall be payable in cash, by certified or official bank check or wire transfer. Subject to Section 3 hereof, upon such surrender of the Warrant and payment of the Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrant, together with cash, as provided in Section 8 hereof, in respect of any fractional Warrant Shares otherwise issuable upon such surrender. Such certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt the surrender of such notice. The Holder Warrant and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion payment of the Warrant Shares hereunderPrice, as aforesaid; provided, however, that if, at the date of surrender of such Warrant and payment of such Warrant Price, the number of transfer books for the Warrant Shares available or other class of stock purchasable upon the exercise of such Warrant shall be closed, the certificates for purchase hereunder the Warrant Shares in respect of which such Warrant are then exercised shall be issuable as of the date on which such books shall next be opened (whether before or after the Expiration Date) and until such date the Company shall be under no duty to deliver any certificate for such Warrant Shares; provided, further, that the transfer books of record, unless otherwise required by law, shall not be closed at any given one time may be less for a period longer than the amount stated on the face hereof20 calendar days.

Exercise of the Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise as aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier's ’s check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the 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 the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Exercise of the Warrant. Exercise of the purchase rights represented by this The Warrant may be made, in whole or in partexercised upon surrender to the Company, at any time or times its principal office, of the certificate evidencing the Warrant to be exercised, together with the Purchase Form on or after the Initial Exercise Date reverse thereof duly filled in and on or before the Termination Date by delivery signed, and upon payment to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise as aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant Shares available hereunder Price (as defined in and determined in accordance with the Warrant has been exercised in fullprovisions of Sections 2 and 6 hereof), in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares in respect of which such Warrant is then exercised. Upon partial exercise, a Warrant Certificate for the unexercised portion shall be delivered to the Holder. Payment Subject to Section 3 hereof, upon such surrender of the Warrant and payment of the Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrant, together with cash, as provided in Section 8 hereof, in respect of any fractional Warrant Shares otherwise issuable upon such surrender. Such certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt the surrender of such notice. The Holder Warrant and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion payment of the Warrant Shares hereunderPrice, as aforesaid; provided, however, that if, at the date of surrender of such Warrant and payment of such Warrant Price, the number of transfer books for the Warrant Shares available or other class of stock purchasable upon the exercise of such Warrant shall be closed, the certificates for purchase hereunder the Warrant Shares in respect of which such Warrant are then exercised shall be issuable as of the date on which such books shall next be opened (whether before or after the Expiration Date) and until such date the Company shall be under no duty to deliver any certificate for such Warrant Shares; provided, further, that the transfer books of record, unless otherwise required by law, shall not be closed at any given one time may be less for a period longer than the amount stated on the face hereof20 calendar days.

Exercise of the Warrant. Exercise of the purchase rights represented by this This Class E Warrant may be madeexercised by holder, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery in part from time to time prior to the Company Expiration Date, by the surrender of this Warrant Certificate (or such other with the Form of Exercise below duly executed) at the principal office or agency of Warrant Agent, together with proper payment of the Company as it may designate Exercise Price of the proportionate part thereof if this Class E Warrant is exercised in part. Payment for shares of Common Stock issuable upon exercise of the Class E Warrants ("Warrant Shares") shall be made by notice in writing check payable to the registered order of the Company. It this warrant Certificate is exercised in part, this Class E Warrant must be exercised for the number of whole Warrant Shares, and the Holder at is entitled to receive a new Warrant Certificate covering the address number of whole Warrant Shares in respect of which this Class E Warrant has not been exercised. Upon such surrender of this Class E Warrant, the Company will (a) issue a certificate(s) in the name of the Holder appearing on for the books largest number of the Company) of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise as aforesaid, whole Warrant Shares to which the Holder shall deliver the aggregate Exercise Price for the shares specified be entitled and, if this Class E Warrant is exercised in the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified whole in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) lieu of any Notice of Exercise form be required. Notwithstanding anything herein fractional Warrant Share to the contrary, which the Holder shall not be required to physically surrender this Warrant entitled, cash equal to the Company until fair value of such fractional share (determined in accordance with the Holder has purchased all Warrant Agreement), and (b) deliver the other securities and properties receivable upon the exercise of the Class E Warrant, or the proportionate part thereof if this Class E Warrant is exercised in part, pursuant to the provisions 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 the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereofAgreement.

Exercise of the Warrant. The Warrant may be exercised upon surrender to the Company, at its principal office, of the Warrant, together with the Subscription Form completed and signed, and upon payment to the Company of the Exercise Price (as defined in and determined in accordance with the provisions of Sections 2.5 hereof) for the number of Warrant ------------- Shares in respect of which such Warrant is then being exercised (such surrender of Warrant, delivery of the Subscription Form and payment of the Exercise Price hereinafter called the "Exercise of the purchase rights represented Warrant"). Upon partial exercise, a new Warrant for the unexercised Warrant Shares shall be delivered by this Warrant may the Company to Holder within five (5) Business Days. Payment of the Exercise Price shall be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery of cash, or a certified or official bank check in the amount of such Exercise Price. Subject to the Company (or Section 3 hereof, upon such other office or agency surrender of a Warrant and ---------- payment of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise Price as aforesaid, the Company shall issue and cause to be delivered within five (5) Business Days to Holder shall deliver or, upon the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all written order of the Warrant Shares available hereunder and the Warrant has been exercised in fullHolder, in which casesuch name or names as Holder may designate, the Holder shall surrender this Warrant to the Company a certificate or certificates for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares so purchased upon the exercise of such Warrant, together with cash, as provided in Section 6.4 ----------- hereof in lieu of any fractional Warrant Shares otherwise issuable upon such surrender. Such certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of such purchases. The Company shall deliver any objection to any Notice of the Exercise within one (1) Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereofWarrant.

Exercise of the Warrant. Exercise of the purchase rights represented by this This Warrant may be madeexercised by the Holder, or an assign in whole whole, or in part, part at any time or times on or after from time to time during the Initial Warrant Exercise Date and on or before Period by its surrender (with the Termination Date by delivery subscription form at the foot hereof duly executed) to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address set forth in Subsection 8.1 hereof, together with payment of the Aggregate Warrant Price, or a proportionate part thereof, if this Warrant is exercised in part. Payment for any Warrant Shares shall be made by certified or official bank check payable to the order of the Company. If this Warrant is exercised in part, it must be exercised for a number of whole Shares, and the Holder or an assign shall receive a new Warrant covering the Warrant Shares that have not been exercised setting forth the proportionate part of the Aggregate Warrant Price applicable to such unexercised Warrant Shares. Upon any such surrender of this Warrant, the Company will (a) issue a certificate or certificates in the name of the Holder appearing on for the books largest number of the Company) whole Shares to which it shall be entitled hereunder and, if this Warrant is exercised in whole, in lieu of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise as aforesaid, any fractional Shares to which the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contraryentitled, the Holder shall not be required to physically surrender this Warrant to the Company until will pay 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 the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder cash in an amount equal to the applicable number fair value of Warrant such fractional Shares purchased. The Holder and (determined in such reasonable manner as the Board of Directors of the Company shall maintain records showing determine); and (b) deliver the number of Warrant Shares purchased and receivable upon the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt of such notice. The Holder and any assignee, by acceptance exercise of this Warrant, acknowledge and agree thator a proportionate part thereof if this Warrant is exercised in part, by reason of pursuant to the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Exercise of the Warrant. Exercise of the purchase rights represented by this This Warrant may be made, exercised in whole or in partpart by the Holder, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery date hereof prior to the Company (or such other office or agency termination of this Warrant, by the Company as it may designate by notice in writing to the registered Holder at the address surrender of the Holder appearing on the books of the Company) of a duly executed facsimile copy of this Warrant, together with the Notice of Exercise and Investment Representation Statement in the form annexed heretoforms attached hereto as Attachments 1 and 2, respectively, duly completed and executed at the principal office of the Company, specifying the portion of the Warrant to be exercised and accompanied by payment in full of the Warrant Price in cash or by check with respect to the shares of Warrant Stock being purchased. Within three (3) Trading Days following This Warrant shall be deemed to have been exercised immediately prior to the close of business on the date of its surrender for exercise as aforesaidprovided above, and the person entitled to receive the shares of Warrant Stock issuable upon such exercise shall be treated for all purposes as Holder of such shares of record as of the close of business on such date. As promptly as practicable after such date, the Holder Company shall issue and deliver to the aggregate Exercise Price person or persons entitled to receive the same a certificate or certificates for the number of full shares specified in of Warrant Stock issuable upon such exercise. If the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise Warrant shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the 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 the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of less than the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number shares of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt of such notice. The Holder and any assigneeStock then issuable upon exercise, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion promptly after surrender of the Warrant Shares hereunderupon such exercise, the number Company will execute and deliver a new Warrant, dated the date hereof, evidencing the right of the Holder to the balance of the Warrant Shares available for purchase Stock purchasable hereunder at any given time may be less than upon the amount stated on the face hereofsame terms and conditions set forth herein.

Exercise of the Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise as aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the 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 the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Exercise of the Warrant. Exercise of the purchase rights represented by this The Warrant may be made, in whole or in partexercised upon surrender to the Company, at any time or times its principal office, of the certificate evidencing the Warrant to be exercised, together with the Purchase Form on or after the Initial Exercise Date reverse thereof duly filled in and on or before the Termination Date by delivery signed, and upon payment to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed facsimile copy of the Notice of Exercise in the form annexed hereto. Within three (3) Trading Days following the date of exercise as aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of Exercise by wire transfer or cashier's check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant Shares available hereunder Price (as defined in and determined in accordance with the Warrant has been exercised in fullprovisions of Sections 2 and 6 hereof), in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and in respect of which such Warrant is then exercised. Upon partial exercise, a Warrant Certificate for the date of such purchasesunexercised portion shall be delivered to the Holder. The Company shall deliver any objection to any Notice of Exercise within one (1) Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion Payment of the Warrant Shares hereunderPrice shall be made at the option of the Holder by one or more of the following methods: (i) by delivery of cash, or a certified or official bank check in the amount of such Warrant Price, (ii) by instructing the Company to withhold a number of Warrant Shares available then issuable upon exercise of the particular Warrant with an aggregate current market price (as defined in Section 6.1(e) hereof) equal to such Warrant Price (the "Net Exercise Option"), or (iii) by surrendering to the Company shares of Common Stock previously acquired by the Holder with an aggregate current market price equal to such Warrant Price, or any combination of foregoing. In the event of any withholding of Warrant Stock or surrender of Common Stock pursuant to clause (ii) or (iii) above where the Subject to Section 3 hereof, upon such surrender of the Warrant and payment of the Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for purchase hereunder at the number of full Warrant Shares so purchased upon the exercise of such Warrant, together with cash, as provided in Section 8 hereof, in respect of any given time may fractional Warrant Shares otherwise issuable upon such surrender. Such certificate or certificates shall be less than deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the amount stated on date of the face hereofsurrender of such Warrant and payment of the Warrant Price, as aforesaid.