Common use of Exercise Prior to Expiration Clause in Contracts

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all Preferred Stock subject hereto, and if the fair market value of one share of the Preferred Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a) (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Preferred Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Preferred Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all Preferred Stock of the Shares subject hereto, and if the fair market value of one share of the Preferred Applicable Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a3(b) (even if not surrendered) immediately before its expiration, including but not limited to expiration pursuant to clause (b) of Section 2. For purposes of such automatic exercise, the fair market value of one share of the Preferred Applicable Stock upon such expiration shall be determined pursuant to Section 3(a3(b)(iii). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b3(c), the Company agrees to promptly notify the Warrantholder Holder of the number of shares of Preferred StockShares, if any, the Warrantholder Holder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all Preferred Stock of the Shares subject hereto, and if the fair market value of one share of the Series D Preferred Stock is greater than the Exercise Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a) 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series D Preferred Stock upon such expiration shall be determined pursuant to Section 3(a10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b)10.3, the Company agrees to promptly notify the Warrantholder holder hereof of the number of shares of Preferred StockShares, if any, the Warrantholder holder hereof is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all Preferred Stock subject hereto, and if the fair market value of one share of the Preferred Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(a) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Preferred Stock upon such expiration shall be determined pursuant to Section 3(a)) above. To the extent this Warrant or of any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Preferred Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.