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

Exercise Prior to Expiration. To the extent this Warrant Agreement is not previously exercised as to all shares Series C Preferred Stock subject hereto, and if the fair market value of one share of Common the Series C Preferred Stock is greater than the Exercise Price then in effect, this Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a4(a) (even if not surrendered) as of immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of Common the Series C Preferred Stock upon such expiration shall be determined pursuant to Section 3(a4(a). To the extent this Warrant Agreement or any portion hereof thereof is deemed automatically exercised pursuant to this Section 3(b4(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock Series C Preferred Stock, if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all shares of Preferred Stock subject hereto, and if the fair market value of one share of Common the Preferred Stock is greater than the Exercise Price then in effect, this Agreement Warrant shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) as of immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of Common the Preferred Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion hereof 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 Common Stock Preferred Stock, if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.

Exercise Prior to Expiration. To the extent this Warrant Agreement is not previously exercised as to all shares of Common Stock subject hereto, and if the then current fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) as of immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant Agreement or any portion hereof 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 Common Stock Stock, if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue or cause its transfer agent to issue a certificate or a book entry credit to the Warrantholder evidencing such shares.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all shares subject hereto, and if the then-current fair market value of one share of Common Stock is greater than the Exercise Price then in effect, this Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) as of immediately before its expirationexpiration determined in accordance with Section 2. For purposes of such automatic exercise, the fair market value of one share of Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion hereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.

Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as Agreement to all shares Common Stock subject hereto, and if the fair market value of one share of the Common Stock is greater than the Exercise Price then in effect, this Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) as of immediately before its expirationthe expiration of the Warrant Term. For purposes of such automatic exercise, the fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant Agreement or any portion hereof 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 Common Stock if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.

Exercise Prior to Expiration. To the extent this Warrant Agreement is not previously exercised as to all shares Preferred Stock subject hereto, and if the fair market value of one share of Common the Preferred Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) as of immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of Common the Preferred Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant Agreement or any portion hereof 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 Common Stock Preferred Stock, if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all shares Preferred Stock subject hereto, and if the fair market value of one share of Common the Preferred Stock is greater than the Exercise Price then in effect, this Agreement Warrant shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) above (even if not surrendered) as of immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of Common the Preferred Stock upon such expiration shall be determined pursuant to Section 3(a)) above. To the extent this Warrant or any portion hereof 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 Common Stock Preferred Stock, if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all shares Preferred Stock subject hereto, and if the fair market value of one share of Common the Preferred Stock is greater than the Exercise Price then in effect, this Agreement Warrant shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) above (even if not surrendered) as of immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of Common the Preferred Stock upon such expiration shall be determined pursuant to Section 3(a)) above. To the extent this Warrant or any portion hereof 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 Common Stock Preferred Stock, if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all shares subject hereto, and if the fair market value of one share of Common Stock is greater than the Exercise Price then in effect, this Agreement shall be deemed automatically exercised on a Net Issuance basis pursuant to Section 3(a) (even if not surrendered) as of immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of Common Stock upon such expiration shall be determined pursuant to Section 3(a). To the extent this Warrant or any portion hereof is deemed automatically exercised pursuant to this Section 3(b3(d), the Company agrees to promptly notify the Warrantholder of the number of shares of Common Stock if any, the Warrantholder is to receive by reason of such automatic exercise, and to issue a certificate to Warrantholder evidencing such shares.