Common use of Issuance of Common Stock on Exercise Clause in Contracts

Issuance of Common Stock on Exercise. As soon as practicable after the exercise of any Warrant and the clearance of the funds in payment of the Warrant Price (if payment is on a “cash basis” pursuant to subsection 3.3.1(a)), the Warrant Agent is hereby authorized to (i) requisition from any transfer agent for the Common Stock (or make available if the Warrant Agent is also the transfer agent for the Common Stock), and upon receipt, make delivery to the Registered Holder of such Warrant a certificate or certificates for the number of full shares of Common Stock to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it or (ii) credit the account of the Registered Holder’s broker with The Depository Trust Company through its Deposit or Withdrawal at Custodian system (“DWAC”) if the Company is then a participant in such system, and, in either case, if such Warrant shall not have been exercised in full, the Company shall issue and deliver to the Warrant Agent and the Warrant Agent, upon the written instructions of the Company shall, countersign a new Warrant for the number of shares as to which such Warrant shall not have been exercised. The Company’s obligations to issue and deliver shares of Common Stock upon the exercise of any Warrants in accordance with the terms hereof are absolute and unconditional. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver certificates representing shares of Common Stock or credit the account of the Registered Holder’s broker upon exercise of any Warrant as required pursuant to the terms hereof.

Issuance of Common Stock on Exercise. As soon as practicable after the exercise of any Warrant and the clearance of the funds in payment of the Warrant Price (if payment is on a “cash basis” pursuant to subsection 3.3.1(a)), the Warrant Agent is hereby authorized to (i) requisition from any transfer agent for the Common Stock (or make available if the Warrant Agent is also the transfer agent for the Common Stock), and upon receipt, make delivery Company shall issue to the Registered Holder of such Warrant a certificate or certificates for the number of full shares of Common Stock to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it or (ii) credit the account of the Registered Holder’s broker with The Depository Trust Company through its Deposit or Withdrawal at Custodian system (“DWAC”) if the Company is then a participant in such systemit, and, in either case, and if such Warrant shall not have been exercised in full, the Company shall issue and deliver to the Warrant Agent and the Warrant Agent, upon the written instructions of the Company shall, countersign a new countersigned Warrant for the number of shares as to which such Warrant shall not have been exercised. The Company’s obligations to issue and deliver shares of Common Stock upon the exercise of any Warrants in accordance with the terms hereof are absolute and unconditional. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver certificates representing shares of Common Stock or credit the account of the Registered Holder’s broker upon exercise of any Warrant as required pursuant to the terms hereof.

Issuance of Common Stock on Exercise. As soon as practicable after the exercise of any the Warrant and the clearance of the funds in payment of the Warrant Price Price, and in any event within thirty (if payment is on a “cash basis” pursuant to subsection 3.3.1(a))30) days, the Warrant Agent is hereby authorized to (i) requisition from any transfer agent for the Common Stock (or make available if the Warrant Agent is also the transfer agent for the Common Stock), and upon receipt, make delivery Company shall issue to the Registered Holder of such the Warrant a certificate or certificates for the number of full shares of Common Stock to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it or (ii) credit the account of the Registered Holder’s broker with The Depository Trust Company through its Deposit or Withdrawal at Custodian system (“DWAC”) if the Company is then a participant in such system, and, in either case, if such the Warrant shall not have been exercised in full, the Company shall issue and deliver to register in the Warrant Agent Register a new warrant to purchase Common Stock, of like tenor, having the same date and form as the Warrant Agentand otherwise having the same terms and conditions as the Warrant (any such new warrant, upon the written instructions of the Company shalla “New Warrant”), countersign a new Warrant for the number of shares Warrant Shares as to which such the Warrant shall not have been exercised. The Company’s obligations to issue and deliver shares of Common Stock upon the exercise of any Warrants Warrant Shares in accordance with the terms hereof are absolute and unconditional. Nothing herein shall limit a the Holder’s right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver certificates representing shares of Common Stock or credit the account of the Registered Holder’s broker upon exercise of any the Warrant as required pursuant to the terms hereof.

Issuance of Common Stock on Exercise. As soon as practicable after the exercise of any Warrant and the clearance of the funds in payment of the Warrant Price (if payment is on a “cash basis” pursuant to subsection 3.3.1(a))Exercise Price, the Warrant Agent is hereby authorized to (i) requisition from any transfer agent for the Common Stock (or make available if the Warrant Agent is also the transfer agent for the Common Stock), and upon receipt, make delivery Company shall issue to the Registered Holder of such Warrant a certificate or certificates for the number of full shares of Common Stock to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it or (ii) credit the account of the Registered Holder’s broker with The Depository Trust Company through its Deposit or Withdrawal at Custodian system (“DWAC”) if the Company is then a participant in such systemit, and, in either case, and if such Warrant shall not have been exercised in full, the Company shall issue and deliver to the Warrant Agent and the Warrant Agent, upon the written instructions of the Company shall, countersign a new countersigned Warrant for the number of shares as to which such Warrant shall not have been exercised. The Company’s Notwithstanding the foregoing, the Company shall not be obligated to deliver any shares of Common Stock pursuant to the exercise of a Warrant and shall have no obligation to settle such Warrant exercise unless a registration statement under the Securities Act with respect to the Common Stock underlying the Warrants is then effective and a prospectus relating thereto is current, subject to the Company satisfying its obligations under Section 6.4. No Warrant shall be exercisable and the Company shall not be obligated to issue and deliver shares of Common Stock upon the exercise of any Warrants in accordance with a Warrant unless the terms hereof are absolute and unconditional. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver certificates representing shares of Common Stock issuable upon such Warrant exercise have been registered, qualified or credit deemed to be exempt under the account securities laws of the state of residence of the Registered Holder’s broker upon Holder of the Warrant. In the event that the conditions in the two immediately preceding sentences are not satisfied with respect to a Warrant, the holder of such Warrant shall not be entitled to exercise of such Warrant and such Warrant may have no value and expire worthless. In no event shall the Company be required to net cash settle any Warrant as required pursuant to the terms hereofWarrant.

Issuance of Common Stock on Exercise. As soon as reasonably practicable after the exercise of any the Warrant and the clearance of the funds in payment of the Warrant Price (if payment is on a “cash basis” pursuant to subsection 3.3.1(a1(b)(i)(1)), the Warrant Agent is hereby authorized to (i) requisition from any Company shall issue, or cause the transfer agent for the Common Stock (or make available if the Warrant Agent is also the transfer agent for the Common Stock)to issue, and upon receipt, make delivery to the Registered Holder of such Warrant a certificate book-entry position or certificates certificate, as applicable, for the number of full shares of Common Stock Warrant Shares to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it or (ii) credit on the account register of members of the Registered Holder’s broker with The Depository Trust Company through its Deposit or Withdrawal at Custodian system (“DWAC”) Company, and if the Company is then a participant in such system, and, in either case, if such this Warrant shall not have been exercised in full, the Company shall issue and deliver to the Warrant Agent and the Warrant Agent, upon the written instructions of the Company shall, countersign a new Warrant book-entry position or countersigned Warrant, as applicable, for the number of shares Warrant Shares as to which such this Warrant shall not have been exercised. The Company’s obligations No Warrant shall be exercisable and the Company shall not be obligated to issue and deliver shares Warrant Shares upon exercise of Common Stock this Warrant unless the Warrant Shares issuable upon this Warrant exercise have been registered, qualified or deemed to be exempt from registration or qualification under the securities laws of the state of residence of the Holder. The Holder of this Warrant may exercise this Warrant only for a whole number of Warrant Shares. If, by reason of any exercise of this Warrant on a “cashless basis,” the Holder would be entitled, upon the exercise of any Warrants this Warrant, to receive a fractional interest in accordance with a Warrant Share, the terms hereof are absolute and unconditional. Nothing herein Company shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect round down to the Company’s failure nearest whole number, the number of Warrant Shares to timely deliver certificates representing shares of Common Stock or credit the account of the Registered Holder’s broker upon exercise of any Warrant as required pursuant be issued to the terms hereofHolder.