Common use of Loss or Mutilation of Warrant Clause in Contracts

Loss or Mutilation of Warrant. Upon receipt of evidence reasonably ----------------------------- satisfactory to the Company regarding the loss, theft, mutilation or destruction of this Warrant and upon delivery of appropriate indemnification with respect thereto or upon surrender or cancellation of the mutilated Warrant, the Company will make and deliver to the Holder a new Warrant of like tenor. MIRAGE HOLDINGS, INC. ______________________________________ By: Xxxxxx X. Xxxxxx Its: President Attest: ______________________________ By: Xxxxxx X. Xxxxxx Its: Secretary ASSIGNMENT FOR VALUE RECEIVED, _____________________ hereby sell(s), assign(s), and transfer(s) unto _________________, of _________________, the right to purchase Shares evidenced by the within Warrant, and does hereby irrevocable constitute and appoint ________________ to transfer such right on the books on the Company, with full power of substitution. DATED: ______________, 199__ _____________________________ SIGNATURE _____________________________ NOTICE: This Warrant or the Common Stock underlying the Warrant, have not been registered under the Securities Act of 1933 (the "Act") or any states' securities laws (the "laws") and may not be sold, pledged, transferred or otherwise disposed of in the absence of an effective registration statement covering these securities under the Act or laws, or an available exemption therefrom, accompanied by an opinion of counsel satisfactory to the Company and its counsel that registration is not required thereunder. The signature to this Assignment must correspond with the name as written upon the fact of the within Warrant, in every particular, without alteration or enlargement, or any change whatsoever. EXHIBIT A EXERCISE NOTICE Mirage Holdings, Inc. 000 Xxxxx Xxxxxx Xxxxxxxxx, Suite 410 Santa Monica, CA 90401 Ladies and Gentlemen: ________________________ (the "Undersigned") hereby elects to purchase, pursuant to the provisions of the Mirage Holdings, Inc. Underwriter's Warrant dated __________________, held by the undersigned, ______ shares of the Common Stock of Mirage Holdings, Inc. As an inducement to your acceptance hereunder, the undersigned certifies that the Common Stock is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.30 per share of Common Stock is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.30 per share of Common Stock in U.S. funds required under such Warrant accompanies this subscription. DATED: _______________, 199__ Company: _________________________________ Signature: _______________________________ Address: _________________________________

Loss or Mutilation of Warrant. Upon receipt of evidence reasonably ----------------------------- satisfactory to the Company regarding the loss, theft, mutilation or destruction of this Warrant and upon delivery of appropriate indemnification with respect thereto or upon surrender or cancellation of the mutilated Warrant, the Company will make and deliver to the Holder a new Warrant of like tenor. MIRAGE HOLDINGS, INC. ______________________________________ By: Xxxxxx X. Xxxxxx Its: President AttestDated: ______________________________ By: Xxxxxx , 1997 AMERICAN FAMILY HOLDINGS, INC. By -------------------------- Xxxxx X. Xxxxxx Its: Xxxxxx, President By --------------------------- Xxxxx X. Xxxx, Secretary ASSIGNMENT FOR VALUE RECEIVED, _____________________ hereby the undersigned sell(s), assign(s), and transfer(s) unto _______________________, of ___________________________, the right to purchase Shares evidenced by the within Warrant, and does hereby irrevocable constitute and appoint __________________ to transfer such right on the books on of the Company, with full power of substitution. DATED: _______________________, 199_ __ ___________________________________ SIGNATURE _____________________________ NOTICE: This Warrant or the Common Stock underlying the Warrant, have not been registered under the Securities Act of 1933 (the "Act") or any states' securities laws (the "laws") and may not be sold, pledged, transferred or otherwise disposed of in the absence of an effective registration statement covering these securities under the Act or laws, or an available exemption therefrom, accompanied by an opinion of counsel satisfactory to the Company and its counsel that registration is not required thereunder. The signature to this Assignment must correspond with the name as written upon the fact of the within Warrant, in every particular, without alteration or enlargement, or any change whatsoever. EXHIBIT A EXERCISE NOTICE Mirage Holdings, Inc. 000 Xxxxx Xxxxxx Xxxxxxxxx, Suite 410 Santa Monica, CA 90401 Ladies and Gentlemen: ________________________ (the "Undersigned") hereby elects to purchase, pursuant to the provisions of the Mirage Holdings, Inc. Underwriter's Warrant dated __________________, held by the undersigned, ______ shares of the Common Stock of Mirage Holdings, Inc. As an inducement to your acceptance hereunder, the undersigned certifies that the Common Stock is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.30 per share of Common Stock is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.30 per share of Common Stock in U.S. funds required under such Warrant accompanies this subscription. DATED: _______________, 199__ Company: _________________________________ NOTICE: The signature to this Assignment must correspond with the name as written upon the face of the within Warrant, in every particular, without alteration or enlargement or any change whatsoever. EXHIBIT A EXERCISE NOTICE AMERICAN FAMILY HOLDINGS, INC. 0000 Xxx Xxxxxx Xxxxxx Suite 110 Newport Beach, California 92660 Gentlemen: The undersigned hereby elects to purchase, pursuant to the provisions of the American Family Holdings, Inc. Warrant dated ______________, 1997 held by the undersigned, two shares of the Common Stock of American Family Holdings, Inc. A certified or cashier's check as payment of the purchase price of $__________ per share of Common Stock (based on the closing market price of the Common Stock on _______________, 19__) in U.S. funds required under such Warrant accompanies this Exercise Notice. DATED:______________________, 199_ Signature: ________________________________________ Address: ________________________________________ ________________________________________ Tax I.D. No. ________________________________________

Loss or Mutilation of Warrant. Upon receipt of evidence reasonably ----------------------------- satisfactory to the Company regarding the loss, theft, mutilation or destruction of this Warrant and upon delivery of appropriate indemnification with respect thereto or upon surrender or cancellation of the mutilated Warrant, the Company will make and deliver to the Holder a new Warrant of like tenor. MIRAGE HOLDINGS, INC. ILX INCORPORATED By_________________________________ , President Attest: __________________________________ By: Xxxxxx X. Xxxxxx Its: President Attest: , Secretary ASSIGNMENT FOR VALUE RECEIVED, ______________________________ By: Xxxxxx X. Xxxxxx Its: Secretary ASSIGNMENT FOR VALUE RECEIVED, _____________________ hereby sell(s), assign(s), and transfer(s) unto ____________________________________, of _______________________, the right to purchase Shares evidenced by the within Warrant, and does hereby irrevocable constitute and appoint ______________________________ to transfer such right on the books on of the Company, with full power of substitution. DATED: ______________, 199__ ____________________________, 199_ --------------------------------------------- SIGNATURE _____________________________ ------------------------------------------------------------------------------- NOTICE: This Warrant Warrant, or the Common Stock underlying the Warrant, have not been registered under the Securities Act of 1933 (the "Act") or any states' securities laws (the "laws") and may not be sold, pledged, transferred or otherwise disposed of in the absence of an effective registration statement covering these securities under the Act or laws, or an available exemption therefrom, accompanied by an opinion of counsel satisfactory to the Company and its counsel that registration is not required thereunder. The signature to this Assignment must correspond with the name as written upon the fact face of the within Warrant, in every particular, without alteration or enlargement, or any change whatsoever. EXHIBIT A EXERCISE NOTICE Mirage HoldingsILX INCORPORATED 2777 East Camelback Road Phoenix, Inc. 000 Xxxxx Xxxxxx Axxxxxx 00000 Xxxxxxxxx, Suite 410 Santa Monica, CA 90401 Ladies and Gentlemen: ________________________ (the "Undersigned") hereby elects to purchase, pursuant to the provisions of the Mirage Holdings, Inc. Underwriter's Warrant dated _____________________________(the "Undersigned") (Type or Print Name) hereby elects to purchase, pursuant to the provisions of the ILX Incorporated Underwriter's Warrant dated _________, 1995 held by the undersigned, __________ shares of the Common Stock of Mirage Holdings, Inc. ILX Incorporated. As an inducement to your acceptance hereunder, the undersigned certifies that the Common Stock is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.30 per share of Common Stock is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.30 __________ per share of Common Stock in U.S. funds required under such Warrant accompanies this subscription. DATED: _________________________, 199__ Company: __________________________________ Signature: __________________________________ Address: __________________________________ __________________________________ This Appendix I ("Appendix") is attached to an Underwriter's Warrant ("Warrant") of ILX Incorporated, an Arizona Corporation (the "Company"), issued in favor of Brookstreet Securities Corporation, a California Corporation (the "Holder").

Loss or Mutilation of Warrant. Upon receipt of evidence reasonably ----------------------------- satisfactory to the Company regarding the loss, theft, mutilation or destruction of this Warrant and upon delivery of appropriate indemnification with respect thereto or upon surrender or cancellation of the mutilated Warrant, the Company will make and deliver to the Holder a new Warrant of like tenor. MIRAGE HOLDINGS, INC. ______________________________________ ------------------------------ By: Xxxxxx X. Xxxxxx Its: President Attest: ______________________________ -------------------------- By: Xxxxxx X. Xxxxxx Its: Secretary ASSIGNMENT FOR VALUE RECEIVED, _____________________ hereby sell(s), assign(s), and transfer(s) unto _________________, of _________________, the right to purchase Shares Securities evidenced by the within Warrant, and does hereby irrevocable constitute and appoint ________________ to transfer such right on the books on the Company, with full power of substitution. DATED: ______________, 199__ _____________________________ --------------------- SIGNATURE _____________________________ NOTICE: This Warrant or the Common Stock underlying the Warrant, have not been registered under the Securities Act of 1933 (the "Act") or any states' securities laws (the "laws") and may not be sold, pledged, transferred or otherwise disposed of in the absence of an effective registration statement covering these securities under the Act or laws, or an available exemption therefrom, accompanied by an opinion of counsel satisfactory to the Company and its counsel that registration is not required thereunder. ------------------------------------------------------------------- The signature to this Assignment must correspond with the name as written upon the fact of the within Warrant, in every particular, without alteration or enlargement, or any change whatsoever. EXHIBIT A EXERCISE NOTICE Mirage Holdings, Inc. 000 Xxxxx Xxxxxx Xxxxxxxxx00000 Xxxxxxx Xxxxxxxxx Xxxxxxx, Suite 410 Santa Monica, CA 90401 XX 00000 Ladies and Gentlemen: ________________________ (the "Undersigned") hereby elects to purchase, pursuant to the provisions of the Mirage Holdings, Inc. Underwriter's Warrant dated __________________, held by the undersigned, ______ shares of the Common Stock of Mirage Holdings, Inc. and/or ____________ Warrants of Mirage Holdings, Inc. As an inducement to your acceptance hereunder, the undersigned certifies that the Securities are being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.18 per share of Common Stock and/or $0.12 per Warrant is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.30 6.18 per share of Common Stock is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of and/or $6.30 0.12 per share of Common Stock Warrant in U.S. funds required under such Warrant accompanies this subscription. DATED: _______________, 199__ Company: _________________________________ Signature: ______:_________________________ Address: _________________________________

Loss or Mutilation of Warrant. Upon receipt of evidence reasonably ----------------------------- satisfactory to the Company regarding the loss, theft, mutilation or destruction of this Warrant and upon delivery of appropriate indemnification with respect thereto or upon surrender or cancellation of the mutilated Warrant, the Company will make and deliver to the Holder a new Warrant of like tenor. MIRAGE HOLDINGS, INC. ______________________________________ By: Xxxxxx X. Xxxxxx Its: President Attest: ______________________________ By: Xxxxxx X. Xxxxxx Its: Secretary ASSIGNMENT FOR VALUE RECEIVED, _____________________ hereby sell(s), assign(s), and transfer(s) unto _________________, of _________________, the right to purchase Shares Securities evidenced by the within Warrant, and does hereby irrevocable constitute and appoint ________________ to transfer such right on the books on the Company, with full power of substitution. DATED: ______________, 199__ _____________________________ SIGNATURE _____________________________ NOTICE: This Warrant or the Common Stock underlying the Warrant, have not been registered under the Securities Act of 1933 (the "Act") or any states' securities laws (the "laws") and may not be sold, pledged, transferred or otherwise disposed of in the absence of an effective registration statement covering these securities under the Act or laws, or an available exemption therefrom, accompanied by an opinion of counsel satisfactory to the Company and its counsel that registration is not required thereunder. The signature to this Assignment must correspond with the name as written upon the fact of the within Warrant, in every particular, without alteration or enlargement, or any change whatsoever. EXHIBIT A EXERCISE NOTICE Mirage Holdings, Inc. 000 Xxxxx Xxxxxx Xxxxxxxxx00000 Xxxxxxx Xxxxxxxxx Xxxxxxx, Suite 410 Santa Monica, CA 90401 XX 00000 Ladies and Gentlemen: ________________________ (the "Undersigned") hereby elects to purchase, pursuant to the provisions of the Mirage Holdings, Inc. Underwriter's Warrant dated __________________, held by the undersigned, ______ shares of the Common Stock of Mirage Holdings, Inc. and/or ____________ Warrants of Mirage Holdings, Inc. As an inducement to your acceptance hereunder, the undersigned certifies that the Securities are being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.95 per share of Common Stock and/or $0.14 per Warrant is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.30 6.95 per share of Common Stock is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of and/or $6.30 0.14 per share of Common Stock Warrant in U.S. funds required under such Warrant accompanies this subscription. DATED: _______________, 199__ Company: _________________________________ Signature: _________________________________ Address: _________________________________

Loss or Mutilation of Warrant. Upon receipt of evidence reasonably ----------------------------- satisfactory to the Company regarding the loss, theft, mutilation or destruction of this Warrant and upon delivery of appropriate indemnification with respect thereto or upon surrender or cancellation of the mutilated Warrant, the Company will make and deliver to the Holder a new Warrant of like tenor. MIRAGE HOLDINGS, INC. ILX INCORPORATED By_________________________________ , President Attest: __________________________________ By: Xxxxxx X. Xxxxxx Its: President Attest: , Secretary ASSIGNMENT FOR VALUE RECEIVED, ______________________________ By: Xxxxxx X. Xxxxxx Its: Secretary ASSIGNMENT FOR VALUE RECEIVED, _____________________ hereby sell(s), assign(s), and transfer(s) unto ____________________________________, of _______________________, the right to purchase Shares evidenced by the within Warrant, and does hereby irrevocable constitute and appoint ______________________________ to transfer such right on the books on of the Company, with full power of substitution. DATED: ______________, 199__ ____________________________, 199_ --------------------------------------------- SIGNATURE _____________________________ ------------------------------------------------------------------------------- NOTICE: This Warrant Warrant, or the Common Stock underlying the Warrant, have not been registered under the Securities Act of 1933 (the "Act") or any states' securities laws (the "laws") and may not be sold, pledged, transferred or otherwise disposed of in the absence of an effective registration statement covering these securities under the Act or laws, or an available exemption therefrom, accompanied by an opinion of counsel satisfactory to the Company and its counsel that registration is not required thereunder. The signature to this Assignment must correspond with the name as written upon the fact face of the within Warrant, in every particular, without alteration or enlargement, or any change whatsoever. EXHIBIT A EXERCISE NOTICE Mirage HoldingsILX INCORPORATED 2777 East Camelback Road Phoenix, Inc. 000 Xxxxx Xxxxxx Arizoxx 00000 Xxxxxxxxx, Suite 410 Santa Monica, CA 90401 Ladies and Gentlemen: ________________________ (the "Undersigned") hereby elects to purchase, pursuant to the provisions of the Mirage Holdings, Inc. Underwriter's Warrant dated _____________________________(the "Undersigned") (Type or Print Name) hereby elects to purchase, pursuant to the provisions of the ILX Incorporated Underwriter's Warrant dated _________, 1995 held by the undersigned, __________ shares of the Common Stock of Mirage Holdings, Inc. ILX Incorporated. As an inducement to your acceptance hereunder, the undersigned certifies that the Common Stock is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.30 per share of Common Stock is being purchased for the undersigned's own account, for investment purposed, and not with a view toward a public distribution in violation of the registration requirements of the Securities Act of 1933, as amended. Payment of the purchase price of $6.30 __________ per share of Common Stock in U.S. funds required under such Warrant accompanies this subscription. DATED: _________________________, 199__ Company: __________________________________ Signature: __________________________________ Address: __________________________________ __________________________________ This Appendix I ("Appendix") is attached to an Underwriter's Warrant ("Warrant") of ILX Incorporated, an Arizona Corporation (the "Company"), issued in favor of Brookstreet Securities Corporation, a California Corporation (the "Holder").