Common use of Net Issue Exercise Clause in Contracts

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the stock purchase price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelled) by surrender of this Warrant at the principal office of the company together with the properly endorsed Form of Subscription and notice of such election in which event the Company shall issue to the Holder a number of shares of Common computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled (at the date of such calculation) A = the fair market value of one share of the Company's Common Stock, as applicable (at the date of such calculation) B = stock purchase price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the stock purchase price Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelledcanceled) by surrender of this Warrant at the principal office of the company Company together with the properly endorsed Form Notice of Subscription Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled canceled (at the date of such calculation) A = the fair market value of one share of the Company's Common Stock, as applicable Stock (at the date of such calculation) B = stock purchase price Exercise Price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the stock purchase price Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelledcanceled) by surrender of this Warrant at the principal office of the company Company together with the properly endorsed Form Notice of Subscription Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled canceled (at the date of such calculation) A = the fair market value of one share of the Company's ’s Common Stock, as applicable Stock (at the date of such calculation) B = stock purchase price Exercise Price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the stock purchase price Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelledcanceled) by surrender of this Warrant at the principal office of the company Company together with the properly endorsed Form Notice of Subscription Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled canceled (at the date of such calculationexercise) A = the fair market value of one share of the Company's ’s Common Stock, as applicable Stock (at the date of such calculationexercise) B = stock purchase price Exercise Price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the stock purchase price Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelledcanceled) by surrender of this Warrant at the principal office of the company Company together with the properly endorsed Form Notice of Subscription Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled canceled (at the date of such calculation) A = the fair market value of one share of the Company's Common Stock, as applicable Stock (at the date of such calculation) B = stock purchase price Exercise Price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the stock purchase price Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelledcanceled) by surrender of this Warrant at the principal office of the company Company together with the properly endorsed Form Notice of Subscription Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- ----------- A Where X = the number of shares of Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled canceled (at the date of such calculation) A = the fair market value of one share of the Company's Common Stock, as applicable Stock (at the date of such calculation) B = stock purchase price Exercise Price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the stock purchase price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelled) by surrender of this Warrant at the principal office of the company together with the properly endorsed Subscription Form of Subscription and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled (at the date of such calculation) A = the fair market value Closing Price (as defined in the Warrant Agreement) of one share of the Company's Common Stock, as applicable (at the date of such calculation) B = stock purchase price Exercise Price (as defined in the Warrant Agreement) (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the stock purchase price Exercise Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelledcanceled) by surrender of this Warrant at the principal office of the company Company together with the properly endorsed Form Notice of Subscription Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled canceled (at the date of such calculation) A = the fair market value of one share of the Company's ’s Common Stock, as applicable Stock (at the date of such calculation) B = stock purchase price the Exercise Price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value Market Value of one share of the Company's Common Stock is greater than the stock purchase price Warrant Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelledcanceled) by surrender of this Warrant at the principal office of the company Company together with the properly endorsed Form Notice of Subscription Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-A - B) ------- --------- A Where X = the net number of shares of Common Stock to be issued to the Holder Holder. Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled canceled (at the date of such calculation) A = the fair market value Market Value of one share of the Company's Common Stock, as applicable Stock (at the date of such calculation) B = stock purchase price Warrant Price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)

Net Issue Exercise. Notwithstanding any provisions herein to ------------------ the contrary, if the fair market value of one share of the Company's Common Stock is greater than the stock purchase price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelled) by surrender of this Warrant at the principal office of the company together with the properly endorsed Subscription Form of Subscription and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled (at the date of such calculation) A = the fair market value Closing Price (as defined in the Warrant Agreement) of one share of the Company's Common Stock, as applicable (at the date of such calculation) B = stock purchase price Exercise Price (as defined in the Warrant Agreement) (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share In lieu of the Company's Common Stock is greater than the stock purchase price (at the date of calculation as payment methods set forth below), in lieu of exercising this Warrant for cashSection 2.1(b) above, the Holder may elect to receive pay the Exercise Amount by surrendering shares of Common Stock having an aggregate fair market value on the date of exchange equal to the value (as determined below) of Exercise Amount. If Holder elects to exercise this Warrant (as provided in this Section 2.2, Holder shall tender to the Company the Warrant for the amount being exercised, along with written notice of Holder's election to exercise some or the portion thereof being cancelled) by surrender of this Warrant at the principal office all of the company together with the properly endorsed Form of Subscription Warrant, and notice of such election in which event the Company shall issue to Holder the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- --------- A Where X = the number of shares of Common Stock to be issued to the Holder Holder. INTEL/VELOCOM CONFIDENTIAL Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled canceled (at as adjusted to the date of such calculation) ). A = the fair market value Fair Market Value of one share of the Company's Common Stock, as applicable (at the date of such calculation) . B = stock purchase price Purchase Price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise).

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value Market Value of one share of the Company's Common Stock is greater than the stock purchase price Warrant Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelledcanceled) by surrender of this Warrant at the principal office of the company Company together with the properly endorsed Form Notice of Subscription Exercise and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the net number of shares of Common Stock to be issued to the Holder Holder. Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled canceled (at the date of such calculation) A = the fair market value Market Value of one share of the Company's ’s Common Stock, as applicable Stock (at the date of such calculation) B = stock purchase price Warrant Price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)

Net Issue Exercise. Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the stock purchase price Stock Purchase Price (at the date of calculation as set forth below), in lieu of exercising this Warrant for cash, the Holder may elect to receive shares equal to the value (as determined below) of this Warrant (or the portion thereof being cancelledcanceled) by surrender of this Warrant at the principal office of the company Company together with the properly endorsed Form of Subscription and notice of such election in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- ----- A Where X = the number of shares of Common Stock to be issued to the Holder Y = the number of shares of Common Stock purchasable under the Warrant or, if only a portion of the Warrant is being exercised, the portion of the Warrant being cancelled canceled (at the date of such calculation) A = the fair market value of one share of the Company's Common Stock, as applicable Stock (at the date of such calculation) B = stock purchase price Stock Purchase Price (as adjusted to the date of such calculation) For purposes of this Warrant, including the above calculation, fair market value of one share of Common Stock shall be the closing price on Nasdaq on the date that this Warrant is surrendered for exercise.)