No Net Cash Settlement. The Holder acknowledges that, in the event this Warrant is not exercisable for cash pursuant to Section 2 hereof, the Warrant Shares may not be settled with the Company for the cash value or in assets or otherwise (other than pursuant to the cashless exercise procedure specified in Section 2(c)).
No Net Cash Settlement. Notwithstanding anything to the contrary herein, under no circumstances will the Company be required to net cash settle the exercise of this Warrant.
No Net Cash Settlement. Notwithstanding anything herein to the contrary, in no event will the Holder hereof be entitled to receive a net-cash settlement as liquidated damages in lieu of physical settlement in shares of Common Stock, regardless of whether the Common Stock underlying this Warrant is registered pursuant to an effective registration statement; provided, however, that the foregoing will not preclude the Holder from seeking other remedies at law or equity for breaches by the Company of its registration obligations hereunder.
No Net Cash Settlement. Except as expressly provided herein, in no event will the Holder be entitled to receive a net-cash settlement or other consideration in lieu of physical settlement in securities.
No Net Cash Settlement. Notwithstanding anything contained herein to the contrary, in no event shall the Company be liable for, or shall any registered holder of a Warrant be entitled to receive, (a) any net-cash settlement or other consideration in lieu of physical settlement in securities or (b) unless the conditions and requirements set forth in Sections 3.3.3 and 7.4 shall have been satisfied, physical settlement in securities upon exercise of any Warrant due to the inability to exercise any Warrant, or otherwise.
No Net Cash Settlement. In no event will any Holder of this Warrant be entitled to receive a net-cash settlement in lieu of physical settlement in shares of Common Stock, regardless of whether any of such holder’s Warrant Shares are registered pursuant to an effective registration statement.
No Net Cash Settlement. In no event will any registered holder of the Securities be entitled to receive a net-cash settlement in lieu of physical settlement in shares of Common Stock.
No Net Cash Settlement. Without limiting the cashless exercise provision in Section 2(c), the liquidated damages provision in Section 2(d)(i) or the buy-in provision in Section 2(d)(iv), in the event that the Company does not have an effective registration statement registering, or the prospectus contained therein is not available for the issuance of, the Warrant Shares to the Holder, there is no circumstance that would require the Company to net cash settle the warrants.
No Net Cash Settlement. In no event will the Company be required to net cash settle any Warrant exercise. Warrants may not be exercised by, or securities issued to, any Registered Holder in any state in which such exercise would be unlawful.
No Net Cash Settlement. In the event that the Company does not have an effective registration statement, there is no circumstance that would require the Company to net cash settle the warrants.
