Common use of Terms of Replacement Warrant Clause in Contracts

Terms of Replacement Warrant. The Fundamental Transaction Replacement Warrant shall be substantially in the form of this Warrant (other than the last sentence of Section 5(e) shall be omitted, and such additional changes as reasonably required to reflect any Successor Entity as the issuer shall be made), and shall provide for the acquisition of the stock of the Company and the Successor Entity, as applicable, and will be for a number of shares of the Company and the Successor Entity comprising the number of shares of the Company and the Successor Entity into which 3% of the shares of the Company as of the Issuance Date as set forth above were converted or exchanged in the Fundamental Transaction, less any proportion of this Warrant which has been exercised as of the time of the issuance of the Fundamental Transaction Replacement Warrant. By way of example and not limitation, in the event that this Warrant was initially exercisable for 1,000 shares of the Company and the Company had 100,000 shares outstanding, and assuming no portion of this Warrant had been exercised, if all 100,000 shares of the Company were converted or exchanged in a Fundamental Transaction for 1,000,000 shares of the Successor Entity, the Fundamental Transaction Replacement Warrant would be exercisable for 10,000 shares of the Successor Entity. The Fundamental Transaction Replacement Warrant shall be governed by the laws of the jurisdiction of organization of the Company or the Successor Entity, as applicable. Upon any issuance of the Fundamental Transaction Replacement Warrant, this Warrant shall thereafter be null and void.

Terms of Replacement Warrant. The Fundamental Transaction Replacement Warrant shall be substantially in the form of this Warrant (other than the last sentence of Section 5(e) shall be omitted, and such additional changes as reasonably required to reflect any Successor Entity as the issuer shall be made), and shall provide for the acquisition of the stock of the Company and the Successor Entity, as applicable, and will be for a number of shares of the Company and the Successor Entity comprising the number of shares of the Company and the Successor Entity into which 32% of the shares of the Company as of the Issuance Date as set forth above were converted or exchanged in the Fundamental Transaction, less any proportion of this Warrant which has been exercised as of the time of the issuance of the Fundamental Transaction Replacement Warrant. By way of example and not limitation, in the event that this Warrant was initially exercisable for 1,000 shares of the Company and the Company had 100,000 shares outstanding, and assuming no portion of this Warrant had been exercised, if all 100,000 shares of the Company were converted or exchanged in a Fundamental Transaction for 1,000,000 shares of the Successor Entity, the Fundamental Transaction Replacement Warrant would be exercisable for 10,000 shares of the Successor Entity. The Fundamental Transaction Replacement Warrant shall be governed by the laws of the jurisdiction of organization of the Company or the Successor Entity, as applicable. Upon any issuance of the Fundamental Transaction Replacement Warrant, this Warrant shall thereafter be null and void.

Terms of Replacement Warrant. The Fundamental Transaction Replacement Warrant shall be substantially in the form of this Warrant (other than the last sentence of Section 5(e) shall be omitted, and such additional changes as reasonably required to reflect any Successor Entity as the issuer shall be made), and shall provide for the acquisition of the stock of the Company and the Successor Entity, as applicable, and will be for a number of shares of the Company and the Successor Entity comprising the number of shares of the Company and the Successor Entity into which 34% of the shares of the Company as of the Issuance Date as set forth above were converted or exchanged in the Fundamental Transaction, less any proportion of this Warrant which has been exercised as of the time of the issuance of the Fundamental Transaction Replacement Warrant. By way of example and not limitation, in the event that this Warrant was initially exercisable for 1,000 shares of the Company and the Company had 100,000 shares outstanding, and assuming no portion of this Warrant had been exercised, if all 100,000 shares of the Company were converted or exchanged in a Fundamental Transaction for 1,000,000 shares of the Successor Entity, the Fundamental Transaction Replacement Warrant would be exercisable for 10,000 shares of the Successor Entity. The Fundamental Transaction Replacement Warrant shall be governed by the laws of the jurisdiction of organization of the Company or the Successor Entity, as applicable. Upon any issuance of the Fundamental Transaction Replacement Warrant, this Warrant shall thereafter be null and void.