Common use of Transferability of Warrant Clause in Contracts

Transferability of Warrant. Subject to Section 2(g) hereof, this Warrant (together with all rights and obligations hereunder) may be transferred by a Holder, in whole or in part, without the consent of the Issuer. If transferred pursuant to this paragraph, this Warrant may be transferred on the books of the Issuer by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to purchase the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) shall be identical to this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuer.

Transferability of Warrant. Subject to Section 2(g) hereof, this Warrant (together with all rights and obligations hereunder) may be transferred by a Holder, in whole or in part, without the consent of the Issuer. If transferred pursuant to this paragraphSection 5 and subject to the provisions of Section 6, this Warrant may be transferred on the books of the Issuer Company by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the IssuerCompany, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer Company for Warrants to for the purchase of the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) Date and shall be identical to with this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto hereto. The Holder will not make any such disposition unless or until: (i) a registration statement under the Securities Act of 1933, as amended (the "Securities Act") covering the proposed distribution has been filed by the Company and has become effective, (ii) the disposition is made in accordance with Rule 144 under the Securities Act or (iii) shall be delivered the Company has received an opinion of counsel for the Holder reasonably satisfactory to the Holder within a reasonable time, Company stating that registration under the Securities Act is not exceeding three (3) Trading Days after written notice required with respect to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuerdisposition.

Transferability of Warrant. Subject to Section 2(g2(e) hereofand subject to the provisions of the Purchase Agreement, this Warrant (together with all rights and obligations hereunder) may be transferred by a Holder, in whole or in part, Holder without the consent of the Issuer. If transferred pursuant to this paragraphparagraph and subject to the provisions of subsection (e) of this Section 2, this Warrant may be transferred on the books of the Issuer by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to for the purchase of the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) Date and shall be identical to with this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuerhereto.

Transferability of Warrant. Subject to Section 2(g) hereof), this Warrant (together with all rights and obligations hereunder) --------------------------- may be transferred by a HolderHolder within the X.X. Xxxxxxxxxx & Co., in whole or in part, Inc. without the consent of the Issuer. If transferred pursuant to this paragraphparagraph and subject to the provisions of subsection (g) of this Section 2, this Warrant may be transferred on the books of the Issuer by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to for the purchase of the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) Date and shall be identical to with this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuerhereto.

Transferability of Warrant. Subject to Section 2(g2(h) hereof, this Warrant (together with all Warrant, and the rights and obligations hereunder) evidenced hereby, may be transferred by a Holder, in whole or in part, without the consent of the Issuer, so long as the transferee is an "accredited investor" as defined in Regulation D under the Securities Act and agrees to be bound by all of the provisions of this Warrant. If transferred pursuant to this paragraph, this Warrant may be transferred on the books of the Issuer by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to purchase the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) Date and shall be identical to with this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuerthereto.

Transferability of Warrant. Subject to the terms and provisions of this Warrant (Section 2(g2(h) hereof), this Warrant (together with all rights and obligations hereunder) may be transferred by a Holder, in whole or in part, without the consent of the Issuer; provided, however, that the Holder shall not transfer this Warrant to any known competitor of the Issuer. If transferred pursuant to this paragraph, this Warrant may be transferred on the books of the Issuer by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to purchase the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) Date and shall be identical to with this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto thereto. If, at the time of the surrender of this Warrant in connection with any transfer of this Warrant, the transfer of this Warrant shall not be registered pursuant to an effective registration statement under the Securities Act and under applicable state securities or blue sky laws, the Issuer may require, as a condition of allowing such transfer (iiii) shall be delivered to that the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice holder or transferee execute and deliver to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) an investment letter in form and charges related substance acceptable to the preparationIssuer and (ii) that the transferee be an “accredited investor” as defined in Rule 501(a)(1), execution and delivery (a)(2), (a)(3), (a)(7), or (a)(8) promulgated under the Securities Act or a qualified institutional buyer as defined in Rule 144A(a) under the Securities Act. Notwithstanding the foregoing to the contrary, the shares of any new Warrants by Warrant Stock issuable upon the exercise of this Warrant are subject to a right of first offer in favor of the Issuer pursuant to this as set forth in Section 2(e) shall be paid by 7.8 of the IssuerPurchase Agreement.

Transferability of Warrant. Subject to Section 2(g) hereof, this This Warrant (together with all rights and obligations hereunder) may be transferred by a Holder, in whole or in part, without the consent of the Issuer. If transferred pursuant to this paragraph, this Warrant may be transferred on the books of the Issuer by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to purchase the same aggregate number of shares of Warrant StockShares, each new Warrant to represent the right to purchase such number of shares of Warrant Stock Shares as the Holder hereof shall designate at the time of such exchange, provided that, notwithstanding anything contained herein to the contrary, the Issuer shall not be required to provide any new Warrant which represents the right to purchase less than 100,000 Warrant Shares. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) Date and shall be identical to with this Warrant except as to the number of shares of Warrant Stock Shares issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuerthereto.

Transferability of Warrant. Subject to Section 2(g2(h) hereof, this Warrant (together with all rights and obligations hereunder) may be transferred by a Holder, in whole or in part, but in denominations of at least 50,000 shares, without the consent of the Issuer; provided, however, this Warrant may not be transferred in whole or in part to a Person known to be a competitor of the Issuer with respect to the manufacture of composite wood-plastic decking or other composite wood-plastic construction materials. If transferred pursuant to this paragraph, this Warrant may be transferred on the books of the Issuer by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to purchase the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) Date and shall be identical to with this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuerthereto.

Transferability of Warrant. Subject to Section 2(g) hereof, this This Warrant (together with all rights and obligations hereunder) may be transferred by a HolderHolder only with the consent of the Issuer, in whole or in partwhich consent shall not be unreasonably withheld; provided, however, that the Holder may transfer this Warrant to an affiliate of the Holder without the consent of the Issuer. If transferred pursuant to this paragraphparagraph and subject to the provisions of this Section 2, this Warrant may be transferred on the books of the Issuer by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to for the purchase of the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) Date and shall be identical to with this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuerhereto.

Transferability of Warrant. Subject The Holder covenants not to Section 2(g) hereof, transfer this Warrant (together or the Warrant Shares except in compliance with all this Section 7(a). This Warrant, the Warrant Shares and the rights and obligations hereunder) may be transferred by a Holdergranted to the Holder hereof are freely transferable, in whole or in part, upon surrender of this Warrant, together with an assignment form, at the office or agency of the Company referred to in Section 8 below, PROVIDED, HOWEVER, that (i) the Holder shall not effect any transfer of the Warrant or the Warrant Shares except pursuant to a transaction either registered, or exempt from registration, under the Securities Act (ii) prior to transfer of the Warrant or the Warrant Shares in reliance upon an exemption from such registration, the Holder shall provide to the Company an opinion letter from counsel to the Holder (which counsel may include in-house counsel), reasonably satisfactory to the Company, opining that such transfer does not require registration under the Securities Act and (iii) without the prior written consent of the Issuer. If transferred Company, the Holder shall not effect any transfer of the Warrant or the Warrant Shares to any Prohibited Transferee pursuant to a private placement under the Securities Act, PROVIDED, HOWEVER, that for purposes of clarification, the parties agree that the restriction on transfer set forth in clause (iii) of this paragraphSection 7(a) shall in no way limit the Holder's ability to transfer the Warrant Shares pursuant to Rule 144 of the Securities Act. Any transfer of the Warrant, the Warrant Shares or the rights granted to the Holder hereof in violation of this Warrant may Section 7(a) shall be transferred null and void. The transferee, by acceptance of this Warrant, acknowledges that it takes such warrant subject to the terms and conditions hereof. Until due presentment for registration of transfer on the books of the Issuer by Company, the Company may treat the registered Holder hereof in person or by duly authorized attorneyas the owner hereof for all purposes, and new Warrant(s) the Company shall not be made and delivered affected by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to purchase the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) shall be identical to this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuercontrary.

Transferability of Warrant. Subject to Section 2(g) hereof), this Warrant (together with all rights and obligations hereunder) --------------------------- may be transferred by a HolderHolder within the H.C. Wainwright & Co., in whole or in part, without the consent of Inc. withoux xxx xxxxxxx xf the Issuer. If transferred pursuant to this paragraphparagraph and subject to the provisions of subsection (g) of this Section 2, this Warrant may be transferred on the books of the Issuer by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to for the purchase of the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) Date and shall be identical to with this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuerhereto.

Transferability of Warrant. Subject to Section 2(g) hereof, this Warrant (together with all rights and obligations hereunder) warrant may not be transferred sold, transferred, assigned or otherwise hypothecated, either directly or indirectly, by operation of law or otherwise, except by the warrant holder to a Holderspouse, in whole child/children, domestic partner or in part, without the consent kindred of the Issuerwarrant holder. Any attempt to sell, transfer, assign or otherwise hypothecate this warrant shall automatically void this warrant as to the then unexercised underlying shares. If transferred pursuant to this paragraph, this Warrant may be transferred on the books of the Issuer by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the Issuer, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. This Warrant is exchangeable at the principal office of the Issuer for Warrants to purchase the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated the Original Issue Date, (ii) Date and shall be identical to with this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuerthereto.

Transferability of Warrant. Subject to Section 2(g2(f) hereof, this Warrant (together with all Warrant, and the rights and obligations hereunder) evidenced hereby, may be transferred by a Holder, in whole or in part, without the consent of the IssuerCompany, only if it is transferred in its entirety, it is transferred together with the Notes (as defined below) pursuant to which it was issued and the transferee is an “accredited investor” as defined in Regulation D under the Securities Act and agrees to be bound by all of the provisions of this Warrant and the Registration Rights Agreement. Any Warrants issued upon the transfer or exercise in part of this Warrant shall be numbered and shall be registered in a Warrant Register as they are issued. If transferred pursuant to this paragraph, this Warrant may be transferred on the books of the Issuer Company (the “Warrant Register”) by the Holder hereof in person or by duly authorized attorney, and new Warrant(s) shall be made and delivered by the Issuer to reflect such transfer, upon surrender of this Warrant at the principal office of the IssuerCompany, properly endorsed (by the Holder executing an assignment in the form attached hereto) and upon payment of any necessary transfer tax or other governmental charge imposed upon such transfer. The Company shall be entitled to treat the registered holder of any Warrant on the Warrant Register (the “Registered Holder”) as the owner in fact thereof for all purposes and shall not be bound to recognize any equitable or other claim to or interest in such Warrant on the part of any other person. This Warrant is exchangeable at the principal office of the Issuer Company for Warrants to purchase the same aggregate number of shares of Warrant Stock, each new Warrant to represent the right to purchase such number of shares of Warrant Stock as the Holder hereof shall designate at the time of such exchange. All new Warrants issued on transfers or exchanges (i) shall be dated as of the Original Issue Date, (ii) date of this Warrant and shall be identical to with this Warrant except as to the number of shares of Warrant Stock issuable pursuant thereto and (iii) shall be delivered to the Holder within a reasonable time, not exceeding three (3) Trading Days after written notice to the Issuer of such Holder’s request for such transfer or exchange. All expenses (other than transfer taxes) and charges related to the preparation, execution and delivery of any new Warrants by the Issuer pursuant to this Section 2(e) shall be paid by the Issuerthereto.