Common use of Automatic Exercise Clause in Contracts

Automatic Exercise. If any portion of this Warrant remains unexercised as of the Expiration Date and the Fair Market Value of one share of Common Stock as of the Expiration Date is greater than the applicable Warrant Price as of the Expiration Date, then this Warrant shall be deemed to have been exercised automatically immediately prior to the close of business on the Expiration Date (or, in the event that the Expiration Date is not a Business Day, the immediately preceding Business Day) (the “Automatic Exercise Date”) in the manner provided in Section 1(c) below, and the Holder (or such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) shall be treated for all purposes as the holder of record of such Warrant Shares as of the close of business on such Automatic Exercise Date. This Warrant shall be deemed to be surrendered to the Corporation on the Automatic Exercise Date by virtue of this Section 1(b) without any action by the Holder. As promptly as is reasonably practicable on or after the Automatic Exercise Date, but in no event prior to the date on which this Warrant is surrendered to the Corporation at the principal office of the Corporation, or such other office or agency of the Corporation as it may reasonably designate by written notice to the Holder, during normal business hours on any Business Day, the Corporation at its expense shall issue and deliver to the Holder (or such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) a certificate or certificates for the number of Warrant Shares issuable upon such exercise, in accordance with Section 1(c).

Automatic Exercise. If any portion of this Warrant remains unexercised as of the Expiration Date and the Fair Market Value of one share of Common Stock as of the Expiration Date is greater than the applicable Warrant Price as of the Expiration Date, then this Warrant shall be deemed to have been exercised automatically immediately prior to the close of business on the Expiration Date (or, in the event that the Expiration Date is not a Business Day, the immediately preceding Business Day) (the “Automatic Exercise Date”"AUTOMATIC EXERCISE DATE") in the manner provided in Section 1(c) below, and the Holder (or such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) shall be treated for all purposes as the holder of record of such Warrant Shares as of the close of business on such Automatic Exercise Date. This Warrant shall be deemed to be surrendered to the Corporation on the Automatic Exercise Date by virtue of this Section 1(b) without any action by the Holder. As promptly as is reasonably practicable on or after the Automatic Exercise Date, but in no event prior to the date on which this Warrant is surrendered to the Corporation at the principal office of the Corporation, or such other office or agency of the Corporation as it may reasonably designate by written notice to the Holder, during normal business hours on any Business Day, the Corporation at its expense shall issue and deliver to the Holder (or such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) a certificate or certificates for the number of Warrant Shares issuable upon such exercise, in accordance with Section 1(c).

Automatic Exercise. If any portion of this Warrant remains unexercised as of the Expiration Date and the Fair Market Value (as defined below) of one share of Common Stock as of the Expiration Date is greater than the applicable Warrant Price as of the Expiration Date, then this Warrant shall be deemed to have been exercised automatically immediately prior to the close of business on the Expiration Date (or, in the event that the Expiration Date is not a Business Day, the immediately preceding Business Day) (the “"Automatic Exercise Date”") in the manner provided in Section 1(c) below, and the Holder (or such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) shall be treated for all purposes as the holder of record of such Warrant Shares as of the close of business on such Automatic Exercise Date. This Warrant shall be deemed to be surrendered to the Corporation Company on the Automatic Exercise Date by virtue of this Section 1(b) without any action by the Holder. As promptly as is reasonably practicable on or after the Automatic Exercise Date, but in no event prior to the date on which this Warrant is surrendered to the Corporation Company at the principal office of the CorporationCompany, or such other office or agency of the Corporation Company as it may reasonably designate by written notice to the Holder, during normal business hours on any Business Day, the Corporation Company at its expense shall issue and deliver to the Holder (or such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) a certificate or certificates for the number of Warrant Shares issuable upon such exercise, in accordance with Section 1(c).

Automatic Exercise. If any portion of this Warrant remains remain unexercised as of the Expiration Date and the Fair Market Value (as defined below) of one share of Common Stock capital stock as of the Expiration Date is greater than titan the applicable Warrant Price as of the Expiration Date, then this Warrant shall be deemed to have been exercised automatically immediately prior to the close of business on the Expiration Date (or, in the event client that the Expiration Date is not a Business Day, the immediately preceding Business Day) (the “Automatic Exercise Date”) in the manner provided in Section 1(c) 2.4 below, and the Holder (or such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) shall be treated for all purposes as the holder of record of such Warrant Shares as of the close of business on such Automatic Exercise Date. This Warrant shall be deemed to be surrendered to the Corporation Company on the Automatic Exercise Date by virtue of this Section 1(b) 2.3 without any action by the Holder. As promptly as is reasonably practicable on or after the Automatic Exercise Date, but in no event prior to before the date on which this Warrant is surrendered to the Corporation Company at the principal office of the CorporationCompany, or such other office or agency of the Corporation Company as it may reasonably designate by written notice to the Holder, during normal business hours on any Business Day, the Corporation Company at its expense shall issue and deliver to the Holder (or such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) a certificate or certificates for the number of Warrant Shares issuable upon such exercise, in accordance with Section 1(c)2.4.

Automatic Exercise. If any portion of this Warrant remains unexercised as of either (i) the Expiration Date and or (ii) the expiration of the Mandatory Exercise Period and, in either such case, the Fair Market Value (as defined below) of one share of Common Stock as of the Expiration Date such date is greater than the applicable Warrant Price as of the Expiration Datesuch date, then this Warrant shall be deemed to have been exercised automatically immediately prior to the close of business (i) on the Expiration Date (or, in the event that the Expiration Date is not a Business Day, the immediately preceding Business Day) or (ii) immediately prior to the expiration of the Mandatory Exercise Period, as applicable (the “Automatic Exercise Date”) ), in the manner provided in Section 1(c) below, and the Holder (or such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) shall be treated for all purposes as the holder of record of such Warrant Shares as of the close of business on such Automatic Exercise Date. This Warrant shall be deemed to be surrendered to the Corporation Company on the Automatic Exercise Date by virtue of this Section 1(b) without any action by the Holder. As promptly as is reasonably practicable on or after the Automatic Exercise Date, but in no event prior to the date on which this Warrant is surrendered to the Corporation Company at the principal office of the CorporationCompany, or such other office or agency of the Corporation Company as it may reasonably designate by written notice to the Holder, during normal business hours on any Business Day, the Corporation Company at its expense shall issue and deliver to the Holder (or such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) a certificate or certificates for the number of Warrant Shares issuable upon such exercise, in accordance with Section 1(c).

Automatic Exercise. If In the event that any portion of this ------------------ Warrant remains unexercised as of the Expiration Date and the Fair Market Value fair market value (determined in accordance with Section 4(h) below) of one share of Common Stock ------------ as of the Expiration Date is greater than the applicable Warrant Price as of the Expiration Date, then this Warrant shall be deemed to have been exercised automatically immediately prior to the close of business on the Expiration Date (or, in the event that the Expiration Date is not a Business Daybusiness day, the immediately preceding Business Daybusiness day) (the “"Automatic Exercise Date”) in the manner provided in Section 1(c) below"), and the Holder (or person entitled to receive the shares of Common Stock issuable upon such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) exercise shall be treated for all purposes as the holder of record of such Warrant Shares as of the close of business on such Automatic Exercise Date. This Warrant shall be deemed to be surrendered to the Corporation Company on the Automatic Exercise Date by virtue of this Section 1(b2(b) and without any action by the Holder------------ holder of this Warrant E-52 or any other person, and payment to the Company of the then applicable Warrant Price multiplied by the number of Warrant Shares then being purchased shall be deemed to be made as of the Automatic Exercise Date pursuant to the conversion provisions of Section 2(c) below (without payment by the holder of any cash ------------ exercise price). As promptly as is reasonably practicable on or after the Automatic Exercise Date, but Date and in no any event prior to the date on which this Warrant is surrendered to the Corporation at the principal office of the Corporation, or such other office or agency of the Corporation as it may reasonably designate by written notice to the Holder, during normal business hours on any Business Daywithin thirty (30) days thereafter, the Corporation Company at its expense shall issue and deliver to the Holder (or such other person or persons as directed by entitled to receive the Holder, subject to compliance with applicable securities laws) same a certificate or certificates for the number of Warrant Shares issuable upon such exercise, in accordance with Section 1(c).

Automatic Exercise. If In the event that any portion of this Warrant ------------------ remains unexercised as of the Expiration Date and the Fair Market Value fair market value (determined in accordance with Section 4(h) below) of one share of Common Stock ------------ as of the Expiration Date is greater than the applicable Warrant Price as of the Expiration Date, then this Warrant shall be deemed to have been exercised automatically immediately prior to the close of business on the Expiration Date (or, in the event that the Expiration Date is not a Business Daybusiness day, the immediately preceding Business Daybusiness day) (the “"Automatic Exercise Date”) in the manner provided in Section 1(c) below"), and the Holder (or person entitled to receive the shares of Common Stock issuable upon such other person or persons as directed by the Holder, subject to compliance with applicable securities laws) exercise shall be treated for all purposes as the holder of record of such Warrant Shares as of the close of business on such Automatic Exercise Date. This Warrant shall be deemed to be surrendered to the Corporation Company on the Automatic Exercise Date by virtue of this Section 1(b2(b) and without any action by the Holder------------ holder of this Warrant or any other person, and payment to the Company of the then applicable Warrant Price multiplied by the number of Warrant Shares then being purchased shall be deemed to be made as of the Automatic Exercise Date pursuant to the conversion provisions of Section 2(c) below (without payment by ------------ the holder of any cash exercise price). As promptly as is reasonably practicable on or after the Automatic Exercise Date, but Date and in no any event prior to the date on which this Warrant is surrendered to the Corporation at the principal office of the Corporation, or such other office or agency of the Corporation as it may reasonably designate by written notice to the Holder, during normal business hours on any Business Daywithin thirty (30) days thereafter, the Corporation Company at its expense shall issue and deliver to the Holder (or such other person or persons as directed by entitled to receive the Holder, subject to compliance with applicable securities laws) same a certificate or certificates for the number of Warrant Shares issuable upon such exercise, in accordance with Section 1(c).