Common use of Cashless Exercise at Company’s Option Clause in Contracts

Cashless Exercise at Company’s Option. If the Shares are at the time of any exercise of a Warrant not listed on a US securities exchange such that they satisfy the definition of a “covered security” under Section 18(b)(1) of the Securities Act, the Company may, at its option, (i) require holders of Warrants who exercise Warrants to exercise such Warrants on a “cashless basis” in accordance with Section 3(a)(9) of the Securities Act as described in subsection 8.4.1 and (ii) in the event the Company so elects, the Company shall (x) not be required to file or maintain in effect a registration statement for the registration, under the Securities Act, of the Shares issuable upon exercise of the Warrants, notwithstanding anything in this Agreement to the contrary, and (y) use its best efforts to register or qualify for sale the Shares issuable upon exercise of the Warrant under the blue sky laws of the state of residence of the exercising Warrant holder to the extent an exemption is not available.

Cashless Exercise at Company’s Option. If the Shares are Common Stock is at the time of any exercise of a Warrant not listed on a US national securities exchange such that they satisfy it satisfies the definition of a “covered security” under Section 18(b)(1) of the Securities Act, the Company may, at its option, (i) require holders of Warrants who exercise Warrants to exercise such Warrants on a “cashless basis” in accordance with Section 3(a)(9) of the Securities Act as described in subsection 8.4.1 7.4.1 and (ii) in the event the Company so elects, the Company shall (x) not be required to file or maintain in effect a registration statement for the registration, under the Securities Act, of the Shares Common Stock issuable upon exercise of the Warrants, notwithstanding anything in this Agreement to the contrary, and (y) use its best commercially reasonable efforts to register or qualify for sale the Shares Common Stock issuable upon exercise of the Warrant under the applicable blue sky laws of the state of the residence of the exercising Warrant holder to the extent an exemption is not available.

Cashless Exercise at Company’s Option. If the Shares shares of Common Stock are at the time of any exercise of a Warrant not listed on a US national securities exchange such that they satisfy the definition of a “covered security” under Section 18(b)(1) of the Securities Act, the Company may, at its option, (i) require holders of Warrants who exercise Warrants to exercise such their Warrants on a “cashless basis” in accordance with Section 3(a)(9) of the Securities Act as described in subsection 8.4.1 7.4.1 and (ii) in the event the Company so elects, the Company shall (x) not be required to file or maintain in effect a registration statement for the registration, under the Securities Act, of the Shares shares of Common Stock issuable upon exercise of the Warrants, notwithstanding anything in this Agreement to the contrary, and (y) use its best commercially reasonable efforts to register or qualify for sale the Shares shares of Common Stock issuable upon exercise of the Warrant under the applicable blue sky laws of the state of the residence of the exercising Warrant holder to the extent an exemption is not available.

Cashless Exercise at Company’s Option. If the Shares are Common Stock is at the time of any exercise of a Warrant not listed on a US national securities exchange such that they satisfy it satisfies the definition of a “covered security” under Section 18(b)(1) of the Securities Act, the Company may, at its option, (i) require holders of Warrants who exercise Warrants to exercise such Warrants on a “cashless basis” in accordance with Section 3(a)(9) of the Securities Act as described in subsection 8.4.1 7.4.1 and (ii) in the event the Company so elects, the Company shall (x) not be required to file or maintain in effect a registration statement for the registration, under the Securities Act, of the Shares Common Stock issuable upon exercise of the Warrants, notwithstanding anything in this Agreement to the contrary, and (y) use its best commercially reasonable efforts to register or qualify for sale the Shares Common Stock issuable upon exercise of the Warrant under the applicable blue sky laws of the state of residence of the exercising Warrant holder to the extent an exemption is not available.

Cashless Exercise at Company’s Option. If the Shares are Common Stock is at the time of any exercise of a Warrant not listed on a US national securities exchange such that they satisfy it satisfies the definition of a “covered security” under Section 18(b)(1) of the Securities ActAct (or any successor statute), the Company may, at its option, (i) require holders of Public Warrants who exercise Public Warrants to exercise such Public Warrants on a “cashless basis” in accordance with Section 3(a)(9) of the Securities Act (or any successor statute) as described in subsection 8.4.1 7.4.1 and (ii) in the event the Company so elects, the Company shall (x) not be required to file or maintain in effect a registration statement for the registration, under the Securities Act, of the Shares Common Stock issuable upon exercise of the Warrants, notwithstanding anything in this Agreement to the contrary, and (y) but shall use its reasonable best efforts to register or qualify for sale the Shares Common Stock issuable upon exercise of the any Public Warrant under the blue sky laws of the state of residence of the exercising Public Warrant holder to the extent an exemption is not available.