Common use of Deferral of Issuance Upon Exercise Clause in Contracts

Deferral of Issuance Upon Exercise. In any case in which this Article 6 shall require that an adjustment to the Warrant Shares for which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i) prior to the occurrence of a specified event and any Warrant is exercised after the time at which the adjustment became effective but prior to the occurrence of such specified event the Company may elect to defer until the occurrence of such specified event the issuing to the Holder of such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.5; provided, however, that the Company shall deliver to such Holder or other Person a due xxxx or other appropriate instrument evidencing the right of such Holder or other Person to receive, and to become the record holder of, such Additional Common Stock, upon the occurrence of the event requiring such adjustment.

Deferral of Issuance Upon Exercise. In any case in which this Article 6 Section 5 shall require that an adjustment to the Warrant Shares for into which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i5.1(a)(i), 5.1(b) or 5.1(d) prior to the occurrence of a specified event and any Warrant is exercised after the time at which the adjustment became effective but prior to the occurrence of such specified event event, the Company may elect to defer until the occurrence of such specified event the issuing to the Holder of the Warrant Certificate evidencing such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder recordholder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.5; provided, however, that the Company shall deliver to such Holder or other Person person a due xxxx or other appropriate instrument evidencing the right of such Holder or other Person to receive, and to become the record holder of, such Additional Common StockShares, upon the occurrence of the event requiring such adjustment.

Deferral of Issuance Upon Exercise. In any case in which this Article 6 Section 5 shall require that an adjustment to the Warrant Shares for into which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i5.1(a) or 5.1(c) prior to the occurrence of a specified event and any Warrant is exercised after the time at which the adjustment became effective but prior to the occurrence of such specified event event, the Company may elect to defer until the occurrence of such specified event the issuing to the Holder of the Warrant Certificate evidencing such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder recordholder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.5; provided, however, that the Company shall deliver to such Holder or other Person person a due xxxx or bill xx other appropriate instrument evidencing the right of such Holder or other Person to receive, and to become the record holder of, such Additional Common StockShares, upon the occurrence of the event requiring such adjustment.

Deferral of Issuance Upon Exercise. In any case in which this Article 6 shall require that an adjustment to the Warrant Shares for into which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i6.1(a)(i) or 6.1(c) prior to the occurrence of a specified event and any Warrant is exercised after the time at which the adjustment became effective but prior to the occurrence of such specified event the Company may elect to defer until the occurrence of such specified event the issuing to the Holder of the Warrant Certificate evidencing such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder recordholder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.5; provided, however, that the Company shall deliver to such Holder or other Person person a due xxxx bxxx or other appropriate instrument evidencing the right of such Holder or other Person to receive, and to become the record holder of, such Additional Common Stock, upon the occurrence of the event requiring such adjustment.

Deferral of Issuance Upon Exercise. In any case in which this Article Section 6 shall require that an adjustment to the Warrant Shares for into which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i6.1(a)(i), 6.1(b) or 6.1(d) prior to the occurrence of a specified event and any Warrant is exercised after the time at which the adjustment became effective but prior to the occurrence of such specified event the Company may elect to defer until the occurrence of such specified event the issuing to the Holder of the Warrant Certificate evidencing such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder recordholder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 3.6 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.53.6; provided, however, that the Company shall deliver to such Holder or other Person person a due xxxx or other appropriate instrument evidencing the right of such Holder or other Person to receive, and to become the record holder of, such Additional Common StockShares, upon the occurrence of the event requiring such adjustment.

Deferral of Issuance Upon Exercise. In any case in which this Article Section 6 shall require that an adjustment to the Warrant Shares for into which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i6.1(a)(i), 6.1(b) or 6.1(d) prior to the occurrence of a specified event and any Warrant is exercised after the time tine at which the adjustment became effective but prior to the occurrence of such specified event the Company may elect to defer until the occurrence of such specified event the issuing to the Holder of the Warrant Certificate evidencing such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder recordholder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 3.6 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.53.6; provided, however, that the Company shall deliver to such Holder or other Person person a due xxxx or bill xx other appropriate instrument evidencing the right of such Holder or other Person to receive, and to become the record holder of, such Additional Common StockShares, upon the occurrence of the event requiring such adjustment.

Deferral of Issuance Upon Exercise. In any case in which this Article Section 6 shall require that an adjustment to the Warrant Shares for into which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i6.1(a)(i), 6.1(b) or 6.1(d) prior to the occurrence of a specified event and any Warrant is exercised after the time at which the adjustment became effective but prior to the occurrence of such specified event the Company may elect to defer until the occurrence of such specified event the issuing to the Holder of the Warrant Certificate evidencing such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder recordholder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 3.6 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.53.6; provided, however, that the Company shall deliver to such Holder or other Person person a due xxxx or bill xx other appropriate instrument evidencing the right of such Holder or other Person to receive, and to become the record holder of, such Additional Common StockShares, upon the occurrence of the event requiring such adjustment.

Deferral of Issuance Upon Exercise. In any case in which this Article 6 shall require that an adjustment to the Warrant Shares for into which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i6.1(a)(i) or 6.1(c) prior to the occurrence of a specified event and any Warrant is exercised after the time at which the adjustment became effective but prior to the occurrence of such specified event the Company may elect to defer until the occurrence of such specified event the issuing to the Holder of the Warrant Certificate evidencing such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder recordholder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 3.6 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.53.6; provided, however, that the Company shall deliver to such Holder or other Person person a due xxxx bxxx or other appropriate instrument evidencing the right of such Holder or other Person to receive, and to become the record holder of, such Additional Common Stock, upon the occurrence of the event requiring such adjustment.

Deferral of Issuance Upon Exercise. In any case in which this Article 6 Section 5 shall require that an adjustment to the Warrant Shares for into which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i5.1(a), 5.1(b) or 5.1(d) prior to the occurrence of a specified event and any Warrant is exercised after the time at which the adjustment became effective but prior to the occurrence of such specified event event, the Company may elect to defer until the occurrence of such specified event the issuing to the Holder of the Warrant Certificate evidencing such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder recordholder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.5; providedPROVIDED, however, that the Company shall deliver to such Holder or other Person person a due xxxx bill or other appropriate instrument evidencing the right of such Holder sucx Xxlder or other Person to receive, and to become the record holder of, such Additional Common StockShares, upon the occurrence of the event requiring such adjustment.

Deferral of Issuance Upon Exercise. In any case in which this Article Section 6 shall require that an adjustment to the Warrant Shares for into which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i6.1(a)(i), 6.1(b) or 6.1(d) prior to the occurrence of a specified event and any Warrant is exercised after the time tine at which the adjustment became effective but prior to the occurrence of such specified event the Company may elect to defer until the occurrence of such specified event the issuing to the Holder of the Warrant Certificate evidencing such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder recordholder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 3.6 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.53.6; provided, however, that the Company shall deliver to such Holder or other Person person a due xxxx or other appropriate instrument evidencing the right of such Holder or other Person to receive, and to become the record holder of, such Additional Common StockShares, upon the occurrence of the event requiring such adjustment.

Deferral of Issuance Upon Exercise. In any case in which this Article Section 6 shall require that an adjustment to the Warrant Shares for into which each Warrant is exercisable be made effective pursuant to Section 6.1(b)(i6.1(a)(i), 6.1(b) or 6.1(d) prior to the occurrence of a specified event and any Warrant is exercised after the time at which the adjustment became effective but prior to the occurrence of such specified event the Company may elect to defer (with prompt written notice to the Warrant Agent of such election) until the occurrence of such specified event the issuing to the Holder of the Warrant Certificate evidencing such Warrant (or other Person entitled thereto) of, and may delay registering such Holder or other Person as the record holder recordholder of, the Warrant Shares over and above the Warrant Shares issuable upon such exercise determined in accordance with Section 3.5 3.6 on the basis of the Warrant Shares into which each Warrant is exercisable prior to such adjustment determined in accordance with Section 3.53.6; provided, however, that the Company shall deliver to such Holder or other Person person a due xxxx or other appropriate instrument evidencing the right of such Holder or other Person to receive, and to become the record holder of, such Additional Common StockShares, upon the occurrence of the event requiring such adjustment.