Common use of Issuance of Warrant Shares Clause in Contracts

Issuance of Warrant Shares. Upon the Holder's exercise of this Warrant, the Company shall issue the Warrant Shares so purchased to the Holder and within two Business Days shall cause to be executed and delivered to the Holder a certificate or certificates representing the aggregate number of fully-paid and nonassessable shares of Common Stock issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder shall be deemed to have become a holder of record of such Common Stock, with the right, to the extent permitted by law, to vote such Common Stock or to consent or to receive notice as a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2.

Issuance of Warrant Shares. Upon Subject to Section 5.9, upon receipt of the HolderWarrant Certificate with Subscription Form duly executed and accompanied by payment of the aggregate Exercise Price Per Share for the Warrant Shares for which the Warrant is then being exercised, and provided that the holder has made any government filings, and has obtained any governmental actions, consents, approvals, or waiver, required on the holder's part in order to exercise of this Warrantthe Warrants, the Company shall issue the Warrant Shares so purchased to the Holder and within two Business Days shall cause to be executed and delivered issued certificates for the total number of whole shares of Common Stock for which the Warrant is being exercised (adjusted to reflect the effect of the provisions contained in Section 6 hereof, if any), in such denominations as are requested for delivery to the Holder a certificate or holder, and the Company shall thereupon deliver such certificates representing to the aggregate number holder. The holder shall be deemed to be the holder of fully-paid and nonassessable record of the shares of Common Stock issuable upon such exercise. The , notwithstanding that the stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name transfer books of the Holder. Such certificate Company shall then be closed or that certificates shall be deemed to have been issued and the Holder shall be deemed to have become a holder representing such shares of record of such Common Stock, with the right, to the extent permitted by law, to vote such Common Stock or to consent or to receive notice as a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are shall not then be actually delivered to the Companyholder. If this at the time a Warrant shall have been exercised only is exercised, a Registration Statement is not in part effect to register under the Securities Act the Warrant Shares issuable upon exercise of such Warrant, the Company shallmay require the holder to make such representations, within two Business Days and may place such legends on certificates representing the Warrant Shares, as are customary and may be reasonably required in the opinion of delivery of such certificate or certificates, deliver counsel to the Holder either (i) a new warrant dated Company to permit the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of to be issued without such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2registration.

Issuance of Warrant Shares. Upon If the Holder's exercise Warrant is exercised pursuant to Section 4.1 or 4.2, as promptly as practicable but in any event within three (3) Trading Days following the delivery date (the “Delivery Date”) of (i) an Exercise Form or Exchange Form in accordance with Section 4.1 or 4.2, (ii) the related Warrant and (iii) any required payment of the Exercise Price, the Issuer shall, without charge, upon compliance with the applicable provisions of this WarrantAgreement, the Company shall issue the Warrant Shares so purchased to the such Holder and within two Business Days shall cause to be executed and delivered to the Holder a certificate one or more stock certificates representing or other appropriate evidence of ownership of the aggregate number of fully-paid and nonassessable shares of Common Stock issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be to which the Holder of such Warrant is entitled and the other Securities or Property (including any Cash) to which such Holder is entitled, in such denominations denominations, and registered or otherwise placed in, or payable to the order of, such name as may be specified directed in writing by such Holder. If the Warrant is exercised pursuant to Section 4.3, as promptly as practicable but in any event within three (3) Trading Days following the Effective Time, the Issuer shall, without charge, issue to such Holder one or more stock certificates or transmit electronically to such Holder the aggregate number of Warrant Shares to which the Holder of such Warrant is entitled through the Deposit Withdrawal Agent Commission System of DTC, and deliver the other Securities or Property (including any Cash) to which such Holder is entitled, in such notice denominations, and shall be registered in or otherwise placed in, or payable to the name order of the such Holder. Such certificate The Issuer shall deliver such stock certificates or certificates shall be deemed to have been issued evidence of ownership and the Holder shall be deemed to have become a holder of record of such Common Stock, with the right, any other Securities or Property (including any Cash) to the extent permitted by law, to vote such Common Stock or to consent or Person entitled to receive notice as the same, together with an amount in Cash in lieu of any fraction of a stockholderWarrant Share (or fractional interest in any other Security), as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2hereinafter provided.

Issuance of Warrant Shares. Upon Subject to Section 2.06, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the Exercise Price, as set forth in Section 3.04, the Company shall issue to the Holder thereof such number of Warrant Shares to which such Holder is entitled and cause the transfer agent for the Common Stock (the “Transfer Agent”) to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Holder), together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. Upon Subject to Section 2.5, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.4, the Company shall shall, as soon as practicable and in any event within 3 Business Days after such exercise, issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock ("Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder a certificate or certificates representing the aggregate number same, together with cash as provided in Section 3.6 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for ; provided, however, that if the Company is requested to issue Common Stock upon the exercise of a Warrant Shares so delivered to any Person other than the Holder, then the Company shall be in such denominations as may be specified in such notice and shall be registered in entitled to request, at the name expense of the Holder, an opinion of counsel for the Holder, reasonably satisfactory to it, that the requested issuance will not violate applicable federal or state securities laws. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common Stock, with the right, to the extent permitted by law, to vote such Common Stock or to consent or to receive notice as a stockholder, Warrant Shares as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining surrender of any requested declaratory ruling from the Federal Communications Commission) such Warrant Certificates and all payment of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2per share Exercise Price.

Issuance of Warrant Shares. Upon Subject to Section 2.06, upon -------------------------- the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, the Company as set forth in Section 3.04, Careside shall issue and cause a transfer agent for the Common Stock ("Transfer Agent") to countersign and deliver, upon the written order of the Holder in such name or names as the Holder may designate, a stock certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder a certificate or certificates representing the aggregate number same, together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The Such stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as previously stated; provided, however, that if, at such date, the righttransfer books --------- ------- for the Warrant Shares shall be closed, the stock certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date Careside shall be under no duty to the extent permitted deliver any stock certificates for such Warrant Shares; provided further, however, that such transfer books, unless ----------------- ------- otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. Upon the Holder's exercise of this Warrant, the Company shall issue the Warrant Shares so purchased to the Holder and within two Business Days shall cause to be executed and delivered to the Holder a certificate or certificates representing the aggregate number of fully-paid and nonassessable shares of Common Stock issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder shall be deemed to have become a holder of record of such Common Stockshares, with the right, to the extent permitted by law, to vote such Common Stock shares or to consent or to receive notice as a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2.

Issuance of Warrant Shares. Upon Subject to Section 2.06, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price or election of a Cashless Exercise, as set forth in Section 3.04, the Company shall issue and cause the transfer agent for the Common Stock ("Stock Transfer Agent") to countersign and deliver to or upon the written order of the Warrantholder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Warrantholder), together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated therein shall be deemed to have become a holder Holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price or election of a Cashless Exercise, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 90 calendar days.

Issuance of Warrant Shares. Upon Subject to Section 2.07, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.04, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock ("Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered 17 13 or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder a certificate or certificates representing the aggregate number same, together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. Upon Subject to Section 2.07, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the Exercise Price or election of a Cashless Exercise, as set forth in Section 3.04, the Company shall issue and cause the transfer agent for the Common Stock (“Stock Transfer Agent”) to countersign and deliver to or upon the written order of the Warrantholder and in such name or names as such Warrantholder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Warrantholder), together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the Exercise Price or election of a Cashless Exercise, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied period longer than ninety (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission90) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2calendar days.

Issuance of Warrant Shares. Upon Subject to Section 5, upon the Holder's exercise surrender of this Warrantthe Warrant and payment of the Warrant Price as aforesaid, the Company Warrant Agent shall issue promptly cause to be issued and delivered to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased to upon the Holder and within two Business Days shall cause to be executed and delivered to the Holder a certificate or certificates representing the aggregate number exercise of fully-paid and nonassessable shares such Warrant, together with cash, as provided in Section 12, in respect of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holdersurrender. Such certificate or certificates shall be deemed to have been issued and the Holder any person so designated to be named therein shall be deemed to have become a holder of record of such Common Stock, with the right, to the extent permitted by law, to vote such Common Stock or to consent or to receive notice as a stockholder, Warrant Shares as of the close date of business on the date surrender of such Warrants and payment of the Warrant Price, as aforesaid. The rights of purchase represented by the Warrant shall be exercisable, at the election of the Holder thereof, either in full or from time to time in part and, in the event that a certificate evidencing the Warrant is exercised in respect of less than all of the conditions referred Warrant Shares purchasable on such exercise at any time prior to in Section 2.1 are satisfied (including, without limitation, the obtaining date of any requested declaratory ruling from the Federal Communications Commission) and all expiration of the items specified in Section 2.2 above are delivered Warrant, a new certificate evidencing the unexercised portion of the Warrant will be issued, and the Warrant Agent is hereby irrevocably authorized to countersign and to deliver the required new Warrant certificate or certificates pursuant to the provisions of this Section 3 and Section 2.2, and the Company. If this , whenever required by the Warrant shall have been exercised only in part Agent, will supply the Warrant Agent with Warrant certificates duly executed on behalf of the Company shall, within two Business Days of delivery of for such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2purpose.

Issuance of Warrant Shares. Upon Subject to Section 2.06, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.04, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock ("Stock Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Holder), together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. Upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the aggregate Exercise Price, as set forth in Section 3.05, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock ("Stock Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Holder), together with cash as provided in Section 3.07 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for exercise (but only to the extent permitted by applicable law and the instruments and agreements governing the indebtedness of the Company and its subsidiaries at such time and if the payment of cash is not so permitted, the Company shall issue Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in an amount equal to the name of the Holdernext highest whole number). Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive shall not be closed at any one time for a period longer than twenty (20) calendar days and shall not be closed without ten (10) days prior written notice as a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2Holders.

Issuance of Warrant Shares. Upon Subject to Section 2.05, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.04, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock (“Stock Transfer Agent”) to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Holder), together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. Upon Subject to Section 2.6, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.5, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock (“Transfer Agent”) to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder a certificate or certificates representing the aggregate number same, together with cash as provided in Section 3.5 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for ; provided, however, that if the Company is requested to issue Common Stock upon the exercise of a Warrant Shares so delivered to any Person other than the Holder, then the Company shall be in such denominations as may entitled to request, and the Holder will be specified in such notice and shall be registered in obligated to provide, at the name expense of the Holder, an opinion of counsel for the Holder, reasonably satisfactory to it, that the requested issuance will not violate applicable federal or state securities laws; and provided further that no Holder shall be entitled to exercise such Holder’s Warrants at any time unless, at the time of exercise, (i) a registration statement under the Securities Act relating to the Warrant Shares has been filed with, and declared effective by, the SEC, and no stop order suspending the effectiveness of such registration statement has been issued by the SEC or (ii) the issuance of the Warrant Shares is permitted pursuant to an exemption from the registration requirements of the Securities Act. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common Stock, with the right, to the extent permitted by law, to vote such Common Stock or to consent or to receive notice as a stockholder, Warrant Shares as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining surrender of any requested declaratory ruling from the Federal Communications Commission) such Warrant Certificates and all payment of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2per share Exercise Price.

Issuance of Warrant Shares. Upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.4, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock (“Stock Transfer Agent”) to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of shares of Common Stock constituting full Warrant Shares so purchased upon the exercise of such Warrants or other securities to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Holder), together with cash as provided in Section 3.6 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued issued, and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. Upon Subject to Section 2.6, upon the Holder's exercise surrender of this WarrantWarrant Certificates and form of election properly completed and executed and payment of the per share Exercise Price, as set forth in Section 3.4, the Company shall issue and cause the Warrant Agent or the Initial Warrant Agent, as applicable, or, if appointed, a transfer agent for the Common Stock ("Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder a certificate or certificates representing the aggregate number same, together with cash as provided in Section 3.6 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates, with form of election and payment of the rightper share Exercise Price, as aforesaid; provided, however, that if, at such date, the transfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. (a) Upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.4, the Company shall shall, as soon as practicable and in any event within three (3) Business Days after such exercise, issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock (“Transfer Agent”) to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder a certificate or certificates representing the aggregate number same, together with cash as provided in Section 3.6 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for ; provided, however, that if the Company is requested to issue Common Stock upon the exercise of a Warrant Shares so delivered to any Person other than the Holder, then the Company shall be in such denominations as may be specified in such notice and shall be registered in entitled to request, at the name expense of the Holder, an opinion of counsel for the Holder, reasonably satisfactory to the Company, that the requested issuance will not violate applicable federal or state securities laws. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common Stock, with the right, to the extent permitted by law, to vote such Common Stock or to consent or to receive notice as a stockholder, Warrant Shares as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining surrender of any requested declaratory ruling from the Federal Communications Commission) such Warrant Certificates and all payment of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2per share Exercise Price.

Issuance of Warrant Shares. Upon Subject to Section 2.06, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.04, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock (the "Stock Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Holder), together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which 25 21 such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. Upon Subject to Section 2.06, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.04, the Warrant Agent shall requisition from the Company, and the Company shall issue and, if appointed, cause the transfer agent for the Common Stock ("Stock Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Holder), together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; PROVIDED, HOWEVER, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. Upon The Warrant Agent shall advise the Holder's Company promptly after receipt of a Warrant Exercise Notice, of (A) the receipt of such Exercise Notice and the number of Warrants exercised in accordance with the terms and conditions of this Agreement, (B) the instructions with respect to delivery of the shares of Common Stock of the Company deliverable upon such exercise and (C) such other information as the Company shall reasonably require. Subject to Section 2.05, upon the partial or full exercise of this a Warrant, as set forth in Section 3.04, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock (the “Stock Transfer Agent”) to countersign and deliver not later than the Settlement Date to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Person or Persons entitled to receive the same (including any depository institution so designated by a Holder); provided, that at the Holder’s option, the Holder and within two Business Days shall cause may elect to be executed have the Warrant Shares issued by same-day credit to the Depository for the account of such Holder or for the account of a participant in the Depository, in each case registered in such name and delivered to such account as directed in the Exercise Notice by such Holder a certificate or certificates representing by the aggregate number of fully-paid and nonassessable shares of Common Stock issuable upon direct participant in the Depository through which such exerciseHolder is acting. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in subject to the name of the Holder. Such certificate or certificates Exercise Notice shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common Stock, with the right, to the extent permitted by law, to vote such Common Stock or to consent or to receive notice as a stockholder, Warrant Shares as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all delivery of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shallExercise Notice, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2as aforesaid.

Issuance of Warrant Shares. Upon Subject to Section 2.07, -------------------------- upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.04, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock ("Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder a certificate or certificates representing the aggregate number same, together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. Upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.03, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock ("Stock Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Holder), together with cash as provided in Section 3.05 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive shall not be closed at any one time for a period longer than 20 calendar days and shall not be closed without 10 days prior written notice as a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2Holders.

Issuance of Warrant Shares. Upon Subject to Section 2.07, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.04, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock ("Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder a certificate or certificates representing the aggregate number same, together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price; provided, with however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than 20 calendar days.

Issuance of Warrant Shares. Upon Subject to Section 5, upon the Holder's exercise surrender of this Warrantthe Warrant and payment of the Warrant Price as aforesaid, the Company Warrant Agent shall issue promptly cause to be issued and delivered to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased to upon the Holder and within two Business Days shall cause to be executed and delivered to the Holder a certificate or certificates representing the aggregate number Warrant Agreement exercise of fully-paid and nonassessable shares such Warrant, together with cash, as provided in Section 12, in respect of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holdersurrender. Such certificate or certificates shall be deemed to have been issued and the Holder any person so designated to be named therein shall be deemed to have become a holder of record of such Common Stock, with the right, to the extent permitted by law, to vote such Common Stock or to consent or to receive notice as a stockholder, Warrant Shares as of the close date of business on the date surrender of such Warrants and payment of the Warrant Price, as aforesaid. The rights of purchase represented by the Warrant shall be exercisable, at the election of the Holder thereof, either in full or from time to time in part and, in the event that a certificate evidencing the Warrant is exercised in respect of less than all of the conditions referred Warrant Shares purchasable on such exercise at any time prior to in Section 2.1 are satisfied (including, without limitation, the obtaining date of any requested declaratory ruling from the Federal Communications Commission) and all expiration of the items specified in Section 2.2 above are delivered Warrant, a new certificate evidencing the unexercised portion of the Warrant will be issued, and the Warrant Agent is hereby irrevocably authorized to countersign and to deliver the required new Warrant certificate or certificates pursuant to the provisions of this Section 3 and Section 2.2, and the Company. If this , whenever required by the Warrant shall have been exercised only in part Agent, will supply the Warrant Agent with Warrant certificates duly executed on behalf of the Company shall, within two Business Days of delivery of for such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2purpose.

Issuance of Warrant Shares. Upon Subject to Section 2.05, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.04, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock ("Stock Transfer Agent") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Holder), together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than twenty calendar days.

Issuance of Warrant Shares. Upon Subject to Section 2.05, upon the Holder's exercise surrender of this WarrantWarrant Certificates and payment of the per share Exercise Price, as set forth in Section 3.04, the Company shall issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock (“Stock Transfer Agent”) to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities to which it is entitled, registered or otherwise, to the Holder and within two Business Days shall cause Person or Persons entitled to be executed and delivered to receive the Holder same (including any depositary institution so designated by a certificate or certificates representing the aggregate number Holder), together with cash as provided in Section 3.06 in respect of fully-paid and nonassessable shares of Common Stock any fractional Warrant Shares otherwise issuable upon such exercise. The stock certificate or certificates for Warrant Shares so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of the Holder. Such certificate or certificates shall be deemed to have been issued and the Holder any Person so designated to be named therein shall be deemed to have become a holder of record of such Common StockWarrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price, with as aforesaid; provided, however, that if, at such date, the righttransfer books for the Warrant Shares shall be closed, the certificates for the Warrant Shares in respect of which such Warrants are then exercised shall be issuable as of the date on which such books shall next be opened and until such date the Company shall be under no duty to the extent permitted deliver any certificates for such Warrant Shares; provided further, however, that such transfer books, unless otherwise required by law, to vote such Common Stock or to consent or to receive notice as shall not be closed at any one time for a stockholder, as of the close of business on the date all of the conditions referred to in Section 2.1 are satisfied (including, without limitation, the obtaining of any requested declaratory ruling from the Federal Communications Commission) and all of the items specified in Section 2.2 above are delivered to the Company. If this Warrant shall have been exercised only in part the Company shall, within two Business Days of delivery of such certificate or certificates, deliver to the Holder either (i) a new warrant dated the date it is issued evidencing the rights of the Holder to purchase the remaining Warrant Shares called for by this Warrant or (ii) this Warrant bearing an appropriate notation of such partial exercise. The Holder shall pay all expenses, transfer taxes and other charges payable in connection with the preparation, issuance and delivery of stock certificates under this Section 2period longer than twenty calendar days.