Common use of Net Issuance Clause in Contracts

Net Issuance. In lieu of payment of the Exercise Price described in Section 3(a), the Holder may elect to receive, without the payment by the Holder of any additional consideration, shares equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto (the "Net Issuance Election Notice") duly executed, at the office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Common Stock as is computed using the following formula: where:X = [Y*(A-B)]/A X = the number of shares to be issued to the Holder pursuant to this Section 2. Y = the number of shares covered by this Warrant in respect of which the net issuance election is made pursuant to this Section 3. A = the fair market value of one share of Common Stock, as determined in accordance with the provisions of this Section 3. B = the Exercise Price in effect under this Warrant at the time the net issuance election is made pursuant to this Section 3. For purposes of this Section 3, the "fair market value" per share of the Company's Common Stock shall mean:

Net Issuance. In lieu of payment of the Exercise Price described in Section 3(a2(a), the Holder may elect to receive, without the payment by the Holder of any additional consideration, shares equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto (the "Net Issuance Election Notice") duly executed, at the office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Common Stock as is computed using the following formula: where:X = [Y*(AY (A-B)]/A B) ------ A X = the number of shares to be issued to the Holder pursuant to this Section 2. Y = the number of shares covered by this Warrant in respect of which the net issuance election is made pursuant to this Section 32. A = the fair market value of one share of Common Stock, as determined in accordance with the provisions of this Section 32. B = the Exercise Price in effect under this Warrant at the time the net issuance election is made pursuant to this Section 32. For purposes of this Section 32, the "fair market value" per share of the Company's Common Stock shall mean:

Net Issuance. In lieu of payment of the Exercise Price described in Section 3(a2(a), the Holder may elect to receive, without the payment by the Holder of any additional consideration, shares Membership Units equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto (the "Net Issuance Election Notice") duly executed, at the office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Common Stock Membership Units as is computed using the following formula: where:X : X = [Y*(AY (A-B)]/A B) ------- A X = the number of shares to be issued to the Holder pursuant to this Section 2. Y = the number of shares covered by this Warrant in respect of which the net issuance election is made pursuant to this Section 32. A = the fair market value of one share of Common Stock, as determined in accordance with the provisions of this Section 32. B = the Exercise Price in effect under this Warrant at the time the net issuance election is made pursuant to this Section 32. For purposes of this Section 32, the "fair market value" per share of the Company's Common Stock shall mean:

Net Issuance. In lieu of payment of the Exercise Price described in Section 3(a2(a), the Holder may elect to receive, without the payment by the Holder of any additional consideration, shares equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto (the "Net Issuance Election Notice") duly executed, at the office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Common Stock as is computed using the following formula: where:X = [Y*(AY (A-B)]/A B) ------- A X = the number of shares to be issued to the Holder pursuant to this Section 2. Y = the number of shares covered by this Warrant in respect of which the net issuance election is made pursuant to this Section 32. A = the fair market value of one share of Common Stock, as determined in accordance with the provisions of this Section 32. B = the Exercise Price in effect under this Warrant at the time the net issuance election is made pursuant to this Section 32. For purposes of this Section 32, the "fair market value" per share of the Company's Common Stock shall mean: