Common use of When Issuance or Payment May Be Deferred Clause in Contracts

When Issuance or Payment May Be Deferred. In any case in which this Section 10 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 11; PROVIDED, HOWEVER, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 Article IV shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares shares of Common Stock and other shares in the capital stock of the Company, if any, issuable purchasable upon such exercise over and above the Warrant Shares shares of Common Stock and other shares in the capital stock of the Company, if any, issuable purchasable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 11share; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holderHolder's right to receive such additional Warrant Sharesshares of Common Stock, other capital stock shares and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 6.01 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock Capital Stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock Capital Stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 116.02 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock Capital Stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 11; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 Article IV shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares shares of Common Stock and other shares in the capital stock of the Company, if any, issuable purchasable upon such exercise over and above the Warrant Shares shares of Common Stock and other shares in the capital stock of the Company, if any, issuable purchasable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 11share; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder Holder a due xxxx bill or other appropriate instrument instruxxxx evidencing such holderHolder's right to receive such additional Warrant Sharesshares of Common Stock, other capital stock shares and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 shall require that an adjustment in the Exercise Price and Warrant Number be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Warrant Number prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 11; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 6.01 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock Capital Stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock Capital Stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 116.02; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock Capital Stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 7 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Companysuch securities or assets, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Companysuch securities or assets, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 118; PROVIDED, HOWEVER, that the Company shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder's right xxxxt to receive such additional Warrant warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 13 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such such, exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1115 hereof; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 9 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1110; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 6.01 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock Capital Stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other capital stock Capital Stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 116.02 hereof or pursuant to a Net Cash Settlement; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock Capital Stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 14 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1116 hereof; PROVIDED, HOWEVER, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 11; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 9 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 1110; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder the Holder a due xxxx or bill xx other appropriate instrument evidencing such holderHolder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 9 shall require that an adjustment in the Exercise Price and Warrant Number be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Warrant Number prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 1110; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 9 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 1110; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder the Holder a due xxxx bxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of interests in the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of interests in the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share interest pursuant to Section 1110 hereof; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company Holdings may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the CompanyHoldings, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the CompanyHoldings, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 119 hereof; PROVIDED, HOWEVER, provided that the Company Holdings shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1110 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the applicable Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the applicable Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 119 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 6.01 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 116.02 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 SECTION 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 11SECTION 11 hereof; PROVIDED, HOWEVER, PROVIDED that the Company shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder's right to receive tx xxceive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 11 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1112 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1110 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx bxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 6.01 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i14) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii15) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 116.02; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 11 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1113; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock equity and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 119; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 11 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1112 hereof; PROVIDED, HOWEVER, that the Company shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 6.01 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock Capital Stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock Capital Stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 116.02 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder Holder a due xxxx bill or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock Capital Stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant Holder exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 119 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder Holder a due xxxx or bill xx other appropriate instrument evidencing such holderHolder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 12 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1116; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder's right rxxxx to receive such additional Warrant Shares, other capital stock equity and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 6.01 shall require that an adjustment in the Exercise Price Ratio be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock Capital Stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock Capital Stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Ratio and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 116.02; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock Capital Stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this ---------------------------------------- Section 10 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 11; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 11 shall require that an adjustment in the any Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the applicable Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1112; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 11 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1112; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 9 shall require that an adjustment in the Exercise Price and Warrant Number be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Warrant Number prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 1112; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder Holder a due xxxx bxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 9 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Holder, if the Warrant is exercised after such record date date, the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder the Holder any amount in cash in lieu of a fractional share pursuant to Section 1110; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder the Holder a due xxxx or other appropriate instrument evidencing such holder's the Holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 7 shall require that an adjustment in the applicable Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the applicable Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 118 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 12 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1116; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock equity and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1111 hereof; PROVIDED, HOWEVER, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 11 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company Holdings may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock equity of the CompanyHoldings, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock equity of the CompanyHoldings, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share unit pursuant to Section 1113; PROVIDEDprovided, HOWEVERhowever, that the Company Holdings shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock equity and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 9 shall require that an adjustment in the Exercise Price Warrant Number be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Warrant Number prior to such adjustment, and (ii) at the sole option of the Company, paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 117; PROVIDED, HOWEVER, PROVIDED that the Company shall deliver to such holder Holder a due xxxx or bill xx other appropriate instrument evidencing such holderHolder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 119 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which ---------------------------------------- this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company Holdings may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the CompanyHoldings, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the CompanyHoldings, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 119 hereof; PROVIDED, HOWEVER, provided that the Company Holdings shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 1112; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holderHolder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 7 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1110 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder's right to receive tx xxceive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 7 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 118 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder's right to receive tx xxceive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 12 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate, and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1114; PROVIDED, HOWEVER, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 9 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1110 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant Holder exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 1110 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder Holder a due xxxx or bill xx other appropriate instrument evidencing such holderHolder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the additional Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, that would have been issuable upon such exercise on the basis of the Exercise Price prior to such adjustment, and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 11; PROVIDED, HOWEVER, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 3 shall require that an adjustment in the Exercise Stock Purchase Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Stock Purchase Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 11; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 11 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such such, exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 1113 hereof; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder Holder a due xxxx bxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 11; PROVIDED, HOWEVER, that the Company shall deliver to such holder a due xxxx bill or other appropriate instrument xxxtrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1110 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 9 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 1110; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder the Holder a due xxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this ---------------------------------------- Section 10 13 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1115 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 6.01 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 116.02 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder's Holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 7 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 118 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder's right to receive xx xeceive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 7 shall require that an adjustment in the Exercise Price Rate be made --------- effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1113; PROVIDED---------- provided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or -------- ------- other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in -------------------------------------------- which this Section 10 6 shall require that an adjustment in the Exercise Price be made effective as of or immediately after a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price prior to such adjustment and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 117.8 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1110 hereof; PROVIDED, HOWEVER, provided that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in ---------------------------------------- which this Section 10 8 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company Holdings may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the CompanyHoldings, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the CompanyHoldings, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 119 hereof; PROVIDED, HOWEVER, provided that the Company Holdings shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 10 11 shall require that an adjustment in the Exercise Price Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 1112; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx bxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional Warrant Shares, other capital stock equity and cash upon the occurrence of the event requiring such adjustment.