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 12 shall require that an adjustment in the Exercise Rate or 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 Rate prior to such adjustment, and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 10 shall require that an adjustment in the Exercise Rate or Exercise Price number of Warrant Shares issuable upon exercise of one Warrant 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 Rate prior to such adjustment, current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof11; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to deliver to such Holder holder a due xxxx bill or other appropriate instrument evidencing such Holderholder's right to receive xxxeive 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 12 11 shall require that an adjustment in the Exercise Rate or Exercise Price number of shares of Common Stock issuable upon exercise of each Warrant 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 Rate prior to such adjustment, number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share pursuant to Section 13 12 hereof; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 shall require 11 requires that an adjustment in the Exercise Rate or Exercise Price number of shares of Common Stock issuable upon exercise of each Warrant 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 Rate prior to such adjustment, number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof12; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 10 shall require that an adjustment in the Exercise Rate or Exercise Price number of Warrant Shares issuable upon exercise of one Warrant 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 Rate prior to such adjustment, current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof11; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 shall require that an adjustment in the Exercise Rate or 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 Rate prior to such adjustment, and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 10 shall require that an adjustment in the Exercise Rate or Exercise Price number of Warrant Shares issuable upon exercise of one Warrant 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 Rate prior to such adjustment, current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof11; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 11 shall require that an adjustment in the Exercise Rate or Exercise Price number of Ordinary Shares issuable upon exercise of each Warrant 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 shares of the share capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other shares of the share capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Rate prior to such adjustment, number of Ordinary Shares issuable upon exercise of each Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share pursuant to Section 13 12 hereof; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 shares of the share 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 12 shall require 11 requires that an adjustment in the Exercise Rate or Exercise Price number of shares of Common Stock issuable upon exercise of each Warrant 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 Rate prior to such adjustment, number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof12; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 10 shall require that an adjustment in the Exercise Rate or Exercise Price number of Warrant Shares issuable upon exercise of one Warrant 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 Rate prior to such adjustment, current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof11; provided, however, that the --------- ------- Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 shall require that an adjustment in the Exercise Rate or 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 Rate prior to such adjustment, and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof13; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 11 shall require that an adjustment in the Exercise Rate or 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 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 Rate Warrant Number prior to such adjustment, and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof11; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 11.2 shall require that an adjustment in the Exercise Rate or Exercise Price number of shares of Common Stock issuable upon exercise of each Warrant be made effective as of a record date for a specified event, the Company Parent may elect to defer until the occurrence of such event (i) issuing to the Holder holder of any Warrant Certificate exercised after such record date the Warrant Shares and other capital stock of the CompanyParent, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the CompanyParent, if any, issuable upon such exercise on the basis of the Exercise Rate prior to such adjustment, number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share purchased pursuant to Section 13 hereof11.3; provided, however, that the Company Parent shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 10 shall require that an adjustment in the Exercise Rate or 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 Rate prior to such adjustment, and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof11; provided, however, that the Company -------- ------- shall deliver to the Warrant Agent and shall cause the Warrant Agentdeliver, on behalf of and at the expense of the Companyits own expense, to 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 12 10 shall require that an adjustment in the Exercise Rate or Exercise Price number of Warrant Shares issuable upon exercise of one Warrant 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 Rate prior to such adjustment, current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof11; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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 12 10 shall require that an adjustment in the Exercise Rate or Exercise Price number of Warrant Shares issuable upon exercise of one Warrant 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 Rate prior to such adjustment, current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13 hereof11; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to 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.