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 ---------------------------------------- Section12 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 Section13; 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 ---------------------------------------- Section12 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 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 ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section13Section 13; 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 ---------------------------------------- Section12 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 i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares Membership Interests and other capital stock membership interests of the CompanyCompany or other entities, if any, issuable upon such exercise over and above the Warrant Shares Membership Interests and other capital stock membership interests of the CompanyCompany or other entities, if any, issuable upon such exercise on the basis of the Exercise Rate prior to such adjustment, and (ii)paying ii) paying to such Holder any amount in cash in lieu of a fractional share interest pursuant to Section13Section 13; 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, Membership Interests and other capital stock membership interests of the Company or other entities and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case ---------------------------------------- in which this ---------------------------------------- Section12 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 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 ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section13Section 13 hereof; provided, however, that the Company -------- ------- 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 ---------------------------------------- Section12 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 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 ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section13Section 13 hereof; provided, however, that the Company shall deliver -------- ------- 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 ---------------------------------------- Section12 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 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 ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section13Section 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.