Common use of Appraisal Procedure Clause in Contracts

Appraisal Procedure. In any case in which the provisions of this ------------------- Section 4 shall necessitate that the Appraisal Procedure be utilized for purposes of determining an adjustment to the Exercise Price, the Company may defer until the completion of the Appraisal Procedure and the determination of the adjustment (1) issuing to the holder of any Warrant exercised after the date of the event that requires the adjustment and before completion of the Appraisal Procedure and the determination of the adjustment, the shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustment and (2) paying to such holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 above; provided, however, that the Company shall deliver to such -------- ------- holder an appropriate instrument or due bills evidencing such holder's right to receive such additional shares or cash.

Appraisal Procedure. In any case in which the provisions of this ------------------- Section 4 6 shall necessitate that the Appraisal Procedure be utilized for purposes of determining an adjustment to the Exercise Price, the Company may defer until the completion of the Appraisal Procedure and the determination of the adjustment (1a) issuing to the holder Holder of any Warrant exercised after the date of the event that requires the adjustment and before completion of the Appraisal Procedure and the determination of the adjustment, the shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such holder Holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustment and (2b) paying to such holder Holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 above; provided, however, that the Company shall deliver to such -------- ------- holder Holder an appropriate instrument or due bills evidencing such holder's Holder’s right to receive such additional shares or such cash.

Appraisal Procedure. In any case in which the provisions of this ------------------- Section Article 4 shall necessitate that the Appraisal Procedure be utilized for purposes of determining an adjustment to the Exercise Price, the Company may defer defer, until the completion of the Appraisal Procedure and the determination of the adjustment adjustment, (1i) issuing to the holder Holder of any Warrant exercised after the date of the event that requires the adjustment and before completion of the Appraisal Procedure and the determination of the adjustment, the shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such holder Holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustment and (2ii) paying to such holder Holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 above; provided, however, that the Company shall deliver to such -------- ------- holder Holder an appropriate instrument or due bills evidencing such holder's Holder’s right to receive such additional shares or such cash.

Appraisal Procedure. In any case in which the provisions of this ------------------- Section 4 shall necessitate that the Appraisal Procedure be utilized for purposes of determining an adjustment to the Exercise Price, the Company may defer until the completion of the Appraisal Procedure and the determination of the adjustment (1) issuing to the holder Holder of any Warrant exercised after the date of the event that requires the adjustment and before completion of the Appraisal Procedure and the determination of the adjustment, the shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such holder Holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustment and (2) paying to such holder Holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 above; provided, however, that the Company shall deliver to such -------- ------- holder Holder an appropriate instrument or due bills evidencing such holderHolder's right to receive such additional shares or such cash.

Appraisal Procedure. In any case in which the provisions of this ------------------- Section 4 shall necessitate that the Appraisal Procedure be utilized for purposes of determining an adjustment to the applicable Per Share Exercise Price, the Company may defer until the completion of the Appraisal Procedure and the determination of the adjustment (1) issuing to the holder Holder of any Warrant exercised after the date of the event that requires the adjustment and before completion of the Appraisal Procedure and the determination of the adjustment, the shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such holder Holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustment and (2) paying to such holder Holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 2.2 above; provided, however, that the Company shall deliver to such -------- ------- holder Holder an appropriate instrument or due bills evidencing such holderHolder's right to receive such additional shares or cash.

Appraisal Procedure. In any case in which the provisions of this ------------------- Section Article 4 shall necessitate that the Appraisal Procedure be utilized for purposes of determining an adjustment to the Exercise Price, the Company may defer defer, until the completion of the Appraisal Procedure and the determination of the adjustment adjustment, (1i) issuing to the holder Holder of any Warrant exercised after the date of the event that requires the adjustment and before completion of the Appraisal Procedure and the determination of the adjustment, the shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such holder the Holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustment and (2ii) paying to such holder the Holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 above; provided, however, that the Company shall deliver to such -------- ------- holder the Holder an appropriate instrument or due bills evidencing such holder's the Holder’s right to receive such additional shares or such cash.

Appraisal Procedure. In any case in which the provisions of this ------------------- Section 4 shall necessitate that the Appraisal Procedure be utilized for purposes of determining an adjustment to the Exercise Price, the Company may defer until the completion of the Appraisal Procedure and the determination of the adjustment (1) issuing to the holder Holder of any Warrant exercised after the date of the event that requires the adjustment and before completion of the Appraisal Procedure and the determination of the adjustment, the shares of capital stock issuable upon such exercise by reason of the adjustment required by such event and issuing to such holder Holder only the shares of capital stock issuable upon such exercise before giving effect to such adjustment and (2) paying to such holder Holder any amount in cash in lieu of a fractional share of capital stock pursuant to Section 2.3 above; provided, however, that the Company shall deliver to such -------- ------- holder an appropriate instrument or due bills evidencing such holder's right to receive such additional shares or cash.