Common use of Delivery of Stock Certificates, etc Clause in Contracts

Delivery of Stock Certificates, etc. As soon as practicable after the exercise of this Warrant in full or in part in accordance herewith the Company, at its expense (including the payment by it of any applicable issue taxes), will cause to be issued in the name of and delivered to the holder hereof, or as such holder (upon payment by such holder of any applicable transfer taxes) may direct, (a) a certificate or certificates, marked with an appropriate legend referring to the terms of this Warrant and any applicable restrictions on such shares imposed by the Federal or any state securities laws, for the number of full shares of the Common Stock (or Other Securities) to which such holder shall be entitled upon such exercise plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash in an amount equal to the same fraction of the Market Price of one full share of the Common Preferred Stock on the business day next preceding the date of such exercise, and (b) in case such exercise is in part only, a new Warrant or Warrants of like tenor, calling in the aggregate on the face or faces thereof for the number of shares of the Common Stock equal (without giving effect to any adjustment therein) to the number of such shares called for on the face of this Warrant minus the number of shares designated by the holder upon such exercise as provided in Section 2.1.

Delivery of Stock Certificates, etc. As soon as practicable Promptly after the each exercise of this Warrant Warrant, in full whole or in part part, and in accordance herewith any event within five Business Days thereafter, the Company, Company at its expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the holder hereof or, subject to Section 8 hereof, or as such holder (upon payment by such holder of any applicable transfer taxes) may direct,: (a) a certificate or certificates, marked with an appropriate legend referring to the terms of this Warrant and any applicable restrictions on such shares imposed by the Federal or any state securities laws, certificates for the number of full duly authorized, validly issued, fully paid and nonassessable shares of the Common Stock (or Other Securities) to which such holder shall be entitled upon such exercise plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash in an amount equal to the same fraction of the Market Price of one full per share of the Common Preferred Stock on the business day Business Day next preceding the date of such exercise, ; and (b) in case such exercise is in part only, a new Warrant or Warrants of like tenor, dated the date hereof and calling in the aggregate on the face or faces thereof for the number of shares of the Common Stock equal (without giving effect to any adjustment thereinthereof) to the number of such shares called for on the face of this Warrant minus the number of such shares designated by the holder upon such exercise as provided in Section 2.11.1 hereof.

Delivery of Stock Certificates, etc. As soon as practicable after the each exercise of this Warrant Warrant, in full whole or in part in accordance herewith the Companypart, Holdings at its expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the holder hereofhereof or, or subject to the provisions of the Stockholders Agreement, as such holder (upon payment by such holder of any applicable transfer taxes) may direct,: (a) a certificate or certificates, marked with an appropriate legend referring to the terms of this Warrant and any applicable restrictions on such shares imposed by the Federal or any state securities laws, certificates for the number of full duly authorized, validly issued, fully paid and nonassessable shares of the Common Stock (or Other Securities) to which such holder shall be entitled upon such exercise plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash in an amount equal to the same fraction of the current Market Price of one full per share of the Common Preferred Stock on the business day next preceding the date of such exercise, ; and (b) in case such exercise is in part only, a new Warrant or Warrants of like tenor, dated the date hereof and calling in the aggregate on the face or faces thereof for the number of shares of the Common Stock equal (without giving effect to any adjustment thereinthereof pursuant to the terms hereof) to the number of such shares called for on the face of this Warrant minus the number of such shares designated by the holder upon such exercise as provided in Section 2.12.1 hereof.

Delivery of Stock Certificates, etc. As soon as practicable Promptly after the proper exercise of this Warrant Warrant, in full whole or in part part, and in accordance herewith any event within three Business Days thereafter (unless such exercise shall be in connection with a public offering of shares of Common Stock (or Other Securities) or in connection with any Transaction or sale of outstanding shares of Common Stock, in which event, at the Companyelection of the holder of this Warrant, concurrently with the effectiveness of such exercise, as provided in Section 1C), the Company at its expense (including the payment by it of any applicable issue stamp or other transfer taxes), ) will cause to be issued in the name of and delivered to the holder hereofhereof or, or subject to Section 8, as such holder (upon payment by such holder of any applicable transfer taxes) may direct, (a1) a certificate or certificates, marked with an appropriate legend referring to the terms of this Warrant and any applicable restrictions on such shares imposed by the Federal or any state securities laws, certificates for the number of full duly authorized, validly issued, fully paid and nonassessable shares of the Common Stock (or Other Securities) to which such holder shall be entitled upon such exercise plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash in an amount equal to the same fraction of the Market Price of one full share of the Common Preferred Stock on the business day next preceding the date of such exercise, and (b2) in case such exercise is in part only, a new Warrant or Warrants of like tenor, calling in specifying the aggregate on the face or faces thereof for of the number of shares of the Common Stock equal (without giving effect to any adjustment therein) to the number of such shares called for specified on the face of this Warrant minus the number of such shares designated by the holder upon for such exercise as provided in Section 2.1.1A.

Delivery of Stock Certificates, etc. As soon as practicable after the exercise of this Warrant Warrant, in full whole or in part part, and in accordance herewith any event within five Business Days thereafter (unless such exercise shall be in connection with an underwritten Public Offering of shares of Common Stock (or Other Securities) subject to this Warrant, in which event concurrently with such exercise), the Company, Company at its expense (including the payment by it of any applicable issue taxes other than transfer taxes), ) will cause to be issued in the name of and delivered to the holder hereofhereof or, or subject to section 8, as such holder (upon payment by such holder of any applicable transfer taxes) may direct, (a) a certificate or certificates, marked with an appropriate legend referring to the terms of this Warrant and any applicable restrictions on such shares imposed by the Federal or any state securities laws, certificates for the number of full duly authorized, validly issued, fully paid and nonassessable shares of the Common Stock (or Other Securities) to which such holder shall be entitled upon such exercise plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash in an amount equal to the same fraction of the Market Price of one full per share of the such Common Preferred Stock (or Other Securities) on the business day Business Day next preceding the date of such exercise, and (b) in case such exercise is in part only, a new Warrant or Warrants of like tenor, calling in the aggregate on the face or faces thereof for the number of shares of the Common Stock equal (without giving effect to any adjustment therein) to the number of such shares called for on the face of this Warrant minus the number of such shares designated by the holder upon such exercise as provided in Section 2.1section 1.1.

Delivery of Stock Certificates, etc. As soon as practicable after the exercise of this Warrant Warrant, in full whole or in part part, pursuant to the terms hereof, and in accordance herewith any event within ten Business Days thereafter (unless such exercise shall be in connection with an underwritten Public Offering of shares of Common Stock (or Other Securities) subject to this Warrant, in which event concurrently with such exercise), the Company, Company at its expense (including the payment by it of any applicable issue taxes other than transfer taxes), ) will cause to be issued in the name of and delivered to the holder hereofhereof or, or subject to section 8, as such holder (upon payment by such holder of any applicable transfer taxes) may direct, (a) a certificate or certificates, marked with an appropriate legend referring to the terms of this Warrant and any applicable restrictions on such shares imposed by the Federal or any state securities laws, certificates for the number of full duly authorized, validly issued, fully paid and nonassessable shares of the Common Stock (or Other Securities) to which such holder shall be entitled upon such exercise plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash in an amount equal to the same fraction of the Market Price of one full per share of the such Common Preferred Stock (or Other Securities) on the business day Business Day next preceding the date of such exercise, and (b) in case such exercise is in part only, a new Warrant or Warrants of like tenor, calling in the aggregate on the face or faces thereof for the number of shares of the Common Stock equal (without giving effect to any adjustment therein) to the number of such shares called for on the face of this Warrant minus the number of such shares designated by the holder upon such exercise as provided in Section 2.1section 1.1.

Delivery of Stock Certificates, etc. As soon as practicable after the each exercise of this Warrant A, in full whole or in part part, and in accordance herewith any event within five Business Days thereafter, the Company, Company at its expense (including the payment by it of any applicable issue taxes), ) will cause direct the Company's transfer agent to be issued issue and deliver in the name of and delivered to the holder hereof or, subject to Section 13 hereof, or as such holder (upon payment by such holder of any applicable transfer taxes) may direct,: (a) a certificate or certificates, marked with an appropriate legend referring to the terms of this Warrant and any applicable restrictions on such shares imposed by the Federal or any state securities laws, certificates for the number of full duly authorized, validly issued, fully paid and nonassessable shares of the Common Stock (or Other Securities) to which such holder shall be entitled upon such exercise plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash in an amount equal to the same fraction of the Market Price of one full per share of the Common Preferred Stock on the business day Business Day next preceding the date of such exercise, ; and (b) in case such exercise is in part only, a new Warrant or Warrants of like tenor, dated the date hereof and calling in the aggregate on the face or faces thereof for the number of shares of the Common Stock equal (without giving effect to any adjustment thereinthereof) to the number of such shares called for on the face of this Warrant minus the number of such shares designated by the holder upon such exercise as provided in Section 2.11.1 hereof.

Delivery of Stock Certificates, etc. As soon as practicable after the each exercise of this Warrant Warrant, in full whole or in part part, and in accordance herewith the Companyany event within ten (10) Business Days thereafter, Holdings at its sole expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the holder hereof or, subject to Section 11 hereof, or as such holder (upon payment by such holder of any applicable transfer taxes) may direct,: (a) a certificate or certificates, marked with an appropriate legend referring to the terms of this Warrant and any applicable restrictions on such shares imposed by the Federal or any state securities laws, certificates for the number of full duly authorized, validly issued, fully paid and nonassessable shares of the Common Stock (or Other Securities) to which such holder shall be entitled upon such exercise plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash in an amount equal to the same fraction of the Market Price of one full per share of the Common Preferred Stock on the business day Business Day next preceding the date of such exercise, ; and (b) in case such exercise is in part only, a new Warrant or Warrants of like tenor, dated the date hereof and calling in the aggregate on the face or faces thereof for the number of shares of the Common Stock equal (without giving effect to any adjustment thereinthereof) to the number of such shares called for on the face of this Warrant minus the number of such shares designated by the holder upon such exercise as provided in Section 2.11.1 hereof.

Delivery of Stock Certificates, etc. As soon as practicable after the each exercise of this Warrant Warrant, in full whole or in part part, and in accordance herewith any event within five Business Days thereafter, the Company, Company at its expense (including the payment by it of any applicable issue taxes), ) will cause to be issued in the name of and delivered to the holder hereofhereof or, or subject to Section 6, as such holder (upon payment by such holder of any applicable transfer taxes) may direct, (a) a certificate or certificates, marked with an appropriate legend referring to the terms of this Warrant and any applicable restrictions on such shares imposed by the Federal or any state securities laws, certificates for the number of full duly authorized, validly issued, fully paid and nonassessable shares of the Common Stock (or Other Securities) to which such holder shall be entitled upon such exercise plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash in an amount equal to the same fraction of the Market Price of one full per share of the Common Preferred Stock on the business day Business Day next preceding the date of such exercise, and (b) in case such exercise is in part only, a new Warrant or Warrants of like tenor, calling in the aggregate on the face or faces thereof for the number of shares of the Common Stock equal (without giving effect to any adjustment thereinthereof) to the number of such shares called for on the face of this Warrant minus the number of such shares of Common Stock designated by the holder upon such exercise as provided in Section 2.11.1.

Delivery of Stock Certificates, etc. As soon as practicable ----------------------------------- after the exercise of this Warrant Warrant, in full whole or in part part, and in accordance herewith any event within five (5) Business Days thereafter, the Company, Company at its expense (including the payment by it of any applicable issue issuance taxes), ) will cause to be issued in the name of and delivered to the holder hereofhereof or, or subject to Section 6, as such holder (upon payment by such holder of any applicable transfer taxes) may direct, (a) a certificate or certificates, marked with an appropriate legend referring to the terms of this Warrant and any applicable restrictions on such shares imposed by the Federal or any state securities laws, certificates for the number of full duly authorized, validly issued, fully paid and nonassessable shares of the Class A Common Stock (or Other Securities) to which such holder shall be entitled upon such exercise plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash in an amount equal to the same fraction of the Market Price of one full per share of the Common Preferred Stock on the business day Business Day next preceding the date of such exercise, and (b) in case such exercise is in part only, a new Warrant or Warrants of like tenor, calling in the aggregate on the face or faces thereof for issuance of the number of shares of the Class A Common Stock equal (without giving effect to any adjustment therein) to the number of such shares called for on the face of this Warrant minus the number of such shares so designated by the such holder upon such exercise as provided in Section 2.11.1.