Common use of Exercise Prior to Expiration Clause in Contracts

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Applicable Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(b) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Applicable Stock upon such expiration shall be determined pursuant to Section 3(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10(b), the Company agrees co promptly notify the Holder of the number of Shares, if any, the Holder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant Agreement is not previously exercised as to all of the Shares Series C Preferred Stock subject hereto, and if the fair market value of one share of the Applicable Series C Preferred Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised pursuant to Section 3(b4(a) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Applicable Series C Preferred Stock upon such expiration shall be determined pursuant to Section 3(b4(a). To the extent this Warrant Agreement or any portion thereof is deemed automatically exercised pursuant to this Section 10(b4(b), the Company agrees co to promptly notify the Holder Warrantholder of the number of Sharesshares of Series C Preferred Stock, if any, the Holder Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant Agreement is not previously exercised as to all of the Shares Series A Preferred Stock subject hereto, and if the fair market value of one share of the Applicable Series A Preferred Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised pursuant to Section 3(b4(a) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Applicable Series A Preferred Stock upon such expiration shall be determined pursuant to Section 3(b)4(a) of this Agreement. To the extent this Warrant Agreement or any portion thereof is deemed automatically exercised pursuant to this Section 10(b4(b), the Company agrees co to promptly notify the Holder Warrantholder of the number of Sharesshares of Series A Preferred Stock, if any, the Holder Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant Agreement is not previously exercised as to all of the Shares Preferred Stock subject hereto, and if the fair market value of one share of the Applicable Preferred Stock is greater than the Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised pursuant to Section 3(b3(a) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Applicable Preferred Stock upon such expiration shall be determined pursuant to Section 3(b3(a). To the extent this Warrant Agreement or any portion thereof is deemed automatically exercised pursuant to this Section 10(b3(b), the Company agrees co to promptly notify the Holder Warrantholder of the number of Sharesshares of Preferred Stock, if any, the Holder Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares Preferred Stock subject hereto, and if the fair market value of one share of the Applicable Preferred Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(b3(a) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Applicable Preferred Stock upon such expiration shall be determined pursuant to Section 3(b)3(a) above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10(b3(b), the Company agrees co to promptly notify the Holder Warrantholder of the number of Sharesshares of Preferred Stock, if any, the Holder Warrantholder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is ----------------------------- not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Applicable Common Stock is greater than the Exercise Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(b) 10.3 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Applicable Stock Series Preferred upon such expiration shall be determined pursuant to Section 3(b10.3(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10(b)10.4, the Company agrees co to promptly notify the Holder holder hereof of the number of Shares, if any, the Holder holder hereof is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Applicable Series Preferred Stock is greater than the Exercise Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(b) 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Applicable Series Preferred Stock upon such expiration shall be determined pursuant to Section 3(b10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10(b)10.3, the Company agrees co to promptly notify the Holder holder hereof of the number of Shares, if any, the Holder holder hereof is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Applicable Stock Series Preferred is greater than the Exercise Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(b) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Applicable Stock Series Preferred upon such expiration shall be determined pursuant to Section 3(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10(bl0(b), the Company agrees co to promptly notify the Holder of the number of Shares, if any, the Holder is to receive by reason of such automatic exercise.

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares Preferred Stock subject hereto, and if the fair market value of one share of the Applicable Preferred Stock is greater than the Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 3(b3(a) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Applicable Preferred Stock upon such expiration shall be determined pursuant to Section 3(b)3(a) above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10(b3(b), the Company agrees co to promptly notify the Holder Warrantholder of the number of SharesPreferred Stock, if any, the Holder Warrantholder is to receive by reason of such automatic exercise.