Common use of Form of Payment of Exercise Price Clause in Contracts

Form of Payment of Exercise Price. Anything contained herein to the --------------------------------- contrary notwithstanding, at the option of the Warrantholders, the Exercise Price may be paid in any one or a combination of the following forms: (a) by wire transfer to the Company, (b) by the Warrantholders' cashier's or bank check to the Company, (c) by the cancellation of any indebtedness owed by the Company and/or any subsidiaries of the Company to the Warrantholders, but only to the extent such indebtedness represents (i) amounts drawn down by the Company under the Revolving Credit Agreement (including accrued interest), (ii) all or a portion of the Debt Financing Fee or the Retainer payable by the Company to the Warrantholders; or (iii) all or a portion of the Warrantholders' legal fees for documentation of the Revolving Credit Agreement payable by the Company to the Warrantholders, and/or (d) by the surrender to the Company of Warrants, Warrant Shares, Common Stock and/or other securities of the Company and/or any subsidiaries of the Company having a Fair Value equal to the Exercise Price.