Common use of Net Issuance Right Clause in Contracts

Net Issuance Right. In lieu of delivering a Notice of Cash Exercise as set forth in Section 1.1, the Holder may elect to receive Warrant Shares equal to the value of this Warrant (or the portion thereof being exercised) by surrender of this Warrant to the Company together with the Notice of Net Issuance Exercise attached as Exhibit B (“Notice of Net Issuance Exercise”) duly executed by the Holder (any such exercise, a “Net Issuance Exercise”), in which event the Company shall issue to the Holder a number of Warrant Shares computed using the following formula (provided that any Warrant Shares issued pursuant hereto shall be on the basis that the Company has received consideration at least equal to the par value of any such shares issued): X = (A - B) x C where: X = the number of Warrant Shares issuable upon Net Issuance Exercise A = the Fair Market Value of one Warrant Share on the date of Net Issuance Exercise B = the Exercise Price C = the number of vested Warrant Shares as to which the Holder elects to exercise

Net Issuance Right. In lieu of delivering a Notice of Cash Exercise as set forth in exercising this Warrant for cash pursuant to Section 1.1, the Holder may elect to receive Warrant Shares equal to the value of this Warrant (or the portion thereof being exercised) by surrender of this Warrant to the Company for cancellation together with the Notice of Net Issuance Exercise attached as Exhibit B (“Notice A and the Deed of Net Issuance Exercise”) Adherence, each duly executed by the Holder (any such exercise, a “Net Issuance Exercise”)Holder, in which event the Company shall issue become the debtor of the Holder for an amount (the “Capitalized Debt”) equal to the Holder a number of Warrant Shares computed amount determined using the following formula (provided that any Warrant Shares issued pursuant hereto shall be on the basis that the Company has received consideration at least equal to the par value of any such shares issued): formula: Y = X = (A - B) x C × B where: Y = the Capitalized Debt; X = the number of Warrant Shares issuable upon Net Issuance Exercise to be issued to the Holder in accordance with this Section 1.2, as determined using the following formula: (A - B) × C where: A = the Fair Market Value of one Warrant Share on the date of Net Issuance Exercise net issuance exercise; B = the Exercise Price (as adjusted to the date of such calculation pursuant to Section 4, if applicable); and C = the number of vested Warrant Shares issuable under this Warrant or, if only a portion of this Warrant is being exercised, the number of Warrant Shares as to which the Holder elects to exerciseexercise this Warrant.