Common use of No Fractional Exercise Clause in Contracts

No Fractional Exercise. A registered holder may exercise a Warrant from time to time only for whole shares of Common Stock. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of a Warrant. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such exercise, the Company shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price or round up to the next whole share. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the holder of this Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such registered holder. If fewer than all the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the Depository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise.

No Fractional Exercise. A registered holder Warrants may exercise a be exercised only in whole numbers of Warrant from time to time only for whole shares of Common StockShares. No fractional shares or scrip representing fractional shares shall Warrant Shares are to be issued upon the exercise of a the Warrant. As to any fraction If, upon the exercise of Warrants, a share which the Holder would otherwise be entitled to purchase receive a fractional interest in a Warrant Share any right to a fractional Warrant Share will be automatically terminated without consideration to Holder and the Company will, upon such exercise, the Company shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price or round up down to the next nearest whole sharenumber the number of Warrant Shares to be issued to Holder. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the holder Holder of this such Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such registered holderRegistered Holder. If fewer than all the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the DepositoryDepositary, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise.

No Fractional Exercise. A registered holder Warrants may only be exercised in multiples of 10 such that a whole number of Warrant Shares is issuable upon exercise; provided, however, that a Holder holding less than 10 Warrants but at least five Warrants may request the exercise a of all of its remaining Warrants (the “Remaining Warrants”). In such case, the number of Warrant from time Shares to time only for whole shares of Common Stock. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of a Warrant. As to any fraction of a share which the Holder would otherwise such Remaining Warrants shall be entitled to purchase upon such exercise, the Company shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price or round rounded up to the next whole shareone Warrant Share. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the holder of this Warrant Certificate Holder at the address specified on the books of the Warrant Agent or as otherwise specified by such registered holderHolder. If fewer than all of the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the Depository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise.” 3. Amendment to Section 3.3.7

No Fractional Exercise. A registered holder may exercise a Warrant from time to time only for whole shares of Common Stock. No fractional shares or scrip representing fractional shares Warrant Shares shall be issued upon the exercise of a any Warrant. As to any fraction of a share Warrant Share which the Holder registered holder would otherwise be entitled to purchase upon such exercise, the Company shall, at its election, either (i) pay a cash adjustment in respect of such final fraction in the holder an amount in cash equal to such fraction the fractional amount multiplied by the Exercise difference between (A) the VWAP of the common stock on the Trading Day immediately preceding the date on which the registered holder elects to exercise the Warrant and (B) the Warrant Price of the Warrant, as it may have been adjusted hereunder or (ii) round up such fraction to the next nearest whole share. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the registered holder of this Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such registered holder. If fewer than all of the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the Depository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise. All fractional Warrant shares due to a holder by reason of the exercise of multiple Warrants at the same time shall be aggregated into whole Warrant Shares prior to the application of the provisions of this Section 3.3.7.

No Fractional Exercise. A registered holder Warrants may exercise a be exercised only in whole numbers of Warrant from time to time only for whole shares of Common StockShares. No fractional shares or scrip representing fractional shares shall Warrant Shares are to be issued upon the exercise of a the Warrant. As to any fraction of a share which the Holder holder would otherwise be entitled to purchase upon such exercise, the Company shall, at its election, either (a) pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price or (b) round up down to the next whole shareshare if such fraction is less than one-half. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the holder of this Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such registered holder. If fewer than all the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the Depository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise.

No Fractional Exercise. A registered holder Warrants may only be exercised in multiples of 250 such that a whole number of Warrant Shares is issuable upon exercise; provided, however, that a Holder holding less than 250 Warrants but at least 125 Warrants may request the exercise a of all of its remaining Warrants (the “Remaining Warrants”). In such case, the number of Warrant from time Shares to time only for whole shares of Common Stock. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of a Warrant. As to any fraction of a share which the Holder would otherwise such Remaining Warrants shall be entitled to purchase upon such exercise, the Company shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price or round rounded up to the next whole shareone Warrant Share. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the holder of this Warrant Certificate Holder at the address specified on the books of the Warrant Agent or as otherwise specified by such registered holderHolder. If fewer than all of the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the Depository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise.”

No Fractional Exercise. A registered holder may exercise a Warrant from time to time only for whole shares of Common Stock. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of a Warrant. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such exercise, the Company shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price or round up to the next whole share. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the holder of this Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such registered holder. If fewer than all the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to the records maintained by the Depository, its nominee for each Book-Entry Warrant Certificate, or a Participant, as appropriate, evidencing the balance of the Warrants remaining after such exercise. - .

No Fractional Exercise. A registered holder Warrants may exercise a be exercised only in whole numbers of Warrant from time to time only for whole shares of Common StockShares. No fractional shares or scrip representing fractional shares shall Warrant Shares are to be issued upon the exercise of a the Warrant. As , but rather the number of Warrant Shares to any fraction of a share which the Holder would otherwise be entitled to purchase upon such exerciseissued shall be rounded up or down, the Company shallas applicable, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price or round up to the next nearest whole sharenumber, with 0.5 rounded down. If fewer than all of the Warrants evidenced by a Warrant Certificate are exercised, a new Warrant Certificate for the number of unexercised Warrants remaining shall be executed by the Company and countersigned by the Warrant Agent as provided in Section 2 of this Warrant Agreement, and delivered to the holder of this Warrant Certificate at the address specified on the books of the Warrant Agent or as otherwise specified by such registered holder. If fewer than all the Warrants evidenced by a Book-Entry Warrant Certificate are exercised, a notation shall be made to new Warrant Certificate substantially in the records maintained by the Depository, its nominee for each Book-Entry form attached hereto as Exhibit A (any such new Warrant Certificate, or a Participant, as appropriate“New Warrant Certificate”), evidencing the balance portion of the Warrant Certificate remaining un-exercised shall be issued to the registered holder of the Warrants. The delivery of the New Warrant Certificate by the Company to the registered holder of the Warrants remaining after such exercise.shall be deemed to constitute acceptance of all of the rights and obligations of a holder of a Warrant Certificate