Common use of Payment in Common Stock Clause in Contracts

Payment in Common Stock. In the event of a Change of Control of the ----------------------- type described in clause (A) of the definition of Change of Control, at the election of the Company all or any portion of such purchase price may be paid in Common Stock (valued as set forth in Exhibit A), provided the Company has ensured that the Common Stock paid in exchange for this Warrant (including any securities issued in respect of such Common Stock in the Change of Control) shall be freely tradable on a national stock exchange or the Nasdaq National Market by the holder pursuant to an effective registration statement under the Securities Act, or pursuant to Rule 144 or Rule 145 under the Securities Act without volume restrictions under applicable securities laws or under contract. Except as set forth in the foregoing sentence, the Company may pay the purchase price for the exchange of this warrant in Common Stock only with the written consent of the holder hereof.