Common use of When Issuance or Payment May Be Deferred Clause in Contracts

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement; provided that the Company shall deliver to such Holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holder’s right to receive such additional Warrant Shares, other Capital Stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 10 shall require that an adjustment in the Exercise Price number of Warrant Shares issuable upon exercise of one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement11; provided provided, that the Company shall deliver to such Holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Holder’s 's right to receive t▇ ▇▇ceive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 shall require 11 requires that an adjustment in the Exercise Price number of shares of Common Stock issuable upon exercise of each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement12; provided provided, however, that the Company shall deliver to such Holder holder a due ▇b▇▇▇ or other appropriate instrument evidencing such Holderholder’s right to receive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 10 shall require that an adjustment in the Exercise Price number of Warrant Shares issuable upon exercise of one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement11; provided PROVIDED, HOWEVER, that the Company shall deliver to such Holder holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Holder’s holder's right to receive ▇▇▇eive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 10 shall require that an adjustment in the Exercise Price number of Warrant Shares issuable upon exercise of one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement11; provided provided, that the Company shall deliver to such Holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holder’s 's right to receive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 11 shall require that an adjustment in the Exercise Price and Warrant Number be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Warrant Number prior to such adjustment, and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement11; provided PROVIDED, HOWEVER, that the Company shall deliver to such Holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holder’s 's right to receive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 10 shall require that an adjustment in the Exercise Price number of Warrant Shares issuable upon exercise of one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement11; provided provided, however, that the --------- ------- Company shall deliver to such Holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holder’s 's right to receive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 shall require 11 requires that an adjustment in the Exercise Price number of shares of Common Stock issuable upon exercise of each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement12; provided provided, however, that the Company shall deliver to such Holder holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holderholder’s right to receive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 10 shall require that an adjustment in the Exercise Price number of Warrant Shares issuable upon exercise of one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price current number of Warrant Shares issuable upon exercise of one Warrant and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement11; provided provided, however, that the Company shall deliver to such Holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Holder’s 's right to receive ▇▇ ▇eceive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 shall require that an adjustment in the Exercise Price or Cap Price be made effective as of a record date for a specified event, the Company or the Parent may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock of the CompanyCompany or the Parent, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock of the CompanyCompany or the Parent, if any, issuable upon such exercise on the basis of the Exercise Price or Cap Price and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlementhereof; provided that the Company or the Parent shall deliver to such Holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Holder’s right to receive such additional Warrant Shares, other Capital Stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in -------------------------------------------- which this Section 6.01 6 shall require that an adjustment in the Exercise Price be made effective as of or immediately after a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price prior to such adjustment and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement7.8 hereof; provided that the Company shall deliver to such Holder holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Holder’s holder's right to receive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement; provided that the Company shall deliver to such Holder a due ▇b▇▇▇ or other appropriate instrument evidencing such Holder’s right to receive such additional Warrant Shares, other Capital Stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 9 shall require that an adjustment in the Exercise Price and Warrant Number be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Warrant Number prior to such adjustment, and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement12; provided provided, however, that the Company shall deliver to such Holder a due ▇b▇▇▇ or other appropriate instrument evidencing such Holder’s right to receive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 shall require that an adjustment in the Exercise Price be made effective as of a record date for a specified event, the Company Partnership may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares Units and other Capital Stock of the CompanyPartnership, if any, issuable upon such exercise and pursuant to a Net Share Unit Settlement over and above the Warrant Shares Units and other Capital Stock of the CompanyPartnership, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying to such Holder any amount in cash in lieu of a fractional share unit pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement; provided that the Company Partnership shall deliver to such Holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holder’s right to receive such additional Warrant SharesUnits, other Capital Stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 11.2 shall require that an adjustment in the Exercise Price number of shares of Common Stock issuable upon exercise of each Warrant be made effective as of a record date for a specified event, the Company Parent may elect to defer until the occurrence of such event (i) issuing to the Holder holder of any Warrant Certificate exercised after such record date the Warrant Shares and other Capital Stock capital stock of the CompanyParent, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock capital stock of the CompanyParent, if any, issuable upon such exercise on the basis of the Exercise Price number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share purchased pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement11.3; provided provided, however, that the Company Parent shall deliver to such Holder holder a due ▇▇bill ▇▇ or other appropriate instrument evidencing such Holder’s holder's right to receive such additional Warrant Shares, other Capital Stock capital stock and cash upon the occurrence of the event requiring such adjustment.

When Issuance or Payment May Be Deferred. In any case in which this Section 6.01 11 shall require that an adjustment in the Exercise Price number of Ordinary Shares issuable upon exercise of each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder holder of any Warrant exercised after such record date the Warrant Shares and other Capital Stock shares of the share capital of the Company, if any, issuable upon such exercise and pursuant to a Net Share Settlement over and above the Warrant Shares and other Capital Stock shares of the share capital of the Company, if any, issuable upon such exercise on the basis of the Exercise Price number of Ordinary Shares issuable upon exercise of each Warrant and (ii) paying to such Holder holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof or pursuant to a Net Cash Settlement12 hereof; provided provided, however, that the Company shall deliver to such Holder holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holderholder’s right to receive such additional Warrant Shares, other Capital Stock shares of the share capital and cash upon the occurrence of the event requiring such adjustment.