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 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; 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 12 shall require that an adjustment in the Exercise Price Rate 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 equity of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof16; provided provided, however, that the Company shall deliver to such holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such holder’s right 's r▇▇▇▇ to receive such additional Warrant Shares, other capital stock equity 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 Ratio 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 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 Ratio and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof6.02; provided 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 Article IV 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 Holder of any Warrant exercised after such record date the Warrant Shares shares of Common Stock and other shares in the capital stock of the Company, if any, issuable purchasable upon such exercise over and above the Warrant Shares shares of Common Stock and other shares in the capital stock of the Company, if any, issuable purchasable upon such exercise on the basis of the Exercise Price and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereofshare; 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 Sharesshares of Common Stock, other capital stock shares 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 Rate 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 equity of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof12; 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 equity 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 3 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 Holder with respect to any Warrant exercised after such record date the Warrant Shares shares of Common Stock and other shares in the capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares shares of Common Stock and other shares in the 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 hereofshare; provided provided, however, that the Company shall deliver to such holder Holder a due ▇▇▇▇ or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant SharesCommon Stock, other capital stock shares 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 12 shall require that an adjustment in the Exercise Price Rate 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 equity of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock equity of the Company, if any, issuable upon such exercise on the basis of the Exercise Price Rate and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 hereof16; provided provided, however, 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 equity 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 8 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 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 hereof9; provided provided, however, 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 7 shall require that an adjustment in the applicable 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 over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the applicable Exercise Price and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 6.02 8 hereof; 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.