Cashless Exercise. Notwithstanding any provisions herein to the contrary, if # the closing price for a share of Common Stock as reported by the Nasdaq Capital Market, or other Eligible Securities Market, as defined below (“Per Share Closing Price”), is greater than the Exercise Price (at the date of calculation as set forth below) and # a registration statement under the Securities Act providing for the resale of the Warrant Shares has not been declared effective by the Securities and Exchange Commission within 180 days from the date of this Warrant, in lieu of exercising this Warrant by payment of cash, the Holder may exercise this Warrant by a cashless exercise and shall receive the number of shares of Common Stock equal to an amount (as determined below) by surrender of this Warrant at the principal office of together with the properly endorsed Form of Subscription in which event shall issue to the Holder a number of shares of Common Stock computed using the following formula:
Cashless Exercise. Notwithstanding any provisions herein to the contrary,contrary but only during the period provided in , if # the closing price for aPer Share Market Value of one share of Common Stock as reported by the Nasdaq Capital Market, or other Eligible Securities Market, as defined below (“Per Share Closing Price”), is greater than the Exercise Price (at the date of calculation as set forth below) and # a registration statement under the Securities Act of 1933, as amended (the “Act”), providing for the resale of all of the Warrant Shares hasis not been declared effective by the Securities and Exchange Commission within 180 days from the date of this Warrant,then in effect, in lieu of exercising this Warrant by payment of cash, the Holder may exercise this Warrant by a cashless exercise and shall receive the number of shares of Common Stock equal to an amount (as determined below) by surrender of this Warrant at the principal office of the Company together with the properly endorsed Form of SubscriptionExercise Notice in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula:
Cashless Exercise. Notwithstanding any provisionsother provision contained herein or in any other Transaction Document to the contrary, if #at any time prior to the closing priceExpiration Date, Investor may elect a “cashless” exercise of this Warrant for a share of Common Stock as reported by the Nasdaq Capital Market, or other Eligible Securities Market, as defined below (“Per Share Closing Price”), is greater than the Exercise Price (at the date of calculation as set forth below) and # a registration statement under the Securities Act providing for the resale of theany Warrant Shares has not been declared effective by the Securities and Exchange Commission within 180 days from the date of this Warrant, in lieu of exercising this Warrant by payment of cash, the Holder may exercise this Warrant bywhereby Investor shall be entitled to receive a cashless exercise and shall receive the number of shares of Common Stock equal to an amount (as determined below)# the excess of the Current Market Value over the aggregate Exercise Price of the Exercise Shares, divided by surrender of this Warrant at# the principal office of together with the properly endorsed Form of Subscription in which event shall issue to the Holder a number of shares of Common Stock computed using the following formula:Adjusted Price.
Cashless Exercise. Notwithstanding any provisionsother provision contained herein or in any other Transaction Document to the contrary, if #at any time prior to the closing priceExpiration Date, Investor may elect a cashless exercise of this Warrant for a share of Common Stock as reported by the Nasdaq Capital Market, or other Eligible Securities Market, as defined below (“Per Share Closing Price”), is greater than the Exercise Price (at the date of calculation as set forth below) and # a registration statement under the Securities Act providing for the resale of theany Warrant Shares has not been declared effective by the Securities and Exchange Commission within 180 days from the date of this Warrant, in lieu of exercising this Warrant by payment of cash, the Holder may exercise this Warrant bywhereby Investor shall be entitled to receive a cashless exercise and shall receive the number of shares of Common Stock equal to an amount (as determined below)# the excess of the Current Market Value over the aggregate Exercise Price of the Exercise Shares, divided by surrender of this Warrant at# the principal office of together with the properly endorsed Form of Subscription in which event shall issue to the Holder a number of shares of Common Stock computed using the following formula:Adjusted Price.
Cashless Exercise. NotwithstandingIf at the time of any provisions herein to the contrary, if # the closing price for a shareexercise of Common Stock as reported by the Nasdaq Capital Market, or other Eligible Securities Market, as defined below (“Per Share Closing Price”), is greater than the Exercise Price (at the date of calculation as set forth below) and #this Warrant a registration statement under the Securities Act providingis not available for the resaleissuance of the Warrant Shares has not been declared effective byShares, then this Warrant may also be exercised at the SecuritiesHolder’s election, in whole or in part and Exchange Commission within 180 days from the date of this Warrant, in lieu of exercising this Warrantmaking the cash payment otherwise contemplated to be made to the Company upon such exercise, at such time by paymentmeans of cash,a “cashless exercise” in which the Holder may exercise this Warrant by a cashless exercise and shall receive the number of shares of Common Stock equalbe entitled to an amount (as determined below) by surrender of this Warrant at the principal office of together with the properly endorsed Form of Subscription in which event shall issue to the Holderreceive a number of shares of Common Stock computed usingWarrant Shares equal to the following formula:quotient obtained by dividing by (A), where:
Cashless Exercise. NotwithstandingIf at any provisions herein totime after the contrary, if # the closing price for a share of Common Stock as reported by the Nasdaq Capital Market,Initial Exercise Date, there is no effective Registration Statement registering, or other Eligible Securities Market, as defined below (“Per Share Closing Price”), is greater than the Exercise Price (at the date of calculation as set forth below) and # a registration statement under the Securities Act providingno current prospectus available for the resale of the Warrant Shares has not been declared effective by the Securities and Exchange Commission within 180 days from the date of this Warrant, in lieu of exercisingHolder, then this Warrant may also be exercised at the Holder’s election, in whole or in part, at such time by paymentmeans of cash,a “cashless exercise” in which the Holder may exercise this Warrant by a cashless exercise and shall receive the number of shares of Common Stock equalbe entitled to an amount (as determined below) by surrender of this Warrant at the principal office of together with the properly endorsed Form of Subscription in which event shall issue to the Holderreceive a number of shares of Common Stock computed usingWarrant Shares equal to the following formula:quotient obtained by dividing by (A), where:
Cashless Exercise. Notwithstanding any provisions herein toIf the contrary, if # the closing price for aMarket Price of one share of Common Stock as reported by the Nasdaq Capital Market, or other Eligible Securities Market, as defined below (“Per Share Closing Price”), is greater than the Exercise Price (atPrice, then the date of calculation as set forth below) and # a registration statement under the Securities Act providing for the resale of theHolder may elect to receive Warrant Shares has not been declared effective by the Securities and Exchange Commission within 180 days from the date of this Warrant,pursuant to a cashless exercise, in lieu of exercisinga cash exercise, equal to the value of this Warrant by paymentdetermined in the manner described below (or of cash, the Holder may exercise this Warrant by a cashless exercise and shall receive the number of shares of Common Stock equal to an amount (as determined below)any portion thereof remaining unexercised) by surrender of this Warrant at the principal office of together with the properly endorsed Form of Subscriptionand an Exercise Notice, in which event the Company shall issue to the Holder a number of shares of Common Stock computed using the following formula:
Cashless Exercise. NotwithstandingIf at any provisions herein totime after the contrary, if # the closing price for a sharesix month anniversary of Common Stock as reported by the Nasdaq Capital Market, or other Eligible Securities Market, as defined below (“Per Share Closing Price”), is greater than the Exercise Price (at the date of calculation as set forth below) and # a registration statement under the Securities Act providing forPurchase Agreement, there is no effective Registration Statement registering, or no current prospectus available for, the resale of the Warrant Shares has not been declared effective by the Securities and Exchange Commission within 180 days from the date of this Warrant, in lieu of exercisingHolder, then this Warrant may also be exercised, in whole or in part, at such time by paymentmeans of cash,a “cashless exercise” in which the Holder may exercise this Warrant by a cashless exercise and shall receive the number of shares of Common Stock equalbe entitled to an amount (as determined below) by surrender of this Warrant at the principal office of together with the properly endorsed Form of Subscription in which event shall issue to the Holderreceive a number of shares of Common Stock computed usingWarrant Shares equal to the following formula:quotient obtained by dividing by (A), where:
Cashless Exercise. NotwithstandingIf at any provisions herein totime after the contrary, if # the closing price for a share of Common Stock as reported by the Nasdaq Capital Market,Initial Exercise Date, there is no effective Registration Statement registering, or other Eligible Securities Market, as defined below (“Per Share Closing Price”), is greater than the Exercise Price (at the date of calculation as set forth below) and # a registration statement under the Securities Act providingno current prospectus available for the resale of the Warrant Shares has not been declared effective by the Securities and Exchange Commission within 180 days from the date of this Warrant, in lieu of exercisingNew Purchaser, then this Warrant by payment of cash, the Holder may exercise this Warrant by a cashless exercise and shall receive the number of shares of Common Stock equal to an amount (as determined below) by surrender of this Warrantalso be exercised at the principal officeNew Purchaser’s election, in whole or in part, at such time by means of together with the properly endorsed Form of Subscriptiona “cashless exercise” in which event the New Purchaser shall issuebe entitled to the Holderreceive a number of shares of Common Stock computed usingWarrant Shares equal to the following formula:quotient obtained by dividing by (A), where:
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