Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to the nearest whole Warrant (rounded down).
Appears in 161 contracts
Samples: Warrant Agency Agreement (Tivic Health Systems, Inc.), Warrant Agency Agreement (Inhibikase Therapeutics, Inc.), Warrant Agency Agreement (Tivic Health Systems, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to the nearest whole Warrant (rounded downup).
Appears in 50 contracts
Samples: Warrant Agency Agreement (Aqua Metals, Inc.), Warrant Agency Agreement (FibroBiologics, Inc.), Warrant Agency Agreement (ClearSign Technologies Corp)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute a Global Warrant or Warrant Certificates which that evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction either up or down to the nearest whole Warrant (rounded down)Warrant.
Appears in 32 contracts
Samples: Warrant Agency Agreement (Sintx Technologies, Inc.), Warrant Agency Agreement (Sintx Technologies, Inc.), Warrant Agency Agreement (Sintx Technologies, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute a Global Warrant or Warrant Certificates which that evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction down to the nearest whole Warrant (rounded down)Warrant.
Appears in 23 contracts
Samples: Warrant Agency Agreement (U.S. GoldMining Inc.), Warrant Agency Agreement (Windtree Therapeutics Inc /De/), Warrant Agency Agreement (Windtree Therapeutics Inc /De/)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding down of such fraction to the nearest whole Warrant (rounded down)Warrant.
Appears in 17 contracts
Samples: Warrant Agency Agreement (Bio-Path Holdings Inc), Warrant Agency Agreement (TheRealReal, Inc.), Warrant Agency Agreement (Tenax Therapeutics, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional WarrantsShares. Whenever any fractional fraction of Warrant Shares would otherwise be required to be issued or distributed, (i) a cash adjustment shall be paid in respect of such fraction in an amount equal to such fraction multiplied by the Exercise Price, or (ii) the actual issuance or distribution made shall reflect a rounding of such fraction to the nearest whole Warrant share (rounded up or down), with half shares or less being rounded down and fractions in excess of half of a share being rounded up.
Appears in 16 contracts
Samples: Warrant Agreement (Capital Senior Living Corp), Investment Agreement (Capital Senior Living Corp), Warrant Agreement (Bluerock Residential Growth REIT, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to the nearest whole Warrant (rounded up or down), with half Warrants or less being rounded down and fractions in excess of a half of a Warrant being rounded up.
Appears in 11 contracts
Samples: Warrant Agency Agreement (ARCA Biopharma, Inc.), Warrant Agency Agreement (T3 Motion, Inc.), Warrant Agreement (Thunder Mountain Gold Inc)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding up of such fraction to the nearest whole Warrant (rounded down)Warrant.
Appears in 10 contracts
Samples: Warrant Agency Agreement (Novo Integrated Sciences, Inc.), Warrant Agency Agreement (Novo Integrated Sciences, Inc.), Warrant Agency Agreement (Novo Integrated Sciences, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction either up or down to the nearest whole Warrant (rounded down)Warrant.
Appears in 9 contracts
Samples: Warrant Agency Agreement (Modular Medical, Inc.), Warrant Agency Agreement (Palisade Bio, Inc.), Warrant Agency Agreement (Palisade Bio, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction down to the nearest whole Warrant (rounded down)Warrant.
Appears in 4 contracts
Samples: Series a Warrant Agreement (Repros Therapeutics Inc.), Series B Warrant Agreement (Repros Therapeutics Inc.), Series B Warrant Agreement (Repros Therapeutics Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Pre-Funded Warrants or distribute a Global Warrant or Warrant Certificates which that evidence fractional Pre-Funded Warrants. Whenever any fractional Pre-Funded Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction either up or down to the nearest whole Warrant (rounded down)Pre-Funded Warrant.
Appears in 4 contracts
Samples: Warrant Agency Agreement (Ascent Solar Technologies, Inc.), Warrant Agency Agreement (Arch Therapeutics, Inc.), Warrant Agency Agreement (Ascent Solar Technologies, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to the nearest whole Warrant (rounded downto the nearest whole share).
Appears in 4 contracts
Samples: Warrant Agency Agreement (NeuroBo Pharmaceuticals, Inc.), Warrant Agency Agreement (NeuroBo Pharmaceuticals, Inc.), Warrant Agency Agreement (Nuwellis, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants representing fractional shares or distribute a Global Warrant Certificates which evidence or Warrant Certificate that evidences fractional Warrantsshares. Whenever any Warrant representing fractional Warrant shares would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to in accordance with Section 2(d)(v) of the nearest whole Warrant (rounded down)Warrant.
Appears in 4 contracts
Samples: Warrant Agency Agreement (Biolase, Inc), Warrant Agency Agreement (Biolase, Inc), Warrant Agency Agreement (Inpixon)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Common Warrants or distribute a Global Warrant or Warrant Certificates which that evidence fractional Common Warrants. Whenever any fractional Common Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction either up or down to the nearest whole Warrant (rounded down)Common Warrant.
Appears in 4 contracts
Samples: Warrant Agency Agreement (Ascent Solar Technologies, Inc.), Warrant Agency Agreement (Arch Therapeutics, Inc.), Warrant Agency Agreement (Ascent Solar Technologies, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants representing fractional shares or distribute a Global Warrant Certificates which evidence or Warrant Certificate that evidences fractional Warrantsshares. Whenever any Warrant representing fractional Warrant shares would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to in accordance with Section 2(d)(iv) of the nearest whole Warrant (rounded down)Warrant.
Appears in 3 contracts
Samples: Warrant Agency Agreement (Fresh Vine Wine, Inc.), Warrant Agency Agreement (Navidea Biopharmaceuticals, Inc.), Warrant Agency Agreement (Navidea Biopharmaceuticals, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Pre-Funded Warrants or distribute Warrant Certificates which evidence fractional Pre-Funded Warrants. Whenever any fractional Pre-Funded Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to the nearest whole Pre-Funded Warrant (rounded down).
Appears in 2 contracts
Samples: Warrant Agency Agreement (Nxu, Inc.), Warrant Agency Agreement (Digital Brands Group, Inc.)
Fractional Shares of Common Stock. (a) The Company may, but shall not be required to, issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any In lieu of such fractional warrants, there shall be paid to the persons to whom Warrant Certificates representing such fractional Warrants would otherwise be required issuable an amount in cash (without interest) equal to be issued or distributed, the actual issuance or distribution shall reflect a rounding product of such fraction of a Warrant multiplied by the Current Market Price per share of Common Stock issuable with respect to the nearest whole Warrant (rounded down)such fraction of a Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Northwestern Corp), Warrant Agreement (Penn Traffic Co)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to the nearest whole Warrant (rounded up or down), with fractions of half of a Warrant or less being rounded down and fractions in excess of a half of a Warrant being rounded up.
Appears in 2 contracts
Samples: Warrant Agreement (Converted Organics Inc.), Warrant Agreement (Converted Organics Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or Pre-Funded Warrants or distribute a Global Warrant or Warrant Certificates which that evidence fractional Warrants or Pre-Funded Warrants. Whenever any fractional Warrant or Pre-Funded Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction either up or down to the nearest whole Warrant (rounded down)or Pre-Funded Warrant.
Appears in 1 contract
Samples: Warrant Agency Agreement (Ra Medical Systems, Inc.)
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Prefunded Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Prefunded Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to the nearest whole Prefunded Warrant (rounded downup).
Appears in 1 contract
Fractional Shares of Common Stock. (a) The a)The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to the nearest whole Warrant (rounded downup).
Appears in 1 contract
Fractional Shares of Common Stock. (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates or Pre-Funded Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to the nearest whole Warrant (rounded down).
Appears in 1 contract
Samples: Warrant Agency Agreement (Esports Entertainment Group, Inc.)
