Common use of Fractional Shares of Common Stock Clause in Contracts

Fractional Shares of Common Stock. The Company shall not issue fractions of shares of Common Stock upon exercise of Warrants or distribute stock certificates which evidence fractional shares of Common Stock. Whenever any fraction of a share of Common Stock would otherwise be required to be issued or distributed, the actual issuance or distribution in respect thereof shall be made in accordance with Section 2(d)(v) of the Warrant Certificate.

Appears in 2 contracts

Samples: Warrant Agency Agreement (First Wave BioPharma, Inc.), Warrant Agency Agreement (First Wave BioPharma, Inc.)

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Fractional Shares of Common Stock. The Company shall may, but will --------------------------------- not be required to, issue fractions of shares of Common Stock upon exercise or to distribute shares of Warrants or distribute stock Common Stock certificates which evidence fractions of shares upon the exercise of the Warrants; provided, however, that in lieu of fractional shares of Common Stock. Whenever any Stock the Company shall make a cash payment thereof for equal in amount to the product of the applicable fraction multiplied by the current market price of a share shares of the Company's Common Stock would otherwise be required to be issued or distributed, the actual issuance or distribution then in respect thereof shall be made in accordance with Section 2(d)(v) of the Warrant Certificateeffect.

Appears in 2 contracts

Samples: Warrant Agreement (Mercator Software Inc), Warrant Agreement (Mercator Software Inc)

Fractional Shares of Common Stock. The Company shall may, but will not be required to, issue fractions of fractional shares of Common Stock upon exercise or to distribute shares of Warrants or distribute stock Common Stock certificates which evidence fractions of shares upon the exercise of the Warrants; provided, however, that in lieu of issuance of fractional shares of Common Stock. Whenever any fraction of Stock the Company may make a share of Common Stock would otherwise be required cash payment equal in amount to be issued or distributed, the actual issuance or distribution in respect thereof shall be made in accordance with Section 2(d)(v) product of the Warrant Certificateapplicable fraction multiplied by the then current market price of shares of the Company’s Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Mercator Software Inc)

Fractional Shares of Common Stock. The Following the occurrence of a Triggering Event, the Company shall not be required to issue fractions of shares of Common Stock upon exercise of Warrants the Rights or to distribute stock certificates which evidence fractional shares of Common Stock. Whenever any In lieu of fractional shares of Common Stock, the Company may pay to the registered holders of Rights Certificates at the time such Rights are exercised as herein provided an amount in cash equal to the same fraction of a the current market value of one (1) share of Common Stock would otherwise be required to be issued or distributedStock. For purposes of this Section 14(c), the actual issuance or distribution in respect thereof shall be made in accordance with Section 2(d)(v) current market value of the Warrant Certificate.one share of

Appears in 1 contract

Samples: Rights Agreement (Comstock Resources Inc)

Fractional Shares of Common Stock. The Following the occurrence of a Triggering Event, the Company shall not be required to issue fractions of shares of Common Stock upon exercise of Warrants the Rights or to distribute stock certificates which evidence fractional shares of Common Stock. Whenever any In lieu of fractional shares of Common Stock, the Company may pay to the registered holders of Rights Certificates at the time such Rights are exercised as herein provided an amount in cash equal to the same fraction of a share of Common Stock would otherwise be required to be issued or distributed, the actual issuance or distribution in respect thereof shall be made in accordance with Section 2(d)(v) of the Warrant Certificate.current market value of

Appears in 1 contract

Samples: Rights Agreement (Cellstar Corp)

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Fractional Shares of Common Stock. The Company shall may, but will --------------------------------- not be required to, issue fractions of shares of Common Stock upon exercise or to distribute shares of Warrants or distribute stock Common Stock certificates which evidence fractions of shares upon the exercise of the Warrants; provided, however, that in lieu of fractional shares of Common Stock. Whenever any fraction of Stock the Company shall make a share of Common Stock would otherwise be required cash payment therefor equal in amount to be issued or distributed, the actual issuance or distribution in respect thereof shall be made in accordance with Section 2(d)(v) product of the Warrant Certificateapplicable fraction multiplied by the current Market Price as defined in Section 13(c) below of shares of the Company's Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Mercator Software Inc)

Fractional Shares of Common Stock. The Company shall will not issue fractions of shares of Common Stock upon exercise of Warrants or distribute stock Common Stock certificates which evidence fractions of shares upon the exercise of the Warrants; in lieu of fractional shares of Common Stock. Whenever any fraction of Stock the Company shall make a share of Common Stock would otherwise be required cash payment therefor equal in amount to be issued or distributed, the actual issuance or distribution in respect thereof shall be made in accordance with Section 2(d)(v) product of the Warrant Certificateapplicable fraction multiplied by the fair value (as determined by the Board of Directors of the Company, determined in good faith) as of the date such fractional shares would have been issued.

Appears in 1 contract

Samples: Warrant Agreement and Form of Warrant (Flag Financial Corp)

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