Amendment of Original Warrants Sample Clauses

Amendment of Original Warrants. (a) On the date hereof, the defined term “Exercise Price” set forth in Section 2(b) of the Original Warrants shall be amended to equal $ 0.80 (the “Amended Exercise Price”) (the “Original Warrant Amendment” and together with the Original Warrant, after giving effect to the Original Warrant Amendment, the “Amended Warrant”).
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Amendment of Original Warrants. (a) On the date hereof, the Original Warrants shall be amended by the following amendments (the “Original Warrant Amendments” and, together with together with the Original Warrant after giving effect to the Original Warrant Amendments, the “Amended Warrant”):
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Amendment of Original Warrants. (a) On the date hereof, the reference to “$0.25 per share” in the defined term “Exercise Price” set forth in Section 1(b) of the Original Warrants shall be amended to equal “$0.14 per share, provided that this Warrant is exercised prior to February 28, 2019, otherwise such Exercise Price shall remain $0.25 per share” (the “Amended Exercise Price”).
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Amendment of Original Warrants. Commencing immediately following the Company’s delivery to the Holder of a prospectus supplement to the Prospectus dated February 8, 2019 relating to the terms of this Amendment (the “Prospectus Supplement”) and ending at 9:15 a.m. Eastern Time on January 9, 2020 (the “Modified Exercise Price Term”), the Exercise Price per share for all of the Warrant Shares subject to the Original Warrants will be equal to $0.3495 but only with respect to a cash exercise under Section 2(a) of the Original Warrants (and not pursuant to the cashless exercise procedure specified in Section 2(c) of the Original Warrants). For the avoidance of doubt, with respect to any Warrant Shares that are not purchased pursuant to Holder’s exercise of an Original Warrant under Section 2(a) of such Original Warrant during the Modified Exercise Price Term, the Exercise Price will revert to the Exercise Price set forth in such Original Warrant ($1.20 per share, with respect to the February 2019 Warrants, and $1.25 per share, with respect to the March 2019 Warrants, subject to any further adjustments pursuant to the terms of the Original Warrants) as of the end of the Modified Exercise Price Term.
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Amendment of Original Warrants. Commencing immediately following the Company’s delivery to the Holder of a prospectus supplement to the Prospectus dated October 21, 2019 relating to the terms of this Agreement (the “Prospectus Supplement”), which shall be delivered no later than 5:00 p.m. Eastern Time on the date hereof, and ending at 9:15 a.m. Eastern Time on the next Trading Day following such delivery of the Prospectus Supplement (the “Modified Exercise Price Term”), the Exercise Price per share for the number of Warrant Shares subject to the Original Warrants as listed on Exhibit A will be equal to $0.75 but only with respect to a cash exercise under Section 1(a) of the Original Warrants (and not pursuant to the cashless exercise procedure specified in Section 1(d) of the Original Warrants). In addition, the Maximum Percentage definition under Section 1(f) of the Original Warrants is hereby amended to 9.99%. The Warrant Shares issued upon exercise of the Original Warrants during the Modified Exercise Price Term shall be issued free of all legends. For the avoidance of doubt, with respect to any such Warrant Shares listed on Exhibit A that are not purchased pursuant to Holder’s exercise of an Original Warrant under Section 1(a) of such Original Warrant during the Modified Exercise Price Term, the Exercise Price will revert to the Exercise Price set forth in such Original Warrant ($0.86 per share, subject to any further adjustments pursuant to the terms of the Original Warrants) as of the end of the Modified Exercise Price Term.
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Amendment of Original Warrants 
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Related to Amendment of Original Warrants

  • Additional Warrants The Company may at any time and from time to time issue additional warrants or grant options or similar rights to purchase shares of its capital stock.

  • Termination of Original Agreement Each Party agrees that the Original Agreement is hereby terminated as of the Effective Date and shall be of no further force or effect and, for the avoidance of doubt, no provisions of the Original Agreement survive such termination.

  • Reservation and Issuance of Underlying Securities The Company covenants that it will at all times reserve and keep available out of its authorized and unissued Common Stock solely for the purpose of issuance upon conversion of this Note (including repayments in stock), free from preemptive rights or any other actual contingent purchase rights of persons other than the holders of the Notes, not less than such number of shares of Common Stock as shall (subject to any additional requirements of the Company as to reservation of such shares set forth in the Purchase Agreement) be issuable (taking into account the adjustments under this Section 3 but without regard to any ownership limitations contained herein) upon the conversion of this Note hereunder in Common Stock (including repayments in stock). The Company covenants that all shares of Common Stock that shall be so issuable shall, upon issue, be duly authorized, validly issued, fully paid, nonassessable and freely tradeable.

  • Release of Unsold Securities From time to time prior to the termination of the applicable AAU, at the request of the Manager, you will advise the Manager of the number or amount of Securities remaining unsold which were retained by or released to you for direct sale, and of the number or amount of Securities and Other Securities (as defined below) purchased for your account remaining unsold which were delivered to you pursuant to Article V hereof or pursuant to any Intersyndicate Agreement, and, on the request of the Manager, you will release to the Manager any such Securities and Other Securities remaining unsold: (a) for sale by the Manager to institutions, Dealers, or retail purchasers, (b) for sale by the Issuer or Seller pursuant to delayed delivery contracts, or (c) if, in the Manager’s opinion, such Securities or Other Securities are needed to make delivery against sales made pursuant to Article V hereof or any Intersyndicate Agreement.

  • Issuance of Additional Warrants In connection with the declaration, issuance or consummation of any dividend, spin-off or other distribution or similar transaction by the Company of the capital stock of any of its subsidiaries, the Company shall cause (i) additional warrants of such subsidiary with, subject to clause (ii) below, substantially similar terms as the Warrants, to be issued to the Holder or one or more of its nominees so that after giving effect to such transaction the Warrants and such warrants of such subsidiary each represent the same percentage interest in the fully diluted number of common shares of such entity as the Warrants represented in the Company immediately prior to such transaction, and (ii) (A) the exercise price of the Warrants to be reduced by an amount reasonably acceptable to the Holder and the Company to reflect the value of the capital stock of the subsidiary to be dividended, spun-off or otherwise distributed and (B) the exercise price of the additional warrants of such subsidiary to be fixed in a manner reasonably acceptable to such Holder and the Company to reflect the amount by which the exercise price of the Warrants was reduced pursuant to clause (ii)(A) above, as adjusted to reflect any differences in the fully-diluted number of the shares of common stock of the Company and such subsidiary.

  • Amendment of Existing Warrant Agreement The Company and the Warrant Agent hereby amend the Existing Warrant Agreement as provided in this Section 2, effective as of the Merger Effective Time, and acknowledge and agree that the amendments to the Existing Warrant Agreement set forth in this Section 2 are necessary or desirable and that such amendments do not adversely affect the interests of the registered holders:

  • Fractional Warrants The Warrant Agent shall not be required to effect any registration of transfer or exchange which shall result in the issuance of a warrant certificate or book-entry position for a fraction of a warrant, except as part of the Units.

  • Exclusion of Private Placement Warrants and Working Capital Warrants The Company agrees that the redemption rights provided in this Section 6 shall not apply to the Private Placement Warrants or the Working Capital Warrants if at the time of the redemption such Private Placement Warrants or the Working Capital Warrants continue to be held by the Sponsor or any Permitted Transferees, as applicable. However, once such Private Placement Warrants or Working Capital Warrants are transferred (other than to Permitted Transferees under Section 2.6), the Company may redeem the Private Placement Warrants and the Working Capital Warrants, provided that the criteria for redemption are met, including the opportunity of the holder of such Private Placement Warrants or the Working Capital Warrants to exercise the Private Placement Warrants and the Working Capital Warrants prior to redemption pursuant to Section 6.3. Private Placement Warrants and Working Capital Warrants that are transferred to persons other than Permitted Transferees shall upon such transfer cease to be Private Placement Warrants or Working Capital Warrants and shall become Public Warrants under this Agreement.

  • Replacement of Call Warrants Upon receipt of evidence reasonably satisfactory to the Warrant Agent of the loss, theft, destruction or mutilation of any Call Warrant and, in the case of any such loss, theft or destruction of any Call Warrant, upon delivery of an indemnity bond in such reasonable amount as the Warrant Agent may determine, or, in the case of any such mutilation, upon the surrender of such Call Warrant for cancellation to the Warrant Agent, the Warrant Agent shall execute and deliver, and cause the Trustee, on behalf of the Trust, to execute and deliver, in lieu thereof, a new Call Warrant of like tenor bearing a number not contemporaneously outstanding.

  • Private Warrants and Working Capital Warrants The Warrant Agent shall not register any transfer of Private Warrants or Working Capital Warrants until after the consummation by the Company of an initial Business Combination, except for transfers (i) among the initial stockholders or to the Company’s or the initial stockholders’ members, officers, directors, consultants or their affiliates, (ii) to a holder’s stockholders or members upon the holder’s liquidation, in each case if the holder is an entity, (iii) by bona fide gift to a member of the holder’s immediate family or to a trust, the beneficiary of which is the holder or a member of the holder’s immediate family, in each case for estate planning purposes, (iv) by virtue of the laws of descent and distribution upon death, (v) pursuant to a qualified domestic relations order, (vi) to the Company for no value for cancellation in connection with the consummation of a Business Combination, (vii) in connection with the consummation of a Business Combination at prices no greater than the price at which the Warrants were originally purchased, (viii) in the event of the Company’s liquidation prior to its consummation of an initial Business Combination or (ix) in the event that, subsequent to the consummation of an initial Business Combination, the Company completes a liquidation, merger, capital stock exchange or other similar transaction which results in all of the Company’s stockholders having the right to exchange their Common Stock for cash, securities or other property, in each case (except for clauses (vi), (viii) or (ix) or with the Company’s prior written consent) on the condition that prior to such registration for transfer, the Warrant Agent shall be presented with written documentation pursuant to which each transferee (each, a “Permitted Transferee”) or the trustee or legal guardian for such Permitted Transferee agrees to be bound by the transfer restrictions contained in this Agreement and any other applicable agreement the transferor is bound by.

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