Amendment of the Warrant. Contemporaneous with the execution and delivery of this Agreement by all of the parties hereto, (i) SB Bio shall deliver to Antex the original Warrant and (ii) Antex shall deliver to SB Bio a duly executed Amended and Restated Warrant in the form of Exhibit C attached hereto.
Amendment of the Warrant. The Warrant is hereby amended as follows:
(a) Section 9(a) is amended and restated in its entirety to read as follows: “This Warrant shall be exercisable on or after April 20, 2005.”
(b) The total number of Shares issuable upon exercise of this Warrant shall be Seven Thousand Four Hundred and Eight (7,408) Shares.
Amendment of the Warrant. The parties hereto agree to amend the terms of the Warrant as follows:
(a) Section 5(a) of the Warrant shall be amended by inserting the parenthetical "(including the maximum number of shares of Common Stock issuable in respect of any securities convertible into Common Stock)" immediately after the phrase "prior to such event" in the fourth line following clause (iii).
(b) Section 5(b) of the Warrant shall be amended by adding the following at the end of Section 5(b) before the ".": "; provided, however, that no such adjustment in the Warrant Exercise Price shall be made upon the issuance of shares of Common Stock pursuant to (i) options, warrants, convertible securities and other rights to acquire shares listed on Schedule 1 to that certain Amendment Agreement dated May 10, 1996 by and between Xxxxx, the Company, Eagle Plastics, Inc., Pacific Plastics, Inc. and Arrow Pacific Plastics, Inc. or (ii) the conversion or exercise into shares, and related issuance, of Common Stock pursuant to any warrant, option or other right to acquire shares of Common Stock that, upon the issuance of such warrant, option or other right did not require an adjustment to the Warrant Exercise Price pursuant hereto."
Amendment of the Warrant. The Warrant is hereby amended as follows:
(a) The number of shares of Common Stock that GE Capital is entitled to purchase, at a purchase price of $0.01 per share, pursuant to the terms of the Warrant is reduced from 10,670,000 to 7,500,000, and each and every reference to 10,670,000 is hereby deleted in its entirety and replaced with 7,500,000.
(b) The definition of "Earnings per Share" in Section 1 of the Warrant is hereby deleted in its entirety.
(c) The definition of "Qualified Secondary Offering" in Section 1 of the Warrant is hereby deleted in its entirety.
Amendment of the Warrant. Solazyme and Bunge hereby amend the terms of the Warrant as provided below. To the extent that the Warrant is explicitly amended by this Amendment, the terms of this Amendment will control over terms of the Warrant that are contrary to, or conflict with, this Amendment. Where the Warrant is not explicitly amended, the terms of the Warrant will remain in force. Initially capitalized terms used in this Amendment that are not otherwise defined herein shall have the meanings given to such terms in the Warrant.
Amendment of the Warrant. The Warrant is hereby amended by deleting the introductory paragraph of the Warrant in its entirety and replacing it with the following: "For value received, Dyadic International, Inc., a Florida corporation (the "Company") hereby certifies that X (the "Holder") or his assign(s) is entitled to purchase from the Company, at any time or from time to time during the Exercise Period (as defined below), in whole or in part, up to _________ shares of Common Stock, no par value, of the Company, at the price per share equal to $3.33 (the "Exercise Price")."
Amendment of the Warrant. Contemporaneously with the execution of this Agreement, the parties shall execute the First Amendment to the Warrant in substantially the form attached as Exhibit B with respect to each of the Warrants.
Amendment of the Warrant. The Warrant is hereby amended to change the Exercise Price from $1.0350702 per share of Common Stock to the following:
(a) From and after the date hereof, Exercise Price under the Warrant shall be $0.523505 per share of Common Stock, subject to adjustment as provided below.
(b) If, on October 31, 1999, any "Obligations" (as defined in the Pegasus Credit Agreement) remain outstanding, then from and after such date, the Exercise Price under the Warrant shall be $.423505, subject to adjustment as provided below.
(c) If, on January 31, 2000, any Obligations remain outstanding, then from and after such date, the Exercise Price under the Warrant shall be $.323505, subject to adjustment as provided below.
(d) If, on April 30, 2000, any Obligations remain outstanding, then from and after such date, the Exercise Price under the Warrant shall be $.223505, subject to adjustment as provided below.
(e) If, on July 31, 2000, any Obligations remain outstanding, then from and after such date, the Exercise Price under the Warrant shall be $.123505, subject to adjustment as provided below.
(f) If, on October 31, 2000, any Obligations remain outstanding, then from and after such date, the Exercise Price under the Warrant shall be $.023505, subject to adjustment as provided below.
(g) If, on January 31, 2001, any Obligations remain outstanding, then from and after such date, the Exercise Price under the Warrant shall be $.0001.
Amendment of the Warrant. (a) The Parties hereby amend and replace Section 2(a) of the Warrant with the following language: “Transferability of Warrant. You agree that the Warrant is being acquired as an investment and not with a view to distribution thereof and that the Warrant may not be transferred, sold, assigned or hypothecated except as provided herein. You further acknowledge that the Warrant may not be transferred, sold, assigned or hypothecated unless pursuant to a registration statement that has become effective under the Securities Act of 1933, as amended (the “Act”), setting forth the terms of such offering and other pertinent data with respect thereto, or unless you have provided the Company with an acceptable opinion from acceptable counsel that such registration is not required. Certificates representing the Warrant shall bear an appropriate legend. Notwithstanding the foregoing, any request to transfer the Warrant must be accompanied by the Form of Assignment and Transfer attached hereto as Schedule 5 executed by the Warrant Holder.”
(b) The Parties also hereby amend the Warrant to amend and replace Schedules 1-3, with Schedule 1 attached hereto,, to rename Schedule 4 as previously attached to the Warrant as Schedule 2, as attached hereto, and to include a Schedule 3, “Form of Assignment and Transfer” as set forth hereto as Exhibit B (the “Schedules”).
(c) The Parties also hereby amend and replace Section 3 of the Warrant with the following language:
Amendment of the Warrant. (a) The Expiration Date “[CURRENT EXPIRATION DATE]” in the heading of the Warrant is hereby amended and restated to read in its entirety as “[NEW EXPIRATION DATE]”.
(b) The Termination Date “[CURRENT EXPIRATION DATE]” in Section 1 of the Warrant is hereby amended and restated to read in its entirety as “[NEW EXPIRATION DATE]”.