Amendment to Warrant. The Exercise Price is hereby amended to equal $3.00 per share of Common Stock, which may be paid only in cash, by certified check or by wire transfer in accordance with Section 2, excluding subsection (c), of the Warrant.
Amendment to Warrant. The Warrant is hereby amended by amending and restating Section 3(b) of the Warrant in its entirety as follows:
Amendment to Warrant. The fourth sentence of Section 3(b) of the Warrant is hereby deleted and replaced in its entirety with the following: Notwithstanding anything to the contrary, in the event of a Fundamental Transaction that is (1) an all cash transaction, (2) a “Rule 13e-3 transaction” as defined in Rule 13e-3 under the Exchange Act, or (3) a Fundamental Transaction involving a person or entity not traded on a national securities exchange, the Company or any Successor Entity (as defined below) shall, at the Holder’s option, exercisable at any time concurrently with, or within 30 days after, the consummation of the Fundamental Transaction, purchase this Warrant from the Holder by paying to the Holder an amount of consideration equal to the Black Scholes Value of the remaining unexercised portion of this Warrant on the date of the consummation of such Fundamental Transaction; provided the form of consideration paid shall be the same form of consideration received by shareholders in the Fundamental Transaction (and if more than one type of consideration shall be received by shareholders in the Fundamental Transaction, the Holders shall be paid the same types of consideration in the same proportions received by shareholders). To the extent such consideration does not consist of cash, such consideration shall be valued for these purposes at (x) in the case of publicly-traded securities, the closing price of such security on the principal trading market or quotation system for such security on the trading day immediately preceding the date on which the Fundamental Transaction is consummated and (y) in the case of a non-publicly traded security, at the fair market value of such security as mutually determined by the Company and a majority in interest of the Holders.
Amendment to Warrant. From the date hereof until 5:00 p.m., New York City time, on the date that is thirty (30) days from the date hereof (the “Amendment Termination Date”), the Exercise Price is hereby amended to equal $3.00 per share of Common Stock, which may be paid only in cash, by certified check or by wire transfer in accordance with Section 3(b)(i) of the Warrants. If Warrantholder fails to exercise all of the Warrants in accordance with this Amendment, the Exercise Price shall revert to $5.0829, and the Corporation shall have all remedies under law or in equity with respect to such breach.
Amendment to Warrant. Section 2 of the Warrant is hereby deleted in its entirety and replaced with the following language:
Amendment to Warrant. The title and first paragraph of the Warrant is amended and restated as follows: WARRANT TO PURCHASE COMMON STOCK OF CHOCOLATE CANDY CREATIONS, INC. No. ___ This is to Certify that ___________ or assigns ("Holder"), is entitled to purchase, subject to the provisions of this Warrant, from Chocolate Candy Creations, Inc., a Delaware Corporation (the "Company") ________ shares of fully paid, validly issued and nonassessable shares of common stock of the Company ("Common Stock") at a price of $0.05 per share at any time or from time to time during the period from November 6, 2006 until November 6, 2016 (the "Exercise Period"), subject to adjustment as set forth herein; provided however that this Warrant may not be exercised until the seventh anniversary of the date hereof unless prior thereto a "Change in Control" (as hereafter defined) of the Company has occurred in which event this Warrant may be exercised at any time after seventy (70) days following such "Change in Control" until the expiration of the Exercise Period. The number of shares of Common Stock to be received upon the exercise of this Warrant and the price to be paid for each share of Common Stock may be adjusted from time to time as hereinafter set forth. The shares of Common Stock deliverable upon such exercise, and as adjusted from time to time, are hereinafter sometimes referred to as "Warrant Shares" and the exercise price of a share of Common Stock in effect at any time and as adjusted from time to time is hereinafter sometimes referred to as the "Exercise Price".
Amendment to Warrant. Borrower and Lender hereby agree that, notwithstanding anything contained in the Warrant to the contrary, because the Commitment Amount Loan C has been reduced (pursuant to Section 3(b) above), the number of “Third Tranche Additional Shares” for which the Warrant is exerciseable shall be 11,065.
Amendment to Warrant. NEW SECTION 3(f). A new Section 3(f) shall be added to the Warrant to read in its entirety as follows:
Amendment to Warrant. The Existing Warrants are amended by replacing the fourth sentence of Section 3(d) of each Existing Warrant in its entirety with the following sentence: “Notwithstanding anything to the contrary, in the event of a Fundamental Transaction, the Company or any Successor Entity (as defined below) shall, at the Holder’s option, exercisable at any time concurrently with, or within 30 days after, the consummation of the Fundamental Transaction, purchase this Warrant from the Holder by paying to the Holder an amount of cash equal to the Black Scholes Value of the remaining unexercised portion of this Warrant on the date of the consummation of such Fundamental Transaction; provided, however, if the Fundamental Transaction is a result of a transaction which has not been approved by the Company’s Board of Directors, Holder shall not have the option to require the Company to purchase its Warrant.”
Amendment to Warrant. 2.1 Section 1.6.2(B). Section 1.6.2(B) of the Warrant is amended in its entirety and replaced with the following:
