Amendment to Warrant Agreement. To the extent required by this Agreement, the Warrant Agreement is hereby deemed amended pursuant to Section 9.8 thereof to reflect the subject matter contained herein, effective as of the Closing.
Amendment to Warrant Agreement. (a) Section 3.1 of the Warrant Agreement is hereby amended and restated in its entirety as follows:
Amendment to Warrant Agreement. The Warrant Agreement is hereby amended as follows:
Amendment to Warrant Agreement. The first paragraph of Section 6(a) of the Warrant Agreement shall be amended and restated as follows:
Amendment to Warrant Agreement. The definition of "Warrant Expiration Date" contained in Section 1(j) of the Warrant Agreement is hereby amended by deleting such definition in its entirety and substituting the following in lieu thereof:
Amendment to Warrant Agreement. The first paragraph of Section 1 of the Warrant Agreement is hereby amended and restated to read in its entirety as follows: “For value received, the Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, a number of fully paid and non-assessable shares of the Preferred Stock (as defined below) equal to the quotient derived by dividing (i) $875,000 by the Exercise Price or (ii) $1,750,000 by the Exercise Price if the Company decides not to complete the New Transaction, and the Company has not paid the outstanding Secured Obligations in full within five business days after deciding not to complete the New Transaction but in no event later than September 30, 2011. The Exercise Price, at Warrantholder’s option, is a price equal to either (a) $6.7246 per share if this Warrant is exercised for shares of Series D Preferred Stock or (b) the price per Share paid in the next institutional equity financing of the Company prior to an Initial Public Offering if this Warrant is exercised for shares of equity securities sold in such next institutional equity financing of the Company. The number and Exercise Price of such shares are subject to adjustment as provided in Section 8. As used herein, the following terms shall have the following meanings:”
Amendment to Warrant Agreement. The parties agree that, as of the Effective Date, the Warrant Agreement is hereby amended as follows:
Amendment to Warrant Agreement. The Company and the Warrant Agent hereby amend the Warrant Agreement to add a new “Section 6.5” immediately following “Section 6.4” which shall read as follows:
Amendment to Warrant Agreement. In accordance with Section 3(b) of the Warrant Agreement, the Expiration Date for the Warrants is hereby extended to June 8, 2020.
Amendment to Warrant Agreement. The Company and the Holder hereby agree that, upon execution of this Letter Agreement, the Warrant Agreement will be deemed amended in accordance with the following:
