Common use of Automatic Exercise Prior to Expiration Clause in Contracts

Automatic Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one Share is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 1.3 above (even if not surrendered) immediately before its expiration date as set forth in this Warrant. For purposes of such automatic exercise, the fair market value of one Share upon such expiration shall be determined pursuant to Section 1.6 above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.

Appears in 17 contracts

Samples: Warrant Agreement (Nlight, Inc.), Warrant Agreement (Nlight, Inc.), Warrant Agreement (Shotspotter, Inc)

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Automatic Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one Share is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 1.3 1.2 above (even if not surrendered) immediately before its expiration date as set forth in this Warrant. For purposes of such automatic exercise, the fair market value of one Share upon such expiration shall be determined pursuant to Section 1.6 1.4 above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section, the Company agrees to promptly notify the holder hereof Holder of the number of Shares, if any, the holder Holder hereof is to receive by reason of such automatic exercise.

Appears in 6 contracts

Samples: Warrant Agreement (Athenahealth Inc), Warrant Agreement (Athenahealth Inc), Warrant Agreement (Athenahealth Inc)

Automatic Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if upon the Expiration Date the fair market value (as determined pursuant to Section 1.6 above) of one Share is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised with respect to all Shares for which it shall not previously have been exercised or converted pursuant to Section 1.3 above (even if not surrendered) immediately before its expiration date Expiration Date as set forth in this Warrant. For purposes of such automatic exercise, the fair market value of one Share upon such expiration shall be determined pursuant to Section 1.6 above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.

Appears in 4 contracts

Samples: Warrant Agreement (Kaltura Inc), Warrant Agreement (Kaltura Inc), Warrant Agreement (Kaltura Inc)

Automatic Exercise Prior to Expiration. To the extent this Warrant is not previously exercised or converted as to all of the Shares subject hereto, and if the fair market value (as determined pursuant to Section 1.6 above) of one Share is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised converted with respect to all remaining Shares pursuant to Section 1.3 above (even if not surrendered) immediately before its expiration date as prior to the Expiration Date set forth in this Warrantabove. For purposes of such automatic exercise, the fair market value of one Share upon such expiration shall be determined pursuant to Section 1.6 above. To the extent this Warrant or any portion thereof hereof is deemed automatically exercised pursuant to this SectionSection 1.10, the Company agrees to promptly notify the holder hereof Holder of the number of Shares, if any, the holder hereof Holder is to receive by reason of such automatic exercise.

Appears in 2 contracts

Samples: Warrant Agreement (Phreesia, Inc.), Warrant Agreement (Phreesia, Inc.)

Automatic Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one Share is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 1.3 above (even if not yet surrendered) immediately before its expiration date as set forth in this Warrant. For purposes of such automatic exercise, the fair market value of one Share upon such expiration shall be determined pursuant to Section 1.6 above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.

Appears in 2 contracts

Samples: Warrant Agreement (Reply! Inc), Warrant Agreement (Reply! Inc)

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Automatic Exercise Prior to Expiration. To the extent this Warrant is not previously exercised or converted as to all of the Shares subject hereto, and if the fair market value of one Share is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 1.3 above (even if not surrendered) immediately before its expiration date as set forth in this Warrant. For purposes of such automatic exercise, the fair market value of one Share upon such expiration shall be determined pursuant to Section 1.6 above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.

Appears in 1 contract

Samples: Warrant Agreement (Angie's List, Inc.)

Automatic Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Exercise Shares subject heretoto this Warrant, and if the fair market value of one Exercise Share is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 1.3 2.1 above (even if not surrendered) immediately before its expiration date as set forth in this Warranttermination or expiration. For purposes of such automatic exercise, the fair market value of one Exercise Share upon such termination or expiration shall be determined pursuant to Section 1.6 2.1 above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this SectionSection 2.1, the Company agrees to promptly notify the holder hereof Holder of the number of Exercise Shares, if any, the holder hereof Holder is to receive by reason of such automatic exercise.

Appears in 1 contract

Samples: Warrant Agreement (Oportun Financial Corp)

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