Call. Subject to Section 6.4 hereof, not less than all of the outstanding Warrants may be called, at the option of the Company, at any time after they become exercisable and prior to their expiration, at the office of the Warrant Agent, upon the notice referred to in Section 6.2, at the price of $.01 per Warrant ("CALL PRICE"), provided that (i) the last sales price of the Common Stock has been at least $11.50 per share (the "TRIGGER PRICE"), on each of twenty (20) trading days within any thirty (30) trading day period ending on the third business day prior to the date on which notice of the call is given and (ii) the Public Warrants and the Representative's Warrants and the Common Stock underlying such Warrants are covered by an effective registration statement and a current prospectus from the beginning of the measurement period through the date fixed for the call.
Appears in 3 contracts
Samples: Warrant Agreement (Tailwind Financial Inc.), Warrant Agreement (Tailwind Financial Inc.), Warrant Agreement (Tailwind Financial Inc.)
Call. Subject to Section 6.4 hereof, not less than all of the outstanding Warrants may be called, at the option of the Company, at any time after they become exercisable and prior to their expiration, at the office of the Warrant Agent, upon the notice referred to in Section 6.2, at the price of $.01 per Warrant ("CALL PRICECall Price"), provided that (i) the last sales price of the Common Stock has been at least $11.50 per share (the "TRIGGER PRICETrigger Price"), on each of twenty (20) trading days within any thirty (30) trading day period ending on the third business day prior to the date on which notice of the call is given and (ii) the Public Warrants and the Representative's Warrants and the Common Stock underlying such Warrants are covered by an effective registration statement and a current prospectus from the beginning of the measurement period through the date fixed for the call.
Appears in 2 contracts
Samples: Warrant Agreement (Western United Financial Corp), Warrant Agreement (Western United Financial Corp)
Call. Subject to Section 6.4 hereof, not less than all of the outstanding Warrants may be called, at the option of the Company, at any time after they become exercisable and prior to their expiration, at the office of the Warrant Agent, upon the notice referred to in Section 6.2, at the price of $.01 per Warrant ("CALL PRICE"the “Call Price”), provided that (i) the last sales price of the Common Stock has been at least $11.50 per share (the "TRIGGER PRICE"), “Trigger Price”) on each of twenty (20) trading days within any thirty (30) trading day period ending on the third business day prior to the date on which notice of the call is given (the “Measurement Period”) and (ii) the Public Warrants and the Representative's Representatives’ Warrants and the Common Stock underlying such Warrants are covered by an effective registration statement and a current prospectus from the beginning of the measurement period Measurement Period through the date fixed for the call.
Appears in 1 contract
Samples: Warrant Agreement (Heckmann CORP)