Common use of Call Clause in Contracts

Call. Notwithstanding anything herein to the contrary, commencing any time during the effectiveness of the registration statement registering the Warrant Shares, the Issuer, at its option, may call up to one hundred percent (100%) of this Warrant if the Per Share Market Value of the Common Stock has been equal to or greater than $2.50 per share for a period of five (5) consecutive Trading Days immediately prior to the date of delivery of the Call Notice (a "Call Notice Period") by providing the Holder of this Warrant written notice pursuant to Section 13 (the "Call Notice"). The rights and privileges granted pursuant to this Warrant with respect to the Warrant Shares subject to the Call Notice (the "Called Warrant Shares") shall expire on the twentieth (20th) day after the Holder receives the Call Notice (the "Early Termination Date") if this Warrant is not exercised with respect to such Called Warrant Shares prior to such Early Termination Date. In the event this Warrant is not exercised with respect to the Called Warrant Shares, the Issuer shall remit to the Holder of this Warrant (i) $.01 per Called Warrant Share and (ii) a new Warrant representing the number of Warrant Shares, if any, which shall not have been subject to the Call Notice upon the Holder tendering to the Issuer the applicable Warrant certificate.

Appears in 4 contracts

Samples: Warrant Agreement (Hienergy Technologies Inc), Warrant Agreement (Hienergy Technologies Inc), Debt Conversion Agreement (Hienergy Technologies Inc)

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Call. Notwithstanding anything herein to the contrary, commencing any time during the effectiveness of the registration statement registering the Warrant Shares, or at such time the Holder has the right to effect a cashless exercise, the Issuer, at its option, may call up to one hundred percent (100%) of this Warrant if the Per Share Market Value of the Common Stock has been equal to or greater than $2.50 per share for a period of five (5) consecutive Trading Days immediately prior to the date of delivery of the Call Notice (a "Call Notice Period") by providing the Holder of this Warrant written notice pursuant to Section 13 (the "Call Notice"). The rights and privileges granted pursuant to this Warrant with respect to the Warrant Shares subject to the Call Notice (the "Called Warrant Shares") shall expire on the twentieth (20th) day after the Holder receives the Call Notice (the "Early Termination Date") if this Warrant is not exercised with respect to such Called Warrant Shares prior to such Early Termination Date. In the event this Warrant is not exercised with respect to the Called Warrant Shares, the Issuer shall remit to the Holder of this Warrant (i) $.01 per Called Warrant Share and (ii) a new Warrant representing the number of Warrant Shares, if any, which shall not have been subject to the Call Notice upon the Holder tendering to the Issuer the applicable Warrant certificate.

Appears in 3 contracts

Samples: Warrant Agreement (Hienergy Technologies Inc), Warrant Agreement (Hienergy Technologies Inc), Warrant Agreement (Hienergy Technologies Inc)

Call. Notwithstanding anything herein The Company shall have the option to "call" the Warrants (the "Warrant Call"), one or more times, in accordance with and governed by the following: (a) The Company may exercise the Warrant Call by giving to the contrary, commencing any time during the effectiveness of the registration statement registering the Warrant Shares, the Issuer, at its option, may call up to one hundred percent (100%) of this Warrant if the Per Share Market Value of the Common Stock has been equal to or greater than $2.50 per share for Holder a period of five (5) consecutive Trading Days immediately prior to the date of delivery of the Call Notice (a "Call Notice Period") by providing the Holder of this Warrant written notice pursuant to Section 13 of call (the "Call Notice")) during the period in which the Warrant Call may be exercised. The rights and privileges granted pursuant to this Warrant with respect to the Warrant Shares subject to the effective date of each Call Notice (the "Called Warrant Shares") shall expire on the twentieth (20th) day after the Holder receives the Call Notice (the "Early Termination Date") if is the date on which notice is effective under the notice provision of Section 14 of this Warrant is not exercised with respect Warrant. (b) Unless otherwise agreed to such Called Warrant Shares prior to such Early Termination Date. In the event this Warrant is not exercised with respect to the Called Warrant Shares, the Issuer shall remit to by the Holder of this Warrant, a Call Notice must be given to all Warrant Holders who receive Warrants similar to this Warrant (iin terms of exercise price and other principal terms) $.01 per Called Warrant Share and (ii) a new Warrant representing issued on or about the number of Warrant Sharessame Issue Date as this Warrant, if any, which shall not have been subject in proportion to the amounts of Common Stock which may be purchased by the respective Warrant Holders in accordance with the respective Warrants held by each. (c) The Warrant Holder shall exercise his Warrant rights and purchase the Called portion of this Warrant and pay for same within thirty (30) days after the Call Notice upon Date. If the Warrant Holder tendering fails to timely pay the Issuer amount required by the applicable Warrant certificateCall, the Company's sole remedy shall be to cancel a corresponding amount of this Warrant.

Appears in 2 contracts

Samples: Warrant Agreement (Bravo Foods International Corp), Warrant Agreement (Bravo Foods International Corp)

Call. Notwithstanding anything herein to the contrary, commencing any time during the effectiveness of the registration statement registering the Warrant Shares, the IssuerThe Company, at its option, may call up to one hundred percent (100%) of this Warrant at any time and from time to time on or after February 1, 2006 if the Per Share Market Value of the Common Stock has been equal to or greater than $2.50 per share two and a half (2-1/2) times the Warrant Price for a period of five twenty (520) consecutive Trading Days immediately prior to the date of delivery of the Call Notice (a "Call Notice Period") ending not more than five (5) Trading Days prior to the date that the Call Notice is effective by providing the Holder of this Warrant written notice pursuant to Section 13 11(d) (the "Call Notice"). The rights and privileges granted pursuant to this Warrant with respect to the Warrant Shares Stock subject to the Call Notice (the "Called Warrant SharesStock") shall expire on at the twentieth (20th) day after the Holder receives end of the Call Notice Period (the "Early Termination Date") if this Warrant is not exercised with respect to such Called Warrant Shares Stock prior to such Early Termination Date. In the event this Warrant is not exercised with respect to the Called Warrant SharesStock, the Issuer shall remit to the Holder of this Warrant (i) $.01 .001 per share of Called Warrant Share Stock, and (ii) a new Warrant representing the number of shares of Warrant SharesStock, if any, which shall not have been subject to the Call Notice upon the Holder tendering to the Issuer the applicable Warrant certificate.

Appears in 1 contract

Samples: Warrant Agreement (TX Holdings, Inc.)

Call. Notwithstanding anything herein to the contrary, commencing any time during the effectiveness of the registration statement registering the Warrant Shares, the Issuer, at its option, may call up to one hundred percent (100%) of this Warrant if the Per Share Market Value of the Common Stock has been equal to or greater than $2.50 per share for a period of five (5) consecutive Trading Days immediately prior to the date of delivery of the Call Notice (a "Call Notice Period") by providing the Holder of this Warrant written notice pursuant to Section 13 12 (the "Call Notice"). The rights and privileges granted pursuant to this Warrant with respect to the Warrant Shares subject to the Call Notice (the "Called Warrant Shares") shall expire on the twentieth (20th) day after the Holder receives the Call Notice (the "Early Termination Date") if this Warrant is not exercised with respect to such Called Warrant Shares prior to such Early Termination Date. In the event this Warrant is not exercised with respect to the Called Warrant Shares, the Issuer shall remit to the Holder of this Warrant (i) $.01 per Called Warrant Share and (ii) a new Warrant representing the number of Warrant Shares, if any, which shall not have been subject to the Call Notice upon the Holder tendering to the Issuer the applicable Warrant certificate.

Appears in 1 contract

Samples: Share Purchase Agreement (Hienergy Technologies Inc)

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Call. Notwithstanding anything herein to the contrary, commencing any time during the effectiveness of the registration statement registering the Warrant Shares, the Issuer, at its option, may call up to one hundred percent (100%) of this Warrant by providing the Holder written notice pursuant to Section 12 (the “Call Notice”) if the Per Share Market Value closing price of the Common Stock has been shall be equal to or greater than $2.50 per share 3.75, subject to adjustment, for a period of five (5) consecutive Trading Days immediately prior to Days; provided, that (i) trading in the date of delivery of Common Stock shall not have been suspended by the Call Notice Securities and Exchange Commission, or the OTC Bulletin Board or a registered national stock exchange where the Common Stock is traded, and (a "Call Notice Period"ii) by providing the Holder Issuer is in material compliance with the terms and conditions of this Warrant written notice pursuant to Section 13 and the other Transaction Documents (as defined in the "Call Notice")Purchase Agreement. The rights and privileges granted pursuant to this Warrant with respect to the shares of Warrant Shares Stock subject to the Call Notice (the "Called Warrant Shares") shall expire on the twentieth (20th) day after the Holder receives the Call Notice (the "Early Termination Date") Date if this Warrant is not exercised with respect to such Called Warrant Shares prior to such Early Termination Date. In the event this Warrant is not exercised with respect to the Called Warrant Shares, the Issuer shall remit to the Holder of this Warrant (i1) $.01 0.01 per Called Warrant Share and (ii2) a new Warrant representing the number of shares of Warrant SharesStock, if any, which shall not have been subject to the Call Notice upon the Holder tendering to the Issuer the applicable Warrant certificate.

Appears in 1 contract

Samples: Warrant Agreement (Westergaard Com Inc)

Call. Notwithstanding anything herein to the contrary, commencing any time during after the effectiveness of the registration statement registering the Warrant SharesStock, the Issuer, at its option, may call up to one hundred percent (100%) of this Warrant if the Per Share Market Value of the Common Stock has been equal to or greater than $2.50 4.00 per share for a period of five ten (510) consecutive Trading Days immediately prior to the date of delivery of the Call Notice (a "Call Notice Period") by providing the Holder of this Warrant written notice pursuant to Section 13 (the "Call Notice"); provided, that the Registration Statement has been declared effective and has been effective, without lapse or suspension of any kind, during the Call Notice Period; provided, further, that the Registration Statement must be effective from the date of delivery of the Call Notice until the 20th day after the Holder receives the Call Notice (the "Early Termination Date"). The rights and privileges granted pursuant to this Warrant with respect to the shares of Warrant Shares Stock subject to the Call Notice (the "Called Warrant Shares") shall expire on the twentieth (20th) day after the Holder receives the Call Notice (the "Early Termination Date") Date if this Warrant is not exercised with respect to such Called Warrant Shares prior to such Early Termination Date. In the event this Warrant is not exercised with respect to the Called Warrant Shares, the Issuer shall remit to the Holder of this Warrant (i) $.01 per Called Warrant Share and (ii) a new Warrant representing the number of shares of Warrant SharesStock, if any, which shall not have been subject to the Call Notice upon the Holder tendering to the Issuer the applicable Warrant certificate.

Appears in 1 contract

Samples: Warrant Agreement (Hienergy Technologies Inc)

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