Cash in Lieu of Fractional Shares. The Company shall not be required to issue fractional shares upon the exercise of this Warrant. If, by reason of any change made pursuant to Section 9 or 10 hereof, the Holder of this Warrant would be entitled, upon the exercise of any rights evidenced hereby, to receive a fractional interest in a share, the Company shall, upon such exercise, purchase such fractional interest for an amount in cash equal to the fair market value of such fractional interest, determined as of the Exercise Date.
Appears in 6 contracts
Samples: Warrant Agreement (Cytrx Corp), Warrant Agreement (Cytrx Corp), Warrant Agreement (Cytrx Corp)
Cash in Lieu of Fractional Shares. The Company shall not be required to issue fractional shares upon the exercise of this Warrant. If, by reason of any change made pursuant to Section Sections 8 or 9 or 10 hereof, the Holder of this Warrant would be entitled, upon the exercise of any rights evidenced hereby, to receive a fractional interest in a share, the Company shall, upon such exercise, purchase such fractional interest for pay to the Holder an amount in cash equal to the fair market value Average Market Value of such fractional interest, determined as of the Exercise Date.
Appears in 5 contracts
Samples: Stock Purchase Warrant (First Capital Bank Holding Corp), Stock Purchase Warrant (Marine Bancshares Inc), Stock Purchase Warrant (Citizens Bancshares of Southwest Florida Inc)
Cash in Lieu of Fractional Shares. The Company shall not be required to issue fractional shares upon the exercise of this Warrant. If, by reason of any change made pursuant to Section 9 or 10 8 hereof, the Holder of this Warrant would be entitled, upon the exercise of any rights evidenced hereby, to receive a fractional interest in a share, the Company shall, upon such exercise, purchase such fractional interest for an amount in cash equal to the fair market value Average Market Value of such fractional interest, determined as of the Exercise Date.
Appears in 1 contract
Cash in Lieu of Fractional Shares. The Company shall not be required to issue fractional shares upon the exercise of this Warrant. If, by reason of any change made pursuant to Section 9 or 10 8 hereof, the Holder of this Warrant would be entitled, upon the exercise of any rights evidenced hereby, to receive a fractional interest in a share, the Company shall, upon such exercise, purchase such fractional interest for pay to the Holder an amount in cash equal to the fair market value of such fractional interest, determined by the Board of Directors of the Company as of the Exercise Date.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Marco Community Bancorp Inc)
Cash in Lieu of Fractional Shares. The Company shall not be required to issue fractional shares Securities upon the exercise of this Warrant. If, by reason of any change made pursuant to Section 9 or 10 hereof, If the Holder of this Warrant would be entitled, upon the exercise of any rights evidenced hereby, to receive a fractional interest in a shareany Security, the Company shall, upon shall pay a cash adjustment for such exercise, purchase such fractional interest for an amount in cash fraction equal to the fair equivalent market value of price for such fractional interest, share (as determined as in the manner prescribed by the Board of Directors) at the Exercise Dateclose of business on the exercise date.
Appears in 1 contract
Samples: Warrant Agreement (Mb Software Corp)
Cash in Lieu of Fractional Shares. The Company shall not be required to issue fractional shares upon the exercise of this Warrant. IfWarrant if, by reason of any change made pursuant to Section 9 or 10 hereof, the Holder of this Warrant would be entitled, upon the exercise of any rights evidenced hereby, to receive a fractional interest in a share, the Company shall, upon such exercise, purchase such fractional interest for an amount in cash equal to the fair market value of such fractional interest, determined as of the Exercise Date.
Appears in 1 contract
Samples: Promissory Note Restructuring Agreement (Vsi Enterprises Inc)