Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about September 29, 1999 between the Company and the Investor, the Company issued and delivered to Investor or its designated assignees, warrants (the "Commitment Warrants") in the form attached hereto as Exhibit U, or such other form as agreed upon by the parties, to purchase 490,000 shares of Common Stock. The Commitment Warrants shall be exerciseable at a price (the "Commitment Warrant Exercise Price") which shall initially equal the average Closing Bid Price for the five (5) Business Days immediately preceding September 29, 1999 ("Initial Exercise Price"), and shall have reset provisions. Each Commitment Warrant shall be immediately exercisable at the Commitment Warrant Exercise Price, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. Concurrently with the issuance and delivery of the Commitment Opinion to the Investor, or on the date that is six (6) months after the date of this Agreement, whichever is sooner, the Company shall deliver to the Investor a Commitment Warrant Opinion of Counsel (signed by the Company's independent counsel), in the form of Exhibit P attached hereto.
Appears in 1 contract
Samples: Investment Agreement (Lmki Inc)
Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about September 29January 26, 1999 2000 by and between the Company and the Investor, the Company issued and delivered to Investor or its designated assignees, warrants (the "Commitment Warrants") in the form attached hereto as Exhibit U, or such other form as agreed upon by the parties, to purchase 490,000 570,000 shares of Common Stock. The Commitment Warrants shall be exerciseable at a price (the "Commitment Warrant Exercise Price") which shall initially equal the average lowest Closing Bid Price for the five (5) Business Days immediately preceding September 29January 26, 1999 2000 ("Initial Exercise Price"), or, if lower, the lowest Closing Bid Price for the five (5) Business Days immediately preceding the date of execution by the Company of this Investment Agreement, and shall have reset provisions. Each Commitment Warrant shall be immediately exercisable at the times set forth in the Commitment Warrant, at a price equal to the Commitment Warrant Exercise Price, as may be reset from time to time, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. Concurrently with the issuance and delivery of the Commitment Opinion to the Investor, or on the date that is six (6) months after the date of this Agreement, whichever is sooner, the Company shall deliver to the Investor a an opinion of counsel, in substantially the form of the Commitment Warrant Opinion of Counsel (signed by the Company's independent counsel), in covering the form issuance of Exhibit P attached heretothe Commitment Warrant and the issuance of the common stock upon exercise of the Commitment Warrant. Notwithstanding any Termination or Automatic Termination of this Agreement, the Investor shall retain full ownership of the Commitment Warrant as partial consideration for its commitment hereunder.
Appears in 1 contract
Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about September 2930, 1999 between the Company and the Investor, the Company issued and delivered to Investor or its designated assignees, warrants (the "Commitment Warrants") in the form attached hereto as Exhibit U, or such other form as agreed upon by the parties, to purchase 490,000 400,000 shares of Common Stock. The Commitment Warrants shall be exerciseable exercisable at a price (the "Commitment Warrant Exercise Price") which shall initially equal the average lowest Closing Bid Price for the five (5) Business Days immediately preceding September 2930, 1999 ("Initial Exercise Price"), and shall have reset provisions. Each Commitment Warrant shall be immediately exercisable at the Commitment Warrant Exercise Price, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. Concurrently with the issuance and delivery of the Commitment Opinion to the Investor, or on the date that is six (6) months after the date of this Agreement, whichever is sooner, the Company shall deliver to the Investor a Commitment Warrant Opinion of Counsel (signed by the Company's independent counsel), in the form of Exhibit P ___ attached hereto.
Appears in 1 contract
Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about September 29January 10, 1999 2000 between the Company and the Investor, the Company issued and delivered to Investor or its designated assignees, warrants (the "Commitment Warrants") in the form attached hereto as Exhibit U, or such other form as agreed upon by the parties, to purchase 490,000 250,000 shares of Common Stock. The Commitment Warrants shall be exerciseable exercisable at a price (the "Commitment Warrant Exercise Price") which shall initially equal the average lowest Closing Bid Price for the five (5) Business Days immediately preceding September 29January 10, 1999 2000 ("Initial Exercise Price"), or, if lower, the lowest Closing Bid Price for the five (5) Business Days immediately preceding the date of execution by the Company of this Investment Agreement, and shall have reset provisions. Each Commitment Warrant shall be immediately exercisable at the Commitment Warrant Exercise Price, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. Concurrently with The Investment Commitment Opinion of Counsel shall cover the issuance and delivery of the Commitment Opinion to Warrant and the Investor, issuance of the common stock upon exercise of the Commitment Warrant. Notwithstanding any Termination or on the date that is six (6) months after the date Automatic Termination of this Agreement, whichever is sooner, the Company shall deliver to the Investor a shall retain full ownership of the Commitment Warrant Opinion of Counsel (signed by the Company's independent counsel), in the form of Exhibit P attached heretoas partial consideration for its commitment hereunder.
Appears in 1 contract
Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about September February 29, 1999 2000 between the Company and the Investor, the Company issued and delivered to Investor or its designated assignees, warrants (the "Commitment Warrants") in the form attached hereto as Exhibit EXHIBIT U, or such other form as agreed upon by the parties, to purchase 490,000 shares of Common Stock. The Commitment Warrants shall be exerciseable at a price (the "Commitment Warrant Exercise Price") which shall initially equal the average lowest Closing Bid Price for the five (5) Business Days immediately preceding September February 29, 1999 2000 ("Initial Exercise Price"), or, if lower, the lowest Closing Bid Price for the five (5) Business Days immediately preceding the date of execution by the Company of this Investment Agreement, and shall have reset provisions. Each Commitment Warrant shall be immediately exercisable at the Commitment Warrant Exercise Price, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. Concurrently with The Investment Commitment Opinion of Counsel shall cover the issuance and delivery of the Commitment Opinion to Warrant and the Investor, issuance of the common stock upon exercise of the Commitment Warrant. Notwithstanding any Termination or on the date that is six (6) months after the date Automatic Termination of this Agreement, whichever regardless of whether or not the Registration Statement is sooneror is not filed, and regardless of whether or not the Registration Statement is approved or denied by the SEC, the Company Investor shall deliver to retain full ownership of the Investor a Commitment Warrant Opinion of Counsel (signed by the Company's independent counsel), in the form of Exhibit P attached heretoas partial consideration for its commitment hereunder.
Appears in 1 contract
Commitment Warrants. In partial consideration hereof, following the execution of the Letter of Agreement dated on or about September 29March 16, 1999 2000 between the Company and the Investor, the Company issued and delivered to Investor or its designated assignees, warrants (the "Commitment Warrants") in the form attached hereto as Exhibit U, or such other form as agreed upon by the parties, to purchase 490,000 810,000 shares of Common Stock. The Commitment Warrants shall be exerciseable at a price (the "Commitment Warrant Exercise Price") which shall initially equal the average lowest Closing Bid Price for the five (5) Business Days immediately preceding September 29March 16, 1999 2000 ("Initial Exercise Price"), or, if lower, the lowest Closing Bid Price for the five (5) Business Days immediately preceding the date of execution by the Company of this Investment Agreement, and shall have reset provisions. Each Commitment Warrant shall be immediately exercisable at the Commitment Warrant Exercise Price, and shall have a term beginning on the date of issuance and ending on date that is five (5) years thereafter. The Warrant Shares shall be registered for resale pursuant to the Registration Rights Agreement. Concurrently with The Investment Commitment Opinion of Counsel shall cover the issuance and delivery of the Commitment Opinion to Warrant and the Investor, issuance of the common stock upon exercise of the Commitment Warrant. Notwithstanding any Termination or on the date that is six (6) months after the date Automatic Termination of this Agreement, whichever regardless of whether or not the Registration Statment is sooneror is not filed, and regardless of whether or not the Registration Statement is approved or denied by the SEC, the Company Investor shall deliver to retain full ownership of the Investor a Commitment Warrant Opinion of Counsel (signed by the Company's independent counsel), in the form of Exhibit P attached heretoas partial consideration for its commitment hereunder.
Appears in 1 contract