Common use of Construction; Counterparts Clause in Contracts

Construction; Counterparts. This Agreement shall be construed as a whole and in favor of the validity and enforceability of each of its provisions, so as to carry out the intent of the parties as expressed herein. Headings are for the convenience of reference, and the meaning and interpretation of the text of any provision shall take precedence over its heading. This Agreement may be signed in one or more counterparts, each of which shall constitute an original, but all of which, taken together shall constitute one agreement. A faxed copy or photocopy of a party’s signature shall be deemed an original for all purposes. Issued this 6th day of June, 2008. DEEP DOWN, INC. By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President & CEO TO: DEEP DOWN, INC. 00000 Xxxx Xxxxxxx Xxxxxxxxxxx, XX 00000 Attention: Xxxxxx X. Xxxxxx 1. The undersigned hereby elects to purchase __________ Shares of DEEP DOWN, INC. pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): [_] in lawful money of the United States; or [_] [if permitted] the cancellation of such number of Shares as is necessary, in accordance with the formula set forth in subsection 1(b), to exercise this Warrant with respect to the maximum number of Warrant Shares purchasable pursuant to the cashless exercise procedure set forth in subsection 1(b)). 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: _________________________________ (Name) _________________________________ _________________________________ (Address) 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares and all representations and warranties of the undersigned set forth in Section 7 of the attached Warrant are true and correct as of the date hereof.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Deep Down, Inc.), Common Stock Purchase Warrant (Deep Down, Inc.)

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Construction; Counterparts. This Agreement shall be construed as a whole and in favor of the validity and enforceability of each of its provisions, so as to carry out the intent of the parties as expressed herein. Headings Heading are for the convenience of reference, and the meaning and interpretation of the text of any provision shall take precedence over its heading. This Agreement may be signed in one or more counterparts, each of which shall constitute an original, but all of which, taken together shall constitute one agreement. A faxed copy or photocopy of a party’s signature shall be deemed an original for all purposes. Issued this 6th ___ day of JuneOctober, 20082005. DEEP DOWN, INCEXOBOX TECHNOLOGIES CORP. By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President & CEO TO: DEEP DOWNEXOBOX TECHNOLOGIES CORP. 0000 Xxxxxxx Xxxx, INC. 00000 Xxxx Xxxxxxx XxxxxxxxxxxSuite 210 Houston, XX 00000 Texas 77057 Attention: Xxxxxx X. Xxxxxx 1. The undersigned hereby elects to purchase __________ Shares of DEEP DOWN, INCEXOBOX TECHNOLOGIES CORP. pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): [_] o The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith or by concurrent wire transfer payment in lawful money full for the purchase price of the United States; or [_] [shares being purchased, together with all applicable transfer taxes, if permitted] the cancellation of such number of Shares as is necessary, in accordance with the formula set forth in subsection 1(b), to exercise this Warrant with respect to the maximum number of Warrant Shares purchasable pursuant to the cashless exercise procedure set forth in subsection 1(b))any. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: _________________________________ (Name) _________________________________ _________________________________ (Address) 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares and all representations and warranties of the undersigned set forth in Section 7 of the attached Warrant are true and correct as of the date hereof.

Appears in 1 contract

Samples: Warrant Agreement (Exobox Technologies Corp.)

Construction; Counterparts. This Agreement shall be construed as a whole and in favor of the validity and enforceability of each of its provisions, so as to carry out the intent of the parties as expressed herein. Headings Heading are for the convenience of reference, and the meaning and interpretation of the text of any provision shall take precedence over its heading. This Agreement may be signed in one or more counterparts, each of which shall constitute an original, but all of which, taken together shall constitute one agreement. A faxed copy or photocopy of a party’s signature shall be deemed an original for all purposes. Issued this 6th 18th day of JuneJuly, 2008. DEEP DOWNTHE MINT LEASING, INC. By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President & CEO /S/ Xxxxxxx Xxxxxxxxx Xxxxxxx Xxxxxxxxx TO: DEEP DOWNThe Mint Leasing, INC. 00000 Inc. 000 X. Xxxx Xxxxxxx XxxxxxxxxxxXxxx Houston, XX 00000 Attention: Xxxxxx X. XxxxxxTX 77008________________ 1. The undersigned hereby elects to purchase __________ Shares of DEEP DOWNTHE MINT LEASING, INC. pursuant to the terms of the attached WarrantOption. 2. Method The undersigned elects to exercise the attached Option by means of Exercise (Please initial a cash payment, and tenders herewith or by concurrent wire transfer payment in full for the applicable blank): [_] in lawful money purchase price of the United States; or [_] [shares being purchased, together with all applicable transfer taxes, if permitted] the cancellation of such number of Shares as is necessary, in accordance with the formula set forth in subsection 1(b), to exercise this Warrant with respect to the maximum number of Warrant Shares purchasable pursuant to the cashless exercise procedure set forth in subsection 1(b))any. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: _________________________________ (Name) _________________________________ _________________________________ (Address) 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares and all representations and warranties of the undersigned set forth in Section 7 of the attached Warrant Option are true and correct as of the date hereof.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Mint Leasing Inc)

Construction; Counterparts. This Agreement shall be construed as a whole and in favor of the validity and enforceability of each of its provisions, so as to carry out the intent of the parties as expressed herein. Headings Heading are for the convenience of reference, . and the meaning and interpretation of the text of any provision shall take precedence over its heading. This Agreement may be signed in one or more counterparts, each of which shall constitute an original, but all of which, taken together shall constitute one agreement. A faxed copy or photocopy of a party’s 's signature shall be he deemed an original for all purposes. Issued as of this 6th fifth day of JuneAugust, 20082007. DEEP DOWN, INC. By: /s//s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President & CEO TO: DEEP DOWN, . INC. 00000 Xxxx Xxxxxxx Xxxxxxxxxxx, XX 00000 Attention: Xxxxxx X. Xxxxxx 1. The undersigned hereby elects to purchase __________ Shares of DEEP DOWN, INC. pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): [_); [ ] in lawful money of the United States; or [_[ ] [if permitted] the cancellation of such number of Warrant Shares as is necessary, . in accordance with the formula set forth in subsection 1(b2(c), to exercise this Warrant with respect to the maximum number of Warrant Shares purchasable pursuant to the cashless exercise procedure set forth in subsection 1(b)). 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: _________________________________ ; (Name) _________________________________ _________________________________ (Address) 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, . or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares and all representations and warranties of the undersigned set forth in Section 7 of the attached Warrant are true and correct as of the date hereof.. _______________________________

Appears in 1 contract

Samples: Warrant Agreement (Deep Down, Inc.)

Construction; Counterparts. This Agreement shall be construed as a whole and in favor of the validity and enforceability of each of its provisions, so as to carry out the intent of the parties as expressed herein. Headings Heading are for the convenience of reference, and the meaning and interpretation of the text of any provision shall take precedence over its heading. This Agreement may be signed in one or more counterparts, each of which shall constitute an original, but all of which, taken together shall constitute one agreement. A faxed copy or photocopy of a party’s signature shall be deemed an original for all purposes. Issued effective this 6th 23rd day of June, 2008. DEEP DOWN, INCSeptember 2014. By: /s//s/ Xxxxx Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President & CEO Chief Executive Officer TO: DEEP DOWNThe Mint Leasing, INC. 00000 Inc. 000 X. Xxxx Xxxxxxx XxxxxxxxxxxXxxx Xxxxxxx, XX 00000 Attention: Xxxxxx X. Xxxxxx00000 1. The undersigned hereby elects to purchase __________ Shares of DEEP DOWNTHE MINT LEASING, INC. pursuant to the terms of the attached WarrantOption. 2. Method The undersigned elects to exercise the attached Option by means of Exercise (Please initial [ ] a cash payment, and tenders herewith or by concurrent wire transfer payment in full for the applicable blank): [_] in lawful money purchase price of the United Statesshares being purchased, together with all applicable transfer taxes, if any; or [_[ ] [if permitted] the cancellation of such number of Shares as is necessary, in accordance with the formula set forth in subsection 1(b), to exercise this Warrant with respect to the maximum number of Warrant Shares purchasable pursuant to the a cashless exercise procedure set forth as provided in subsection 1(b))the Option, based on a Fair Market Value of the Common Stock of $__________ per share. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: _________________________________ (Name) _________________________________ _________________________________ (Address) 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares and all representations and warranties of the undersigned set forth in Section 7 of the attached Warrant Option are true and correct as of the date hereof.

Appears in 1 contract

Samples: Option Agreement (Mint Leasing Inc)

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Construction; Counterparts. This Agreement shall be construed as a whole and in favor of the validity and enforceability of each of its provisions, so as to carry out the intent of the parties as expressed herein. Headings Heading are for the convenience of reference, and the meaning and interpretation of the text of any provision shall take precedence over its heading. This Agreement may be signed in one or more counterparts, each of which shall constitute an original, but all of which, taken together shall constitute one agreement. A faxed copy or photocopy of a party’s signature shall be deemed an original for all purposes. Issued this 6th 31st day of JuneJuly, 20082006. DEEP DOWN, INCEXOBOX TECHNOLOGIES CORP. By: /s/Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President & CEO TO: DEEP DOWNEXOBOX TECHNOLOGIES CORP. 0000 Xxxxxxx Xxxx, INC. 00000 Xxxx Xxxxxxx XxxxxxxxxxxSuite 210 Houston, XX 00000 Texas 77057 Attention: Xxxxxx X. Xxxxxx 1. The undersigned hereby elects to purchase __________ Shares of DEEP DOWN, INCEXOBOX TECHNOLOGIES CORP. pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): [_] o The undersigned elects to exercise the attached Warrant by means of a cash payment, and tenders herewith or by concurrent wire transfer payment in lawful money full for the purchase price of the United States; or [_] [shares being purchased, together with all applicable transfer taxes, if permitted] the cancellation of such number of Shares as is necessary, in accordance with the formula set forth in subsection 1(b), any. o The undersigned elects to exercise this the attached Warrant with respect to by means of the maximum number net exercise provisions of Warrant Shares purchasable pursuant to Section 1(b) of the cashless exercise procedure set forth in subsection 1(b))Warrant. 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: _________________________________ (Name) _________________________________ _________________________________ (Address) 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares and all representations and warranties of the undersigned set forth in Section 7 of the attached Warrant are true and correct as of the date hereof.

Appears in 1 contract

Samples: Warrant Agreement (Exobox Technologies Corp.)

Construction; Counterparts. This Agreement shall be construed as a whole and in favor of the validity and enforceability of each of its provisions, so as to carry out the intent of the parties as expressed herein. Headings Heading are for the convenience of reference, and the meaning and interpretation of the text of any provision shall take precedence over its heading. This Agreement may be signed in one or more counterparts, each of which shall constitute an original, but all of which, taken together shall constitute one agreement. A faxed copy or photocopy of a party’s 's signature shall be deemed an original for all purposes. Issued this 6th on the 4th day of JuneJanuary, 2008. DEEP DOWN, INC. By: /s//s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: President & CEO TO: DEEP DOWN, . INC. 00000 Xxxx Xxxxxxx Xxxxxxxxxxx, XX 00000 Attention: Xxxxxx X. Xxxxxx 1. The undersigned hereby elects to purchase __________ Shares of DEEP DOWN, INC. pursuant to the terms of the attached Warrant. 2. Method of Exercise (Please initial the applicable blank): [_); [ ] in lawful money of the United States; or [_[ ] [if permitted] the cancellation of such number of Warrant Shares as is necessary, . in accordance with the formula set forth in subsection 1(b2(c), to exercise this Warrant with respect to the maximum number of Warrant Shares purchasable pursuant to the cashless exercise procedure set forth in subsection 1(b)). 3. Please issue a certificate or certificates representing said Shares in the name of the undersigned or in such other name as is specified below: _________________________________ ; (Name) _________________________________ _________________________________ (Address) 4. The undersigned hereby represents and warrants that the aforesaid Shares are being acquired for the account of the undersigned for investment and not with a view to, . or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares and all representations and warranties of the undersigned set forth in Section 7 of the attached Warrant are true and correct as of the date hereof.. _______________________________

Appears in 1 contract

Samples: Warrant Agreement (Deep Down, Inc.)

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