Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 313 contracts

Samples: Warrant Agreement (Blue Water Acquisition Corp.), Warrant Agreement (Blue Water Acquisition Corp.), Revenue Participation Agreement

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 81 contracts

Samples: Warrant Agreement (Complete Solaria, Inc.), Warrant Agreement (Recruiter.com Group, Inc.), Warrant Agreement (MOVING iMAGE TECHNOLOGIES INC.)

Appears in 56 contracts

Samples: Warrant Agreement (Trupanion Inc.), Warrant Agreement (Trupanion Inc.), Warrant Agreement (Everyday Health, Inc.)

Appears in 54 contracts

Samples: Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.), Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.), Convertible Debenture and Warrant Purchase Agreement (VG Life Sciences Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of ~~the~~ Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Exercise Price of such Shares by (b) the fair market value of one Share. The fair market value of ~~the~~ Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 26 contracts

Samples: Warrant Agreement (zSpace, Inc.), Warrant Agreement (zSpace, Inc.), Warrant Agreement (ThredUp Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 1.2, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon the proposed whole or partial exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.6 below.

Appears in 26 contracts

Samples: Warrant Agreement (Kaltura Inc), Warrant Agreement (Phreesia, Inc.), Warrant Agreement (Phreesia, Inc.)

Conversion Right. In lieu of exercising this Warrant as ---------------- specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 11 contracts

Samples: Warrant Agreement (Clarus Corp), Warrant Agreement (Clarus Corp), Warrant Agreement (Digital Insight Corp)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Exercise Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 11 contracts

Samples: Warrant Agreement (Athenahealth Inc), Warrant Agreement (Tolerrx Inc), Warrant Agreement (Virtusa Corp)

Appears in 10 contracts

Samples: Warrant Agreement (Newgistics, Inc), Warrant Agreement (Imaging Technologies Corp/Ca), Warrant Agreement (Audible Inc)

Conversion Right. In lieu of exercising this Warrant as specified ---------------- in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 10 contracts

Samples: Loan and Security Agreement (Kana Communications Inc), Warrant Agreement (Cardiodynamics International Corp), Warrant Agreement (Haht Commerce Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may at any time and from time to time after the Issue Date convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the number of Shares or ~~other~~ the securities otherwise issuable upon exercise of this Warrant with respect to which Holder elects to convert this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The “fair market ~~value~~ value” of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 8 contracts

Samples: Warrant Agreement (Catabasis Pharmaceuticals Inc), Warrant Agreement (Catabasis Pharmaceuticals Inc), Warrant Agreement (Catabasis Pharmaceuticals Inc)

Appears in 6 contracts

Samples: Warrant Agreement (Integrated Packaging Assembly Corp), Warrant Agreement (Synchronoss Technologies Inc), Warrant Agreement (Odwalla Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1,~~ ---------------- Section 1.1 Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.5.

Appears in 5 contracts

Samples: Warrant Agreement (Consilium Inc), Warrant Agreement (Releasenow Com Corp), Warrant Agreement (Ecollege Com)

Appears in 5 contracts

Samples: Loan and Security Agreement (Placeware Inc), Warrant Agreement (Cardima Inc), Warrant Agreement (Cardima Inc)

Appears in 5 contracts

Samples: Warrant Agreement (Suppliermarket Com Inc /De), Warrant Agreement (Salon Internet Inc), Warrant to Purchase Stock (Salon Internet Inc)

Appears in 4 contracts

Samples: Warrant Agreement (Tvia Inc), Warrant Agreement (Tvia Inc), Warrant Agreement (Tvia Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant being converted minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 4 contracts

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

Appears in 4 contracts

Samples: Warrant Agreement (HTG Molecular Diagnostics, Inc), Warrant Agreement (Liposcience Inc), Warrant Agreement (Energy & Power Solutions, Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 1.2, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Purchase Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 4 contracts

Samples: Security Agreement (Competitive Companies Inc), Security Agreement (InterMetro Communications, Inc.), Warrant Agreement (Electric Aquagenics Unlimited Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the portion of the Shares or other securities otherwise issuable upon exercise of this Warrant that Holder elects to convert pursuant to this Article 1.2 minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 4 contracts

Samples: Warrant Agreement (Tranzyme Inc), Warrant Agreement (Tranzyme Inc), Warrant Agreement (Tranzyme Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of ~~this~~ the portion of the Warrant being converted minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 3 contracts

Samples: Warrant to Purchase Stock (Guidewire Software, Inc.), Warrant to Purchase Stock (Guidewire Software, Inc.), Warrant to Purchase Stock (Guidewire Software, Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Exercise Price of for such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 3 contracts

Samples: Warrant Agreement (Trupanion Inc.), Warrant Agreement (Trupanion Inc.), Warrant Agreement (Trupanion Inc.)

Appears in 3 contracts

Samples: Warrant Agreement (Imperva Inc), Warrant Agreement (Imperva Inc), Warrant to Purchase Stock (Adept Technology Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate ~~fair market value~~ Fair Market Value of the Shares ~~or other securities otherwise~~ issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the ~~fair market value~~ Fair Market Value of one Share. The ~~fair market value~~ Fair Market Value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 3 contracts

Samples: Warrant Agreement (Emergisoft Holding Inc), Warrant Agreement (Flashnet Communications Inc), Warrant Agreement (Emergisoft Holding Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may ~~from time to time~~ at its option convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one ~~Share~~Share by delivering the Warrant and a duly executed Notice of Exercise/Conversion. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 3 contracts

Samples: Warrant Agreement (First Pacific Networks Inc), Warrant Agreement (First Pacific Networks Inc), Warrant Agreement (First Pacific Networks Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Exercise Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 3 contracts

Samples: Lease Agreement, Industrial Real Estate Triple Net Lease (Pacira Pharmaceuticals, Inc.), Warrant Agreement (Pacira Pharmaceuticals, Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of ~~the Shares~~ a Share shall be determined pursuant to Article 1.3.

Appears in 3 contracts

Samples: Warrant Agreement (Lenco Mobile Inc.), Warrant Agreement (Poniard Pharmaceuticals, Inc.), Warrant Agreement (Poniard Pharmaceuticals, Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant being exercised minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 2 contracts

Samples: Warrant Agreement (Peregrine Pharmaceuticals Inc), Warrant Agreement (Peregrine Pharmaceuticals Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 2.1, Holder may from time to time convert this Warrant, in whole or but not in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares ~~or other securities otherwise issuable upon exercise of this Warrant~~ minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 2.3.

Appears in 2 contracts

Samples: Warrant Agreement (17 Education & Technology Group Inc.), Warrant Agreement (17 Education & Technology Group Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time ~~convert~~ exercise this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 2 contracts

Samples: Warrant to Purchase Stock (3PAR Inc.), Warrant to Purchase Stock (3PAR Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares ~~or other securities otherwise~~ issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 2 contracts

Samples: Warrant Agreement (Tetralogic Pharmaceuticals Corp), Warrant Agreement (Tetralogic Pharmaceuticals Corp)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may at any time and from time to time after the Issue Date convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the number of Shares or ~~other~~ the securities otherwise issuable upon exercise of this Warrant with respect to which Holder elects to convert this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The “fair market ~~value~~ value” of ~~the Shares~~ one Share shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 2 contracts

Samples: Warrant Agreement (Kalobios Pharmaceuticals Inc), Warrant Agreement (Kalobios Pharmaceuticals Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the number of Shares being converted (or other securities otherwise issuable upon exercise of this ~~Warrant~~ Warrant) minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 2 contracts

Samples: Warrant Agreement (Model N Inc), Warrant Agreement (Model N Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. , The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 2 contracts

Samples: Warrant Agreement (Applied Genetic Technologies Corp), Warrant Agreement (Applied Genetic Technologies Corp)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may at any time and from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities ~~otherwise issuable upon exercise~~ in respect of which this Warrant is being converted minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 2 contracts

Samples: Credit and Security Agreement (Ocular Therapeutix, Inc), Credit and Security Agreement (Ocular Therapeutix, Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article ~~1.1, Holder~~ 1.1,Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Exercise Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 2 contracts

Samples: Lease Agreement, Industrial Real Estate Triple Net Lease (Pacira Pharmaceuticals, Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares being converted or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one such Share. The fair market value of the converted Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 2 contracts

Samples: Warrant Agreement (Focus Enhancements Inc), Warrant Agreement (Focus Enhancements Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of ~~such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.~~such

Appears in 2 contracts

Samples: Warrant Agreement (I Flow Corp /De/), Warrant Agreement (Genio Group Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article ~~1.1~~1.2, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article ~~1.3~~1.4.

Appears in 2 contracts

Samples: Warrant Agreement (GigOptix, Inc.), Warrant Agreement (Glu Mobile Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time prior to the Expiration Date convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 2 contracts

Samples: Warrant Agreement (Usa Technologies Inc), Warrant Agreement (Amyris, Inc.)

Appears in 2 contracts

Samples: Warrant Agreement (Salon Internet Inc), Loan and Security Agreement (Onsale Inc)

Appears in 2 contracts

Samples: Warrant Agreement (Tvia Inc), Warrant Agreement (Tvia Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 1,1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 2 contracts

Samples: Warrant Agreement (Epocrates Inc), Warrant Agreement (Epocrates Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 1.2, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.5.

Appears in 2 contracts

Samples: Warrant to Purchase Stock (Art Technology Group Inc), Warrant to Purchase Stock (Art Technology Group Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ ---------------- Section 1.1, Holder may ~~from time to time~~ convert this Warrant, in whole or but not in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 2 contracts

Samples: Warrant Agreement (Plumtree Software Inc), Warrant Agreement (Plumtree Software Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (ai) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (bii) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Intraware Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares being exercised or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of ~~such~~ the Shares being exercised by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.. `

Appears in 1 contract

Samples: Warrant Agreement (IPC the Hospitalist Company, Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Warrant 1. Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Syncardia Systems Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, . in whole or in ~~part,~~ part into a number of Shares determined by dividing (~~a) the~~ a)the aggregate fair market value of the Shares or other ~~securities~~ sea otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Virage Logic Corp)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 1 1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 1 contract

Samples: Warrant Agreement (GigOptix, Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, . Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise ~~issuable upon exercise~~ without limitation, adjustments to the Exercise Price. The provisions of this ~~Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares~~ Section 2.3 shall ~~be determined pursuant~~ similarly apply to ~~Article 1.3~~successive reclassifications, exchanges, substitutions, or other events.

Appears in 1 contract

Samples: Warrant Agreement (Wave Systems Corp)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (ai) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (bii) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Critical Path Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in ~~whole or~~ whole, but not in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant ~~to Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (New Era of Networks Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other ~~securities~~ Securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant ~~to Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Advanced Power Technology Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one ~~Share~~Share at the time of conversion. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Kintera Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a the number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Senorx Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder from may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3.~~Section 1.5

Appears in 1 contract

Samples: Warrant Agreement (Imaging Technologies Corp/Ca)

Conversion Right. In lieu of ~~exercising~~ exercising, this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Com21 Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, . Holder may ~~from time to time~~ convert this Warrant, in ~~whole or in part~~whole, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant ~~to Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Iomed Inc)

Conversion Right. In lieu of exercising this Warrant as ---------------- specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Exercise Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Phase2media Inc)

Conversion Right. In lieu of exercising this Warrant as ---------------- specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of ~~this~~ that portion of the Warrant being exercised minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Zhone Technologies Inc)

Conversion Right. (a) In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this ~~Warrant~~Warrant (the "Conversion Right"), in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon in full or such part of this Warrant exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.5.

Appears in 1 contract

Samples: Warrant Agreement (Afp Imaging Corp)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Exercise Price of such ~~Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.~~Shares

Appears in 1 contract

Samples: Warrant Agreement (Athenahealth Inc)

Conversion Right. In lieu of exercising this Warrant as specified ---------------- in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate ~~fair market value~~ Fair Market Value of the Shares ~~or other securities otherwise~~ issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the ~~fair market value~~ Fair Market Value of one Share. The ~~fair market value~~ Fair Market Value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Pointe Communications Corp)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may at any time and from time to time after the Issue Date convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate ~~fair market value~~ Fair Market Value of the number of Shares or ~~other~~ the securities otherwise issuable upon exercise of this Warrant with respect to which Holder elects to convert this Warrant minus the aggregate Warrant Price of such Shares by (b) the ~~fair market value~~ Fair Market Value of one Share. The ~~fair market value~~ “Fair Market Value” of ~~the Shares~~ one Share shall be determined pursuant to Article 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Anthera Pharmaceuticals Inc)

Conversion Right. In lieu of exercising this Warrant as ---------------- specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant (whether exercised in whole or in part) minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Netplex Group Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this ~~Warrant,~~ Warrant in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant ~~to Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (First Virtual Corp)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in ~~part~~part in 50,000 share increments, into a number of Shares determined by dividing (a) the aggregate fair market value of ~~the~~ Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Exercise Price of such Shares by (b) the fair market value of one Share. The fair market value of ~~the~~ Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Revcare Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares ~~or other securities otherwise issuable upon exercise~~ at the time of ~~this Warrant~~ conversion minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Futurelink Corp)

Appears in 1 contract

Samples: Warrant Agreement (Iphysician Net Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 1.2, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate ~~Warrant~~ Purchase Price of such Shares by (b) ~~the fair market value of one Share~~$2.76. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Consulting Agreement (Electric Aquagenics Unlimited Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares ~~or other securities otherwise issuable upon exercise~~ at the time of ~~this Warrant~~ conversion minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.5.

Appears in 1 contract

Samples: Warrant Agreement (Futurelink Corp)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1,~~ ---------------- Section 1.1 Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other ~~securities~~ securities, otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.5.

Appears in 1 contract

Samples: Warrant Agreement (Fogdog Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares or other securities by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3.~~Article

Appears in 1 contract

Samples: Warrant to Purchase Stock (Riverbed Technology, Inc.)

Appears in 1 contract

Samples: Warrant Agreement (Viewlocity Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in In whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Alexza Pharmaceuticals Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities ~~otherwise issuable upon exercise of this~~ for which the Warrant is then being converted minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Solta Medical Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this ~~Warrant~~ Warrant, or if exercised in part, the portion of the total number of Shares or other securities being converted upon exercise of this Warrant, minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Danger Inc)

Conversion Right. In lieu of exercising this Warrant as ---------------- specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair ~~market~~ value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Open Port Technology Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may ~~from time to time~~ convert this Warrant, in ~~whole or in part~~whole, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant ~~to Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Iomed Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 1.2, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares upon the proposed whole or ~~other securities otherwise issuable upon~~ partial exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.6 below.

Appears in 1 contract

Samples: Warrant Agreement (Amber Road, Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares ~~or other securities otherwise issuable upon exercise of this Warrant~~ minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 1 contract

Samples: Security and Loan Agreement (Photomatrix Inc/ Ca)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate ~~fair market value~~ Fair Market Value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the ~~fair market value~~ Fair Market Value of one Share. The ~~fair market value~~ Fair Market Value of the Shares shall be determined pursuant ~~to Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Petopia Com Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant ~~to Article 1.3~~Section 3.

Appears in 1 contract

Samples: Warrant Agreement (Omnitek Engineering Corp)

Appears in 1 contract

Samples: Warrant Agreement (Women Com Networks Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, . Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant ~~to Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Copper Mountain Networks Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of ~~Shares~~ Units determined by dividing (a) the aggregate fair market value of the ~~Shares~~ Units or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such ~~Shares~~ Units by (b) the fair market value of one ~~Share~~Unit. The fair market value of the ~~Shares~~ Units shall be determined pursuant to Article 1.3.

Appears in 1 contract

Samples: Warrant Agreement (GigOptix, Inc.)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time during the Term convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article~~ Section 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Millennial Media Inc.)

Conversion Right. In lieu of exercising this Warrant as specified ~~in Article 1.1~~in. Section 1.2, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon the proposed whole or partial exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.6 below.

Appears in 1 contract

Samples: Warrant Agreement (Tangoe Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 1.2 above, Holder may from time to time convert each tranche of this ~~Warrant~~Warrant to the extent established pursuant to Section 1.1 above, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate applicable Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Intervisual Books Inc /Ca)

Conversion Right. In lieu of exercising this Warrant as specified ----------------- in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. , The fair market value of the Shares shall be determined pursuant ~~to Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Charys Holding Co Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~SECTION 1.2, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~SECTION 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Nextron Communications Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise 2 issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Extensity Inc)

Conversion Right. In lieu of exercising this Warrant as ----------------- specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 1 contract

Samples: Warrant Agreement (Rapidtron Inc)

Conversion Right. In lieu of exercising this Warrant as specified in Article 1.1, Holder may from time to time convert this Warrant, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares ~~or other securities otherwise~~ issuable upon exercise of this Warrant (or, if only a portion of this Warrant is being converted, the aggregate fair market value of the Shares issuable upon exercise of that portion of this Warrant being so converted) minus the aggregate Warrant Price of such Shares by (b) the ~~fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.~~fair

Appears in 1 contract

Samples: Warrant Agreement (Cardiomems Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article~~ Section 1.1, Holder may from time to time convert this ~~Warrant, in whole or in part,~~ Warrant into a number of Shares determined by dividing (a) the aggregate fair market value at the time of such conversion of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Lionbridge Technologies Inc /De/)

Appears in 1 contract

Samples: Warrant Agreement (Tvia Inc)

Conversion Right. In lieu of exercising this Warrant as specified in ~~Article 1.1~~Section 1.2, Holder may from time to time convert a portion of this ~~Warrant, in whole or in part~~Warrant that represents up to an aggregate of 500,000 Shares, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this ~~Warrant~~ conversion right minus the aggregate ~~Warrant~~ Purchase Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to ~~Article 1.3~~Section 1.4.

Appears in 1 contract

Samples: Warrant Agreement (Electric Aquagenics Unlimited Inc)

Conversion Right. In lieu of exercising this Warrant as ~~specified~~ provided in Article 1.1, Holder may ~~from time to time~~ convert this Warrant, subject to terms of Article 1.1, in whole or in part, into a number of Shares determined by dividing (a) the aggregate fair market value of the Shares or other securities otherwise issuable upon exercise of this Warrant minus the aggregate Warrant Price of such Shares by (b) the fair market value of one Share. The fair market value of the Shares shall be determined pursuant to Article 1.3.

Appears in 1 contract

Samples: Warrant to Purchase Stock (M Wave Inc)

Appears in 1 contract

Samples: Warrant Agreement (Advanced BioHealing Inc)

Common use of Conversion Right Clause in Contracts