Common use of Deemed Automatic Exercise Clause in Contracts

Deemed Automatic Exercise. If, on the Expiration Date, this Warrant remains unexercised (in whole or in part) and the Fair Market Value Per Share is greater than the Exercise Price, then this Warrant shall (automatically and without any action on the part of the Holder) be deemed exercised in full in a “Cashless Exercise” in accordance with Section 2(a) hereof, Section 2(b) hereof and Section 2(c) hereof.

Appears in 4 contracts

Samples: Common Stock Purchase Warrant (Aquestive Therapeutics, Inc.), Purchase Agreement (Vivus Inc), Common Stock Purchase Warrant (Aquestive Therapeutics, Inc.)

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Deemed Automatic Exercise. If, on the Expiration Automatic Exercise Date, this Warrant remains unexercised (in whole or in part) and the Fair Market Value Per Share is greater than the Exercise Price, then this Warrant shall (automatically and without any action on the part of the Holder) be deemed exercised in full in a “Cashless Exercise” in accordance with Section 2(a) hereof, Section 2(b) hereof hereof, and Section 2(c) hereof.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Boxed, Inc.), Common Stock Purchase Warrant (Boxed, Inc.)

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