Deemed Exercise. In the event that immediately prior to the close of business on the Expiration Date, the Fair Market Value of one share of Common Stock (as determined in accordance with Section 1(c) above) is greater than the then applicable Exercise Price, this Warrant shall be deemed to be automatically exercised on a net exercise issue basis pursuant to Section 1(c) above, and the Company shall deliver the applicable number of Warrant Shares to the Warrantholder pursuant to the provisions of Section 1(c) above and this Section 1(d).
Appears in 31 contracts
Samples: Warrant Agreement (Serve Robotics Inc. /DE/), Warrant Agreement (Augmedix, Inc.), Warrant Agreement (Serve Robotics Inc. /DE/)
Deemed Exercise. In the event that immediately prior to the close of business on the Expiration Date, the Fair Market Value of one share of Common Stock (as determined in accordance with Section 1(c) above) is greater than the then applicable Exercise Price, this Warrant shall be deemed to be automatically exercised on a net exercise issue basis pursuant to Section 1(c) above, and the Company shall deliver the applicable number of Warrant Shares shares of Common Stock to the Warrantholder Holder pursuant to the provisions of Section 1(c) above and this Section 1(d1(e).
Appears in 6 contracts
Samples: Warrant Agreement (Synlogic, Inc.), Warrant Agreement (Genocea Biosciences, Inc.), Warrant Agreement (Genocea Biosciences, Inc.)
Deemed Exercise. In the event that immediately prior to the close of business on the Expiration Date, the Fair Market Value of one share of Common Stock (as determined in accordance with Section 1(c) above) is greater than the then applicable Exercise Price, this Warrant shall be deemed to be automatically exercised on a net exercise issue Net Exercise basis pursuant to Section 1(c) above, and the Company shall deliver the applicable number of Warrant Shares to the Warrantholder Holder pursuant to the provisions of Section 1(c) above and this Section 1(d).
Appears in 5 contracts
Samples: Warrant Agreement (Great Ajax Corp.), Warrant Agreement (Great Ajax Corp.), Securities Purchase Agreement (Great Ajax Corp.)
Deemed Exercise. In the event that immediately prior to the close of business on the Expiration Date, the Fair Market Value of one share of Common Stock (as determined in accordance with Section 1(c) above) is greater than the then applicable Exercise Price, this Warrant shall be deemed to be automatically exercised on a net exercise issue basis pursuant to Section 1(c) above, and the Company shall deliver the applicable number of Warrant Shares shares of Common Stock to the Warrantholder Holder pursuant to the provisions of Section 1(c) above and this Section 1(d).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Ardelyx, Inc.), Warrant Agreement (Ardelyx, Inc.), Warrant Agreement (Ardelyx, Inc.)
Deemed Exercise. In the event that immediately prior to the close of business on the Expiration Date, the Fair Market Value of one share of Common Stock (as determined in accordance with Section 1(c) above) is greater than the then applicable Exercise Price, this Warrant shall be deemed to be automatically exercised on a net exercise Net Exercise issue basis pursuant to Section 1(c) above, and the Company shall deliver the applicable number of Warrant Shares to the Warrantholder Holder pursuant to the provisions of Section 1(c) above and this Section 1(d).
Appears in 3 contracts
Samples: Warrant Agreement (Ocwen Financial Corp), Warrant Agreement (Great Ajax Corp.), Warrant Agreement (Great Ajax Corp.)
Deemed Exercise. In the event that immediately prior to the close of business on the Expiration Date, the Fair Market Value of one share of Common Stock (as determined in accordance with Section 1(c) above) is greater than the then applicable Exercise Price, this Warrant shall be deemed to be automatically exercised on a net exercise issue basis pursuant to Section 1(c) above, and the Company shall deliver the applicable number of Warrant Shares to the Warrantholder Purchaser pursuant to the provisions of Section 1(c) above and this Section 1(d).
Appears in 2 contracts
Samples: Warrant Agreement (ViewRay, Inc.), Warrant Agreement (ViewRay, Inc.)
Deemed Exercise. In the event that that, immediately prior to the close of business on the Expiration Date, the Fair Market Value of one share of Common Stock (as determined in accordance with Section 1(c) above) is greater than the then applicable Exercise Price, this Warrant shall be deemed to be automatically exercised on a net exercise issue basis pursuant to Section 1(c) above, and the Company shall deliver the applicable number of Warrant Shares to the Warrantholder Purchaser pursuant to the provisions of Section 1(c) above and this Section 1(dl(d).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Rockwell Medical, Inc.), Warrant Agreement (Rockwell Medical, Inc.)
Deemed Exercise. In the event that immediately prior to the close of business on the Expiration Termination Date, the Fair Market Value fair market value of one share of Common Stock (as determined in accordance with Section 1(c2(e) abovebelow) is greater than the then applicable Exercise Price, this Warrant shall be deemed to be automatically exercised on a net exercise issue basis pursuant to Section 1(c2(e) abovebelow, and the Company shall deliver the applicable number of Warrant Shares shares of Common Stock to the Warrantholder Holder pursuant to the provisions of Section 1(c2(e) above below and this Section 1(d2(d).
Appears in 1 contract
Samples: Securities Agreement (Socialwise, Inc. (Formerly Known as IdeaEdge, Inc))
Deemed Exercise. In the event that immediately prior to the close of business on the Expiration Date, the Fair Market Value of one share of Common Stock (as determined in accordance with Section 1(c) above) is greater than the then applicable Exercise Price, this Warrant shall be deemed to be automatically exercised on a net exercise issue basis pursuant to Section 1(c) above, and the Company shall deliver the applicable number of Warrant Shares shares of Common Stock to the Warrantholder Holder pursuant to the provisions of Section 1(c) above and this Section 1(d1(e). 2.
Appears in 1 contract
Deemed Exercise. In the event that immediately prior to the close of business on the Expiration Date, the Fair Market Value of one share of Common Stock (as determined in accordance with Section 1(c) above) is greater than the then applicable Exercise Price, this Warrant shall be deemed to be automatically exercised on a net exercise Net Exercise issue basis pursuant to Section 1(c) above, and the Company shall deliver the applicable number of Warrant Shares to the Warrantholder pursuant to the provisions of Section 1(c) above and this Section 1(d).
Appears in 1 contract
Samples: Warrant Agreement (Transphorm, Inc.)
