Common use of Deemed Exercise Clause in Contracts

Deemed Exercise. Immediately prior to a Change of Control, this Warrant shall be deemed exercised for Shares as provided in this Section 9(b) (the “Deemed Exercise”). In the event of a Deemed Exercise, the Company shall deliver to the Holder (without payment by the Holder of any exercise price or any cash or other consideration) that number of shares of fully paid and nonassessable Common Stock as is determined according to the formula set forth in Section 2(c).

Appears in 1 contract

Samples: Solyndra, Inc.

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Deemed Exercise. Immediately prior to a Change of Control, this Warrant shall be deemed exercised for Shares as provided in this Section 9(b) (the “Deemed Exercise”). In the event of a Deemed Exercise, the Company shall deliver to the Holder holder (without payment by the Holder holder of any exercise price or any cash or other consideration) that number of shares of fully paid and nonassessable Common Stock as is determined according to the formula set forth in Section 2(c).

Appears in 1 contract

Samples: Purchase Agreement (Solyndra, Inc.)

Deemed Exercise. Immediately prior to a Change of Control, this Warrant shall be deemed exercised for Shares as provided in this Section 9(b) (the “Deemed Exercise”). In the event of a Deemed Exercise, the Company shall deliver to the Holder holder (without payment by the Holder holder of any exercise price or any cash or other consideration) that number of shares of fully paid and nonassessable Common Stock (the “Converted Warrant Shares”) as is determined according to the formula set forth in Section 2(c).

Appears in 1 contract

Samples: Solyndra, Inc.

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Deemed Exercise. Immediately prior to a Change of Control, this Warrant shall be deemed exercised for Shares as provided in this Section 9(b) (the “Deemed Exercise”). In the event of a Deemed Exercise, the Company shall deliver to the Holder (without payment by the Holder of any exercise price or any cash or other consideration) that number of shares of fully paid and nonassessable Common Stock (the “Converted Warrant Shares”) as is determined according to the formula set forth in Section 2(c).

Appears in 1 contract

Samples: Stock Exchange Agreement (Solyndra, Inc.)

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