Delivery of Common Stock Upon Exercise. The Corporation shall, on or before the later of (a) the third (3rd) business day following the Exercise Date and (b) the business day following the date of the Corporation's receipt of this Warrant (or, if this Warrant is lost, stolen or destroyed, the date on which indemnity pursuant to Article VIII.G is provided) (the "Delivery Period"), issue and deliver to the Holder or its nominee (x) that number of shares of Common Stock issuable upon exercise of the portion of this Warrant being exercised and (y) a new Warrant in the form hereof representing the balance of the Prepaid Amount hereof not being exercised, if any. If the Corporation's transfer agent is participating in the Depository Trust Company ("DTC") Fast Automated Securities Transfer program, and so long as the certificates therefor are not required to bear a legend, the Corporation shall cause its transfer agent to electronically transmit the Common Stock issuable upon exercise to the Holder by crediting the account of Holder or its nominee with DTC through its Deposit Withdrawal Agent Commission system ("DTC Transfer"). If the aforementioned conditions to a DTC Transfer are not satisfied, the Corporation shall deliver to Holder physical certificates representing the Common Stock issuable upon such exercise. Further, Holder may instruct the Corporation to deliver to Holder physical certificates representing the Common Stock issuable upon such exercise in lieu of delivering such shares by way of DTC Transfer.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Netplex Group Inc), Securities Purchase Agreement (Netplex Group Inc), Netplex Group Inc
Delivery of Common Stock Upon Exercise. The Corporation shall, on or before the later of (a) the third (3rd) business day following the Exercise Date and (b) the business day following the date of the Corporation's receipt of this Warrant (or, if this Warrant is lost, stolen or destroyed, the date on which indemnity pursuant to Article VIII.G IX.G is provided) (the "Delivery PeriodDELIVERY PERIOD"), issue and deliver to the Holder or its nominee (x) that number of shares of Common Stock issuable upon exercise of the portion of this Warrant being exercised and (y) a new Warrant in the form hereof representing the balance of the Prepaid Amount hereof not being exercised, if any. If the Corporation's transfer agent is participating in the Depository Trust Company ("DTC") Fast Automated Securities Transfer program, and so long as the certificates therefor are not required to bear a legend, the Corporation shall cause its transfer agent to electronically transmit the Common Stock issuable upon exercise to the Holder by crediting the account of Holder or its nominee with DTC through its Deposit Withdrawal Agent Commission system ("DTC TransferTRANSFER"). If the aforementioned conditions to a DTC Transfer are not satisfied, the Corporation shall deliver to Holder physical certificates representing the Common Stock issuable upon such exercise. Further, Holder may instruct the Corporation to deliver to Holder physical certificates representing the Common Stock issuable upon such exercise in lieu of delivering such shares by way of DTC Transfer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Fastcomm Communications Corp), Fastcomm Communications Corp
Delivery of Common Stock Upon Exercise. The Corporation shall, on or before the later of (a) the third (3rd) business day following the Exercise Date and (b) the business day following the date of the Corporation's receipt of this Warrant (or, if this Warrant is lost, stolen or destroyed, the date on which indemnity pursuant to Article VIII.G is provided) (the "Delivery PeriodDELIVERY PERIOD"), issue and deliver to the Holder or its nominee (x) that number of shares of Common Stock issuable upon exercise of the portion of this Warrant being exercised and (y) a new Warrant in the form hereof representing the balance of the Prepaid Amount hereof not being exercised, if any. If the Corporation's transfer agent is participating in the Depository Trust Company ("DTC") Fast Automated Securities Transfer program, and so long as the certificates therefor are not required to bear a legend, the Corporation shall cause its transfer agent to electronically transmit the Common Stock issuable upon exercise to the Holder by crediting the account of Holder or its nominee with DTC through its Deposit Withdrawal Agent Commission system ("DTC TransferTRANSFER"). If the aforementioned conditions to a DTC Transfer are not satisfied, the Corporation shall deliver to Holder physical certificates representing the Common Stock issuable upon such exercise. Further, Holder may instruct the Corporation to deliver to Holder physical certificates representing the Common Stock issuable upon such exercise in lieu of delivering such shares by way of DTC Transfer.
Appears in 2 contracts
Samples: Robotic Vision Systems Inc, Robotic Vision Systems Inc
Delivery of Common Stock Upon Exercise. The Corporation shall, on or before the later of (a) the third (3rd) second business day following the Exercise Date and (b) the business day following the date of the Corporation's receipt of this Warrant (or, if this Warrant is lost, stolen or destroyed, the date on which indemnity pursuant to Article VIII.G VII.G is provided) (the "Delivery PeriodDELIVERY PERIOD"), issue and deliver to the Holder or its nominee (x) that number of shares of Common Stock issuable upon exercise of the portion of this Warrant being exercised and (y) a new Warrant in the form hereof representing the balance of the Prepaid Amount hereof not being exercised, if any. If the Corporation's transfer agent is participating in the Depository Trust Company ("DTC") Fast Automated Securities Transfer program, and so long as the certificates therefor are not required to bear a legend, the Corporation shall cause its transfer agent to electronically transmit the Common Stock issuable upon exercise to the Holder by crediting the account of Holder or its nominee with DTC through its Deposit Withdrawal Agent Commission system ("DTC TransferTRANSFER"). If the aforementioned conditions to a DTC Transfer are not satisfied, the Corporation shall deliver to Holder physical certificates representing the Common Stock issuable upon such exercise. Further, Holder may instruct the Corporation to deliver to Holder physical certificates representing the Common Stock issuable upon such exercise in lieu of delivering such shares by way of DTC Transfer.
Appears in 1 contract
Samples: Smartserv Online Inc