Delivery of Stock Certificates, etc. on Exercise. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within ten (10) days thereafter unless a determination of fair market value per share of Common Stock is required pursuant to Section 1.5 above, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the holder hereof, or any affiliate of such holder as such holder (upon payment by such holder of any applicable transfer taxes) may direct, a certificate or certificates for the number of fully paid and nonassessable shares of Common Stock (or Other Securities) to which such holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash equal to such fraction multiplied by the then current market value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such holder is entitled upon such exercise pursuant to Section 1 or otherwise.
Appears in 4 contracts
Samples: Warrant Agreement (Lionbridge Technologies Inc /De/), Warrant Agreement (Lionbridge Technologies Inc /De/), Warrant Agreement (Lionbridge Technologies Inc /De/)
Delivery of Stock Certificates, etc. on Exercise. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within ten (10) days thereafter unless a determination of fair market value per share of Common Stock is required pursuant to Section 1.5 abovethereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the holder hereof, or any affiliate of such holder as such holder (upon payment by such holder of any applicable transfer taxes) may direct, a certificate or certificates for the number of fully paid and nonassessable shares of Common Stock (or Other Securitiesif such shares of Common Stock have been converted into Common Stock in accordance with the Company’s Certificate of Incorporation as then in effect, shares of Common Stock) to which such holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash equal to such fraction multiplied by the then current market value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such holder is entitled upon such exercise pursuant to Section 1 or otherwise.
Appears in 3 contracts
Samples: Warrant Agreement (Patient Infosystems Inc), Warrant Agreement (Careguide Inc), Warrant Agreement (Careguide Inc)
Delivery of Stock Certificates, etc. on Exercise. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within ten (10) business days thereafter unless a determination after delivery or surrender of fair market value per share all documents and instruments required to be delivered or surrendered to the Company for such exercise, including payment of Common Stock is required pursuant to Section 1.5 abovethe exercise price in cash in accordance with this Warrant, the Company at its own expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the holder Holder hereof, or any affiliate of such holder as such holder Holder (upon payment by such holder Holder of any applicable transfer taxes) may direct, a certificate or certificates for the number of fully paid and nonassessable non-assessable shares of Common Stock (or Other Securities) to which such holder Holder shall be entitled on upon such exercise, plus, in lieu of any fractional share to which such holder Holder would otherwise be entitled, cash equal to such fraction multiplied by the then current market value Market Price of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such holder Holder is entitled upon such exercise pursuant to Section 1 4 or otherwise.
Appears in 2 contracts
Samples: Warrant Agreement (ForceField Energy Inc.), Warrant Agreement (Grey Cloak Tech Inc.)
Delivery of Stock Certificates, etc. on Exercise. As soon as practicable after the exercise of this Warrant in full or in partWarrant, and in any event within ten (10) 10 business days thereafter unless a determination of fair market value per share of Common Stock is required pursuant to Section 1.5 abovethereafter, the Company at its expense (including the payment by it of any applicable issue or stamp taxes) will cause to be issued in the name of and delivered to the holder hereof, or any affiliate of such holder as such holder (upon payment by such holder of any applicable transfer taxestaxes and subject to applicable securities laws) may direct, a certificate or certificates for the number of fully paid and nonassessable shares of Common Series C Preferred Stock (or Other Securities) to which such holder shall be entitled on such exercise, in such denominations as may be requested by such holder, plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash equal to such fraction multiplied by the then current market value Fair Market Value (as determined in Section 3(b) above) of one full shareshare of Series C Preferred Stock, together with any other stock or other securities and property (including cash, where applicable) to which such holder is entitled upon such exercise pursuant to Section 1 2 or 3 hereof, or otherwise.
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Warrant (ClearStory Systems, Inc.), Series C Convertible Preferred Stock Purchase Warrant (ClearStory Systems, Inc.)
Delivery of Stock Certificates, etc. on Exercise. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within ten (10) days thereafter unless a determination of fair market value per share of Common Stock (and three (3) days if the Corporation is required pursuant to Section 1.5 abovepublicly owned at such time), the Company Corporation at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the holder hereofHolder, or any affiliate of such holder as such holder the Holder (upon payment by such holder the Holder of any applicable transfer taxes) may direct, a certificate or certificates for the number of fully paid and nonassessable shares of Common Stock (or Other Securities) to which such holder the Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder the Holder would otherwise be entitled, cash equal to such fraction multiplied by the then current market value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such holder the Holder is entitled upon such exercise pursuant to Section 1 or otherwise. In the event the certificate is not delivered within the time stated herein, the Corporation shall incur a per diem penalty equal to fifteen percent (15%) per annum of the fair market amount of the stock sought to be exercised.
Appears in 2 contracts
Samples: Warrant Agreement (Datametrics Corp), Series B Preferred Stock and Warrant Purchase Agreement (Datametrics Corp)
Delivery of Stock Certificates, etc. on Exercise. As soon as practicable after the exercise of this Warrant in full or in part, and in any event within ten (10) business days thereafter unless a determination after delivery or surrender of fair market value per share all documents and instruments required to be delivered or surrendered to the Company for such exercise, including payment of Common Stock is required pursuant to Section 1.5 abovethe exercise price in cash in accordance with this Warrant, the Company at its own expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the holder Holder hereof, or any affiliate of such holder as such holder Holder (upon payment by such holder Holder of any applicable transfer taxes) may direct, a certificate or certificates for the number of fully paid and nonassessable non-assessable shares of Common Stock (or Other Securities) to which such holder Holder shall be entitled on upon such exercise, plus, in lieu of any fractional share to which such holder Holder would otherwise be entitled, cash equal to such fraction multiplied by the then current market value Market Price of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such holder Holder is entitled upon such exercise pursuant to Section 1 5 or otherwise.
Appears in 1 contract
Samples: Subscription Agreement (Respect Your Universe, Inc.)