Common use of Delivery of Stock Certificates Clause in Contracts

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d). The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 7, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 8 contracts

Samples: Exercise Agreement (Hawker Energy, Inc.), Exercise Agreement (Hawker Energy, Inc.), Exercise Agreement (Hawker Energy, Inc.)

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Delivery of Stock Certificates. Upon receipt by the Company of the Exercise AgreementNotice of Exercise, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)4(a) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)4(d) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Notice of Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 76 hereof, such other Person’s name as shall be designated in the Exercise AgreementNotice of Exercise. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 5 contracts

Samples: Registration Rights Agreement (Exco Resources Inc), Exco Resources Inc, Exco Resources Inc

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise AgreementNotice, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section SECTION 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a copy of the share certificate or certificates representing the Warrant Shares issuable upon such exercise, with any appropriate transfer restrictions thereon, together with cash in lieu of any fraction of a share, as provided in Section SECTION 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement Notice and shall be registered in the name of the Holder or, subject to compliance with Section 7SECTION 6 below, such other Person’s name as shall be designated in the Exercise AgreementNotice. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 4 contracts

Samples: Shareholders’ Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Shareholders’ Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Shareholders’ Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d3(e). The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 75, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date. Notwithstanding anything to the contrary in this Section 3(d), the Warrant Shares may be issued in uncertificated or book-entry form, at the option of the Holder, with such uncertificated Warrant Shares being evidenced by a book position either on the Company’s share register or on the books of The Depository Trust Company, at the option of the Holder.

Appears in 4 contracts

Samples: Global Clean Energy Holdings, Inc., Global Clean Energy Holdings, Inc., Global Clean Energy Holdings, Inc.

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise AgreementNotice, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, with any appropriate transfer restrictions thereon, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate Certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement Notice and shall be registered in the name of the Holder or, subject to compliance with Section 76 below, such other Person’s name as shall be designated in the Exercise AgreementNotice. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 3 contracts

Samples: Biopharma Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Biopharma Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Biopharma Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d). The stock certificate or certificates so delivered shall bear such legends as the Company may require under applicable securities laws and shall be, to the extent possible, in such denomination or denominations as the exercising the Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 76, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 3 contracts

Samples: Exercise Agreement (Midland States Bancorp, Inc.), Exercise Agreement (Midland States Bancorp, Inc.), Plumas Bancorp

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this the Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)3.3 hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten three (103) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates (or deliver electronically) representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d). The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 72.4, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant The Warrants shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 3 contracts

Samples: Warrant Agreement, Warrant Agreement (Seaspan CORP), Warrant Agreement (Seaspan CORP)

Delivery of Stock Certificates. Upon With respect to any exercise of this Warrant Certificate by the Holder, upon receipt by the Company of the Exercise Agreement, surrender of this Warrant Documents and payment delivery of the Aggregate Exercise Price (in accordance with Section 3(a))Price, the Company shall, as promptly as reasonably practicable, and in any event within ten three (103) Business Days thereafterDays, execute (deliver in accordance with the terms hereof to or cause to be executed) and deliver (or cause to be delivered) to upon the order of the Holder a certificate or certificates representing the that number of Warrant Shares issuable upon for the portion of this Warrant Certificate so exercised on such exercisedate, together with cash in lieu of any fraction of a share, as provided in Section 3(d)3(e) below. The stock If such Warrant Shares are issued in certificated form, the Company shall deliver a certificate or certificates so delivered shall becertificates, to the extent possible, in such denomination or denominations representing the number of Warrant Shares as the exercising Holder shall reasonably request in the Exercise Agreement and Certificate. If such Warrant Shares are issued in uncertificated form, the Company shall be registered in deliver upon request a confirmation evidencing the name registration of the Holder orsuch shares. Except as otherwise provided herein, subject to compliance with Section 7, such other Person’s name as shall be designated in the Exercise Agreement. This upon any exercise hereof this Warrant Certificate shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 3 contracts

Samples: Credit Agreement (Pear Therapeutics, Inc.), Credit Agreement (Pear Therapeutics, Inc.), Credit Agreement (Thimble Point Acquisition Corp.)

Delivery of Stock Certificates. Upon receipt by the Company Warrant Agent of the Exercise Agreement, surrender of this the Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)3.3 hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten three (103) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates (or deliver electronically) representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)3.3(d) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 72.4, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant The Warrants shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 3 contracts

Samples: Fee Warrant Agreement (Exco Resources Inc), Commitment Fee Warrant Agreement (Exco Resources Inc), Lien Note Warrant Agreement (Exco Resources Inc)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this the Warrant and (except in the case of a cashless exercise pursuant to Section 3.03(b)(ii) of this Agreement) payment of the Aggregate Exercise Price (in accordance with Section 3(a)3.03 of this Agreement), the Company shall, as promptly as reasonably practicable, and in any event within ten three (103) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates (or deliver electronically) representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d). The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 72.04 of this Agreement, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant The Warrants shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 3 contracts

Samples: Warrant Agreement (Atlas Corp.), Warrant Agreement (Atlas Corp.), Warrant Agreement (Seaspan CORP)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 77 below, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 2 contracts

Samples: Avadim Health, Inc., Abraxas Petroleum Corp

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Warrant Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten three (103) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 77 below, such other Person’s 's name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 2 contracts

Samples: Warrant (Digital Domain Media Group, Inc.), Warrant (Digital Domain Media Group, Inc.)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise a Subscription Agreement, surrender of this Warrant (if, but only if, this Warrant is being exercised in full) and payment of the Aggregate Exercise Warrant Price (in accordance with Section 3(a)3.1 hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten three (103) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a shareWarrant Share, as provided in Section 3(d)3.4 hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and Warrant Shares shall be registered in the name of the Holder or, subject to compliance with Section 76.1 below, such other Person’s name as shall be designated in the Exercise Subscription Agreement. This Warrant shall be deemed to have been exercised (in whole or in part, as the case may be) and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 2 contracts

Samples: VBI Vaccines Inc/Bc, VBI Vaccines Inc/Bc

Delivery of Stock Certificates. Upon receipt compliance by the Company Holder with the provisions of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafterfollowing the Exercise Time, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing (i) in the case of an exercise in accordance with Section 3(a)(i), all of the Warrant Shares issuable upon such exerciseor (ii) in the case of an exercise in accordance with Section 3(a)(ii), together with cash all of the Warrant Shares not withheld in lieu payment of any fraction of a share, as provided in Section 3(d)the Aggregate Exercise Price. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 79, such other Person’s name as shall be designated by the Holder in the Exercise Agreementwriting. This Warrant shall be deemed to have been exercised and such certificate or certificates of representing Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of 5 P.M., Eastern time, on the Exercise Datedate of exercise.

Appears in 2 contracts

Samples: Securities Purchase Agreement (ACM Research, Inc.), ACM Research, Inc.

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)3.(a) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)3.(d) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 75 below, such other Person’s 's name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Twinlab Consolidated Holdings, Inc.

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 75 below, such other Person’s 's name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Twinlab Consolidated Holdings, Inc.

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise a Subscription Agreement, surrender of this Warrant (if, but only if, this Warrant is being exercised in full) and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten three (103) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Subscription Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 77 below, such other Person’s 's name as shall be designated in the Exercise Subscription Agreement. This Warrant shall be deemed to have been exercised (in whole or in part, as the case may be) and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.. 6 ny-1263898

Appears in 1 contract

Samples: Perceptive Advisors LLC

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 77 below, such other Person’s 's name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Series a Convertible Preferred Shares Purchase Agreement (1347 Property Insurance Holdings, Inc.)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant (in accordance with Section 3(a) hereof) and payment of the Aggregate Exercise Price (in accordance with Section 3(a)3(b) hereof) or cashless exercise (in accordance with Section 3(i) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) 30 Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such the exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such the denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 75 below, such any other Person’s 's name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such the certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such the Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: 2013 Noteholder Modification Agreement (Midwest Energy Emissions Corp.)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Warrant Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten fifteen (1015) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 75 below, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Israel Growth Partners Acquisition Corp.

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafterDays, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d). The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 7, such the other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such the certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such the Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Hawker Energy, Inc.

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d). The stock certificate or certificates so delivered shall bear such legends as the Company may require under applicable securities laws and shall be, to the extent possible, in such denomination or denominations as the exercising the Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 76, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: First Internet Bancorp

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a3(b)), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d). The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 76, such other Person’s 's name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 76) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Guardion Health Sciences, Inc.

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Delivery of Stock Certificates. Upon receipt by the Company of the Exercise AgreementNotice, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) or 3(c) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) 10 Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)3(g) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement Notice and shall be registered in the name of the Holder or, subject to compliance with Section 75 below, such other Person’s 's name as shall be designated in the Exercise AgreementNotice. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Notes and Warrants Purchase Agreement (Chinacast Education Corp)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise AgreementNotice of Exercise, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, be in such denomination or denominations as the exercising Holder shall reasonably request in the Notice of Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 76 below, such other Person’s 's name as shall be designated in the Exercise AgreementNotice of Exercise. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: MusclePharm Corp

Delivery of Stock Certificates. (i) Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafteron or before the applicable Delivery Deadline, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 77 below, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Exercise Agreement (Icagen, Inc.)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise AgreementNotice, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, with any appropriate transfer restrictions thereon, together with cash in lieu of ***Text Omitted and Filed Separately Confidential Treatment Requested Under 17 C.F.R. §§ 200.80(B)(4) and 230.406 any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate Certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement Notice and shall be registered in the name of the Holder or, subject to compliance with Section 76 below, such other Person’s name as shall be designated in the Exercise AgreementNotice. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Als Biopharma Agreement (Biohaven Research Ltd.)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise AgreementNotice, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten three (103) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement Notice and shall be registered in the name of the Holder or, subject to compliance with Section 75 below, such other Person’s name as shall be designated in the Exercise AgreementNotice. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: WHX Corp

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)2(c) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) five Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)2(f) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 76 below, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Stockholders Agreement (Athena Bitcoin Global)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)3(c) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 77 below, such other Person’s 's name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.. 3 CPAM: 9910021.10 EXHIBIT D-1

Appears in 1 contract

Samples: Securities Purchase Agreement (Peak Resorts Inc)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise a Subscription Agreement, surrender of this Warrant (if, but only if, this Warrant is being exercised in full) and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten three (103) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Subscription Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 77 below, such other Person’s name as shall be designated in the Exercise Subscription Agreement. This Warrant shall be deemed to have been exercised (in whole or in part, as the case may be) and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (VBI Vaccines Inc/Bc)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) 15 Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 76 below, such other Person’s 's name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Warrant (Principal Solar, Inc.)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)3(c) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 77 below, such other Person’s 's name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.. 3 CPAM: 9910021.10 EXHIBIT D-3

Appears in 1 contract

Samples: Securities Purchase Agreement (Peak Resorts Inc)

Delivery of Stock Certificates. Upon As promptly as practicable, and in any event within five Business Days after receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafter, shall execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, be in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 7, or such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Blackline, Inc.)

Delivery of Stock Certificates. (i) Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 78 below, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Avadim Health, Inc.

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten (10) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 77 hereof, such other Person’s name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 77 hereof) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Exercise Agreement (Alzamend Neuro, Inc.)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise Agreement, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) hereof), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, together with cash in lieu of any fraction of a share, as provided in Section 3(d)3(c) hereof. The stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement and shall be registered in the name of the Holder or, subject to compliance with Section 77 below, such other Person’s 's name as shall be designated in the Exercise Agreement. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Peak Resorts Inc)

Delivery of Stock Certificates. Upon receipt by the Company of the Exercise AgreementNotice, surrender of this Warrant and payment of the Aggregate Exercise Price (in accordance with Section 3(a)) of this Warrant), the Company shall, as promptly as reasonably practicable, and in any event within ten five (105) Business Days thereafter, execute (or cause to be executed) and deliver (or cause to be delivered) to the Holder a certificate or certificates representing the Warrant Shares issuable upon such exercise, in certificated or uncertificated book-entry form, together with cash in lieu of any fraction of a share, as provided in Section 3(d)) of this Warrant. The Any stock certificate or certificates so delivered shall be, to the extent possible, in such denomination or denominations as the exercising Holder shall reasonably request in the Exercise Agreement Notice and the Warrant Shares, whether in certificated or uncertificated book-entry form, shall be registered in the name of the Holder or, subject to compliance with Section 75 below, such other Person’s name as shall be designated in the Exercise AgreementNotice. This Warrant shall be deemed to have been exercised and such certificate or certificates of Warrant Shares shall be deemed to have been issued, and the Holder or (subject to compliance with Section 7) any other Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares for all purposes, as of the Exercise Date.

Appears in 1 contract

Samples: Stock Pledge Agreement (IDdriven, Inc.)

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