Duration and Exercise of Warrants. (a) This Warrant shall be exercisable by the registered Holder on any business day before 5:00 P.M. (Pacific Time) at any time and from time to time on or after January 27, 2006 to and including the Expiration Date. At 5:00 P.M. (Pacific Time) on the Expiration Date, the portion of this Warrant not exercised prior thereto shall expire and become void and of no value. Prior to the Expiration Date, the Company may not call or otherwise redeem this Warrant.
(b) Subject to Section 10, upon delivery of an executed Form of Election to Purchase, together with the grid attached hereto as Annex A duly completed and signed, to the Company at its address for notice set forth in Section 12 and upon payment of the Exercise Price multiplied by the number of Warrant Shares that the Holder intends to purchase hereunder, in the manner provided hereunder, all as specified by the Holder in the Form of Election to Purchase, the Company shall promptly (but in no event later than 5 business days after the Date of Exercise (as defined herein)) issue or cause to be issued and cause to be delivered to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate for the Warrant Shares issuable upon such exercise, which may bear a restrictive legend as set forth in Section 7. To effect an exercise hereunder, the Holder shall not be required to physically surrender this Warrant to the Company unless all the Warrant Shares have been exercised. Exercises hereunder shall have the effect of lowering the number of Warrant Shares in an amount equal to the applicable exercise, which shall be evidenced by entries set forth on the attached Annex A. The Holder and the Company shall maintain records showing the number of Warrant Shares exercised and the date of such exercises. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following exercise of a portion of this Warrant, the number of shares issuable upon exercise of this Warrant may be less than the amount stated on the face hereof.
Duration and Exercise of Warrants. (a) This Warrant shall be exercisable by the registered Holder on any business day before 5:30 P.M., New York City time, at any time and from time to time on or after the date hereof to and including the Expiration Date. At 5:30 P.M., New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value. This Warrant may not be redeemed by the Company.
(b) Subject to Sections 2(b), 6 and 11, upon surrender of this Warrant, with the Form of Election to Purchase attached hereto duly completed and signed, to the Company at its address for notice set forth in Section 11 and upon payment of the Exercise Price multiplied by the number of Warrant Shares that the Holder intends to purchase hereunder, in lawful money of the United States of America, in cash or by certified or official bank check or checks, all as specified by the Holder in the Form of Election to Purchase, the Company shall promptly (but in no event later than 3 business days after the Date of Exercise (as defined herein)) issue or cause to be issued and cause to be delivered to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate for the Warrant Shares issuable upon such exercise, free of restrictive legends other than as required by the Purchase Agreement of even date herewith between the Holder and the Company. Any person so designated by the Holder to receive Warrant Shares shall be deemed to have become holder of record of such Warrant Shares as of the Date of Exercise of this Warrant.
Duration and Exercise of Warrants. All terms with respect to duration and exercise of Warrants will be established pursuant to Section 1.03 for each series of Warrants.
Duration and Exercise of Warrants. Section 2.01.
Duration and Exercise of Warrants. (a) The Warrants shall expire at 5:00 p.m. E.S.T. on August 2, 2001 which is the fifth anniversary of the issue date of the Warrants by the Company (such expiration date hereafter referred to as the "Expiration Date"). The Company may, in its sole discretion, extend the Expiration Date upon notice thereof to the Warrant Agent. Each Warrant may be exercised on any business day prior to the close of business on the Expiration Date by delivery of the Warrant to the Warrant Agent no later than the Expiration Date and by satisfaction of the other terms and conditions as set forth herein.
(b) No fractional shares shall be issued upon surrender of a Warrant for exercise but, in lieu of fractional shares, the Company shall pay to the registered holder of a surrendered Warrant, as soon as practicable after the date of surrender, an amount in cash obtained by multiplying the current market value of a share by the fraction of the share to which such Warrant relates. The current market value of a share shall be (i) if the common stock is listed on a national securities exchange or admitted to unlisted trading privileges on such an exchange, the last reported sale price of a share of common stock on such exchange on the last business day prior to the date of the exercise of the Warrant or if no such sale is made on such day, the average of the closing bid and asked prices of a share on such exchange; (ii) if the common stock is included on the National Association of Securities Dealers Automated Quotation System ("NASDAQ"), the last sale price reported by NASDAQ on the last business day prior to the date of exercise of the Warrant or if last sale prices of the common stock are not so reported, the average of the closing bid and asked prices of a share for such day reported by NASDAQ; (iii) if the common stock is not listed or admitted to unlisted trading privileges on an exchange, or included on NASDAQ, the average of the highest reported bid and lowest reported asked prices of a share as furnished by the National Quotation Bureau on the last business day prior to the date of exercise of the Warrant; or (iv) in all other cases, an amount determined in such reasonable manner as may be prescribed by the Board of Directors of the Company.
(c) Subject to the provisions of this Agreement, including Section 6(e) and 12 hereof, the holder of a Warrant shall have the right to purchase from the Company (and the Company shall issue and sell to that holder) the number of fully pa...
Duration and Exercise of Warrants. (a) The initial purchase price for the Initial Warrant Shares, commencing as of the date hereof, shall be $4.25 per share of Common Stock, which purchase price shall hereafter be subject to adjustment as provided in Section 3 hereof. Except as the context otherwise requires, the term "Purchase Price" as used in this Warrant Agreement shall mean the Purchase Price per share of Common Stock then in effect as of the relevant date and shall reflect all adjustments made in accordance with the provisions of Section 3 hereof. "Aggregate Purchase Price" means the aggregate purchase price payable for the shares of Common Stock purchasable under this Warrant Agreement.
Duration and Exercise of Warrants. Warrants evidenced by a Warrant Certificate shall be exercisable in whole or in part by the registered holder thereof on any Business Day after the Distribution Date and on or before 5:00 PM, New York City time, on the Expiration Date. b Upon presentation to the Corporation at the Warrant Office of the Warrant Certificate evidencing the Warrants to be exercised, with the form of election to purchase attached thereto duly completed, signed by the Warrant Holder, and upon payment of an amount equal to the product of: i0 the Exercise Price per Share; and ii0 the number of Warrant Shares being purchased, in lawful money of the United States of America, the Corporation shall issue and cause to be delivered to or upon the written order of the registered holders of such Warrants and in such name or names as such registered holder may designate, a certificate for the Warrant Share or Warrant Shares issued upon such exercise of the Warrants being exercised. Any Persons so designated to be named therein shall be deemed to have become Warrant Holders of record of such Warrant Share or Warrant Shares as of the date of exercise of such Warrants. Any Persons so designated to be named therein shall be deemed to have become holders of record of such Warrant Share or Warrant Shares as of the date of exercise of such Warrants.
Duration and Exercise of Warrants. SECTION 2.01. Duration of Warrants; Minimum Exercise Amounts; Exercise Notice...................................... 11 SECTION 2.02. Exercise, Valuation and Delivery of Warrants................................ 12
Duration and Exercise of Warrants. Section 6 of the Warrant Agreement is hereby further amended to delete therefrom subsection (f) in its entirety and to substitute therefor a new subsection (f) to read as follows:
Duration and Exercise of Warrants. (a) This Warrant (or the applicable portion thereof if the Holder converts less than all of such Holder's shares of Series B Preferred Stock) shall be exercisable by the registered Holder on any business day before 5:00 P.M., Minneapolis, Minnesota time, at any time and from time to time on or after the date the Holder converts all (or a portion, as applicable) of such Holder's Series B Preferred Stock issued in connection with this Warrant, to and including the Expiration Date. At 5:00 P.M., Minneapolis, Minnesota time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value. Except as set forth in Section 13 hereof, this Warrant may not be redeemed by the Company.
(b) Subject to provisions elsewhere contained in this Warrant, upon surrender of this Warrant, with the Form of Election to Purchase attached hereto duly completed and signed, to the Company at its address for notice as set forth in Section 11 hereof, and upon payment of the Exercise Price multiplied by the number of Warrant Shares that the Holder intends to purchase hereunder, in lawful money of the United States of America, in cash or by certified or official bank check or checks, all as specified by the Holder in the Form of Election to Purchase, the Company shall promptly (but in no event later than five business days after the Date of Exercise (as defined herein)) issue or cause to be issued and cause to be delivered to the Holder and in such name or names as the Holder may designate, a certificate for the Warrant Shares issuable upon such exercise. Any person so designated by the Holder to receive Warrant Shares shall be deemed to have become holder of record of such Warrant Shares as of the Date of Exercise of this Warrant.
