Easy Sale" Exercise. In lieu of the payment methods set forth -------------------- in Section 10.2 above, when permitted by law and applicable regulations (including Nasdaq and NASD rules), the holder hereof may pay the Exercise Amount through a "same day sale" commitment from such holder (and if applicable a broker-dealer that is a member of the National Association of Securities Dealers (a "NASD Dealer")), whereby the holder irrevocably elects to exercise this Warrant and to sell at least that number of shares so purchased to pay the Exercise Amount (and up to all of the shares so purchased) and the Holder (or, if applicable, the NASD Dealer) commits upon sale (or, in the case of the NASD Dealer, upon receipt) of such shares to forward the Exercise Amount directly to the Company, with any sale proceeds in excess of the Exercise Amount being for the benefit of the holder hereof.
Appears in 2 contracts
Samples: Emachines Inc /De/, Emachines Inc /De/
Easy Sale" Exercise. In lieu of the payment methods set forth -------------------- in Section 10.2 2.1(b) above, when permitted by law and applicable regulations (including Nasdaq and NASD rules), the holder hereof Holder may pay the Exercise Amount through a "same day sale" commitment from such holder the Holder (and if applicable a broker-dealer that is a member of the National Association of Securities Dealers (a "NASD Dealer")), whereby the holder Holder irrevocably elects to exercise this Warrant and to sell at least that number of shares Shares so purchased to pay the Exercise Amount (and up to all of the shares Shares so purchased) and the Holder (or, if applicable, the NASD Dealer) commits upon sale (or, in the case of the NASD Dealer, upon receipt) of such shares Shares to forward the Exercise Amount directly to the Company, with any sale proceeds in excess of the Exercise Amount being for the benefit of the holder hereofHolder.
Appears in 2 contracts
Samples: Termination Agreement (Herbalife Ltd.), Termination Agreement (Herbalife Ltd.)
Easy Sale" Exercise. In lieu of the payment methods set forth -------------------- in Section 10.2 2(a) above, when permitted by law and applicable regulations (including Nasdaq and NASD rules), the holder hereof Holder may pay the Exercise Amount Price through a "same day sale" commitment from such holder the Holder (and if applicable a broker-dealer that is a member of the National Association of Securities Dealers (a "NASD Dealer")), whereby the holder Holder irrevocably elects to exercise this Warrant and to sell at least that number of shares Shares so purchased to pay the Exercise Amount Price (and up to all of the shares Shares so purchased) and the Holder (or, if applicable, the NASD Dealer) commits upon sale (or, in the case of the NASD Dealer, upon receipt) of such shares Shares to forward the Exercise Amount Price directly to the Company, with any sale proceeds in excess of the Exercise Amount Price being for the benefit of the holder hereofHolder.
Appears in 1 contract
Samples: East West Bancorp Inc
Easy Sale" Exercise. In lieu of the payment methods set forth -------------------- in ------------------- Section 10.2 2.1(b) above, when permitted by law and applicable regulations (including Nasdaq and NASD rules), the holder hereof Holder may pay the Exercise Amount through a "same day sale" commitment from such holder the Holder (and if applicable a broker-dealer that is a member of the National Association of Securities Dealers (a "NASD Dealer")), whereby the holder Holder irrevocably elects to exercise this Warrant and to sell at least that number of shares Shares so purchased to pay the Exercise Amount (and up to all of the shares Shares so purchased) and the Holder (or, if applicable, the NASD Dealer) commits upon sale (or, in the case of the NASD Dealer, upon receipt) of such shares Shares to forward the Exercise Amount directly to the Company, with any sale proceeds in excess of the Exercise Amount being for the benefit of the holder hereofHolder.
Appears in 1 contract
Samples: Logicvision Inc
Easy Sale" Exercise. In lieu of the payment methods set forth -------------------- in ------------------- Section 10.2 2.1 (b) above, when permitted by law and applicable regulations (including Nasdaq and NASD rules), the holder hereof Holder may pay the Exercise Amount through a "same day sale" commitment from such holder the Holder (and if applicable a broker-dealer that is a member of the National Association of Securities Dealers (a "NASD Dealer")), whereby the holder Holder irrevocably elects to exercise this Warrant and to sell at least that number of shares Shares so purchased to pay the Exercise Amount (and up to all of the shares Shares so purchased) and the Holder (or, if applicable, the NASD Dealer) commits upon sale (or, in the case of the NASD Dealer, upon receipt) of such shares Shares to forward the Exercise Amount directly to the Company, with any sale proceeds in excess of the Exercise Amount being for the benefit of the holder hereofHolder.
Appears in 1 contract
Samples: Logicvision Inc