Easy Sale" Exercise. In lieu of the payment methods set forth in Section 2.1(b) above, when permitted by law and applicable regulations (including Nasdaq and NASD rules), the Holder may pay the Exercise Amount through a "same day sale" commitment from 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 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.
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Samples: Termination Agreement (Herbalife Ltd.), Termination Agreement (Herbalife Ltd.)
Easy Sale" Exercise. In lieu of the payment methods set forth -------------------- in Section 2.1(b) 10.2 above, when permitted by law and applicable regulations (including Nasdaq and NASD rules), the Holder holder hereof may pay the Exercise Amount through a "same day sale" commitment from the Holder 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 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 Holderholder hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Emachines Inc /De/), Warrant Agreement (Emachines Inc /De/)
Easy Sale" Exercise. In lieu of the payment methods set forth in Section 2.1(b2(a) above, when permitted by law and applicable regulations (including Nasdaq and NASD rules), the Holder may pay the Exercise Amount Price through a "same day sale" commitment from 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 irrevocably elects to exercise this Warrant and to sell at least that number of Shares so purchased to pay the Exercise Amount Price (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 Price directly to the Company, with any sale proceeds in excess of the Exercise Amount Price being for the benefit of the Holder.
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Easy Sale" Exercise. In lieu of the payment methods set forth in ------------------- Section 2.1(b) above, when permitted by law and applicable regulations (including Nasdaq and NASD rules), the Holder may pay the Exercise Amount through a "same day sale" commitment from 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 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.
Appears in 1 contract
Samples: Warrant Agreement (Logicvision Inc)
Easy Sale" Exercise. In lieu of the payment methods set forth in ------------------- Section 2.1(b2.1 (b) above, when permitted by law and applicable regulations (including Nasdaq and NASD rules), the Holder may pay the Exercise Amount through a "same day sale" commitment from 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 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.
Appears in 1 contract
Samples: Warrant Agreement (Logicvision Inc)
Easy Sale" Exercise. In lieu of the payment methods method set forth in Section 2.1(b1(a) above, when permitted by law and applicable regulations (including rules of Nasdaq and NASD rulesNational Association of Securities Dealers (“NASD”)), the Holder may pay the aggregate Exercise Amount Price (the “Exercise Amount”) through a "“same day sale" ” commitment from the Holder (and if applicable a broker-dealer that is a member of the National Association of Securities Dealers NASD (a "an “NASD Dealer"”)), whereby the Holder irrevocably elects to exercise this Warrant and to sell at least that number a portion of Shares the 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 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.
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