Common use of Escrow of Warrant Stock Clause in Contracts

Escrow of Warrant Stock. If after any property becomes distributable pursuant to this Section 4 by reason of the taking of any record of the holders of Common Stock, but prior to the occurrence of the event for which such record is taken, any Warrant Holder exercises Warrants, any Additional Shares of Common Stock issuable upon exercise of such Warrant by reason of such adjustment shall be deemed the last shares of Common Stock for which such Warrant is exercised (notwithstanding any other provision to the contrary herein), and such shares or other property shall be held in escrow for a Warrant Holder by the Issuer to be issued to such Warrant Holder upon and to the extent that the event actually takes place, upon payment of the balance, if any, of the Warrant Price for such Warrant at such date (after taking into account any overpayment of the Warrant Price made at any time of the initial Warrant exercise). Notwithstanding any other provision to the contrary herein, if the event for which such record was taken fails to occur or is rescinded, then such escrowed shares shall be canceled by the Issuer and escrowed property returned.

Appears in 2 contracts

Samples: Warrant Agreement (Brigham Exploration Co), Warrant Agreement (Brigham Exploration Co)

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Escrow of Warrant Stock. If after any property becomes distributable pursuant to this Section 4 by reason of the taking of any record of the holders of Common Preferred Stock, but prior to the occurrence of the event for which such record is taken, any Warrant the Holder exercises Warrantsthis Warrant, any Additional Shares shares of Common Preferred Stock otherwise issuable upon exercise of this Warrant because of an adjustment to the Warrant Share Number or the Warrant Price resulting from such Warrant by reason of such adjustment event shall be deemed the last shares of Common Preferred Stock for which such this Warrant is exercised (notwithstanding any other provision to the contrary herein), ) and such shares or other property shall be held in escrow for a Warrant the Holder by the Issuer to be issued to such Warrant the Holder upon and to the extent that the event actually takes place, upon payment of the balance, if any, of the Warrant Price for such Warrant at such date (after taking into account any overpayment of the Warrant Price made at any time of the initial Warrant exercise)then-current Exercise Price. Notwithstanding any other provision to the contrary herein, if the event for which such record was taken fails to occur or is rescinded, then such escrowed shares shall be canceled cancelled by the Issuer and escrowed property returned.

Appears in 1 contract

Samples: Warrant Agreement (Bioforce Nanosciences Holdings, Inc.)

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Escrow of Warrant Stock. If after any property becomes distributable pursuant to this Section 4 by reason of the taking of any record of the holders of Common Stock, but prior to the occurrence of the event for which such record is taken, any Warrant Holder exercises Warrants, any Additional Shares of Common Stock issuable upon exercise of such Warrant by reason of such adjustment shall be deemed the last shares of Common Stock for which such Warrant is exercised (notwithstanding any other provision to the contrary herein), ) and such shares or other property shall be held in escrow for a Warrant Holder by the Issuer DeepTech to be issued to such Warrant Holder upon and to the extent that the event actually takes place, upon payment of the balance, if any, of the Warrant Price for such Warrant at such date (after taking into account any overpayment of the Warrant Price made at any the time of the initial Warrant exercise). Notwithstanding any other provision to the contrary herein, if the event for which such record was taken fails to occur or is rescinded, then such escrowed shares shall be canceled cancelled by the Issuer DeepTech and escrowed property returned.

Appears in 1 contract

Samples: Warrant Agreement (Deeptech International Inc)

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