Exercisability of Warrant. Subject to the terms and conditions set forth herein, this Warrant is immediately exercisable. The Company shall not, prior to the Expiration Date, take any action which would have the effect of preventing or disabling the Company from delivering the Warrant Shares to the Warrantholder upon exercise of this Warrant or otherwise performing the Company's obligations under this Warrant.
Exercisability of Warrant. (a) The number of shares of Common Stock issuable pursuant to this Warrant are fully vested.
Exercisability of Warrant. This Warrant shall become immediately exercisable.
Exercisability of Warrant. Subject to the terms and conditions set forth herein, this Warrant shall be exercisable during the term commencing on the date hereof and ending at 5:00 p.m., Pacific Standard Time, on , 2113 (the “Warrant Expiration Date”). At any time prior to the Warrant Expiration Date, this Warrant may be exercised in whole or in part, cumulatively as to that percentage of the Warrant Shares equal to the quotient obtained by dividing the largest unpaid principal balance outstanding under the Note on any date subsequent to the date set forth on page 8 below by $30,000,000; provided, however, that this Warrant shall become exercisable as to all of the remaining Warrant Shares (a) if prior to the first business day in March, 2005, the Company has not requested to borrow monies from Holder under the Note such that if Holder had acceded to such requests the largest unpaid principal balance under the Note from the date of the Note through the first business day in March, 2005, would be $30,000,000 or (b) if, prior to the first business day in March, 2005, either the Company conducts an initial public offering of its stock registered with the SEC or all or substantially all of the assets of the Company or more than eighty percent (80%) of the outstanding stock of the Company is sold, including via merger, to a person or entity other than Cypress or an affiliate of Cypress as the term affiliate is defined in SEC Rule 405.
Exercisability of Warrant. This Warrant is not immediately exercisable, and will become exercisable with respect to that number of shares of Warrant Stock as follows:
2.1.1 On each Determination Date, this Warrant shall become exercisable as to a number of shares of Warrant Stock equal to (x) the number of Eligible Living Units which, on such date, are (A) subject to a Service Area Plan and (B) Commercially Deployed, multiplied by (y) two. On or following a Determination Date, the Registered Holder shall provide the Company with a certificate, executed by either the Chief Executive Officer or Chief Financial Officer of the Registered Holder, setting forth in detail its calculation of such number of residences, which determination shall be conclusive unless disputed by the Company. In the event that the Company shall dispute such determination, the Company shall, within three business days of its receipt of the Registered Holder's certificate, give written notice to the Registered Holder, setting forth in detail the basis of its dispute. In the event of such a dispute, no shares of Warrant Stock shall become exercisable in connection with such Determination Date until both the Company and the Registered Holder shall have resolved such dispute to their mutual satisfaction. For the avoidance of doubt, shares of Warrant Stock exercisable prior to such Determination Date shall continue to be exercisable regardless of any such dispute.
2.1.2 If, between January 1, 1999 and December 31, 1999, the Initial Registered Holder enters into a binding purchase agreement to acquire additional Living Units in the Los Angeles area from one or more cable operators, excluding any acquired Living Units in respect of which any cable operator has received equity securities of the Company (including warrants and other exercisable or convertible securities) (the "1999 ACQUIRED HOMES"), either this Warrant or the Second Warrant (if such Second Warrant has been issued) shall, on the appropriate Determination Date, become exercisable as to a number of shares of Warrant Stock equal to (x) the number of 1999 Acquired Homes which are (A) subject to a Service Area Plan and (B) Commercially Deployable, multiplied by (y) two. The certification and dispute provisions of Section 2.1.1 shall also apply to the exercisability of shares of Warrant Stock under this Section 2.1.
2.1.3 In no event shall the number of shares of Warrant Stock exercisable pursuant to Sections 2.1.1 and 2.1.2 of this Warrant exceed 2,630,000.
Exercisability of Warrant. This Warrant shall become exercisable only if the Market Price (as defined below) per share of Common Stock, par value $0.01 per share, of the Company is at least $40.00 on at least twenty (20) out of thirty (30) consecutive days during which the national securities exchanges are open for trading.
Exercisability of Warrant. (a) This Warrant shall vest in full upon its issuance. The Warrant is exercisable, in whole or in part, at any time from the Grant Date as follows: (i) 5,000,000 Shares shall become exercisable on January 1, 2005; (ii) 5,000,000 Shares shall become exercisable on January 1, 2006; (iii) 5,000,000 Shares shall become exercisable on January 1, 2007; (iv) 10,000,000 Shares shall become exercisable on January 1, 2008; (v) 10,000,000 Shares shall become exercisable on January 1, 2009; (vi) 65,000,000 Shares shall become exercisable on January 1, 2010;
(b) In the event that a Dispute exists as of any Determination Date, if the Warrantholder shall contact the Company within ten (10) business days after receipt of Notice (the "10-Day Cure Period") to schedule a meeting to occur within the 10-Day Cure Period during which the parties will work together to cure such Dispute (and such meeting is actually held during such 10-Day Cure Period other than through no fault of the Warrantholder or other than as mutually agreed by the parties), those shares which would have become exercisable on such Determination Date but for such Dispute shall become exercisable unless such Dispute becomes the basis for termination of the Strategic Relationship Agreement in accordance with Section 4(b)(ii) thereof. Notwithstanding anything herein to the contrary, the Warrant will not become exercisable with respect to such Shares due to become exercisable on a Determination Date if, on or as of such Determination Date, the Strategic Relationship Agreement has been or is terminated in accordance with its terms. In addition, if the Term (as defined in the Strategic Relationship Agreement) of the Strategic Relationship Agreement is extended in accordance with Section 4(f) thereof, any Shares that have not yet become exercisable shall immediately thereafter become exercisable.
(c) If, at any time of exercise, the Warrantholder does not purchase all of the Shares to which the Warrantholder is entitled under this Agreement, the Warrantholder has the right thereafter to purchase any such Shares not so purchased and such right shall continue without an expiration date. The Warrant shall only be exercisable in respect of whole Shares, and, in lieu of fractional interests, the Company shall pay the Warrantholder a sum in cash equal to such fraction multiplied by the then-effective Exercise Price. Certificates for Shares so purchased, together with any other securities or property to which the Warranth...
Exercisability of Warrant. This Warrant shall become exercisable on the six month anniversary of the Closing Date (the "Vesting Date"). Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Underwriting Agreement, dated April [_], 2014, by and among the Company and the Underwriters.
Exercisability of Warrant. This Warrant shall be exercisable for ------------------------- all or any portion of the shares of Common Stock set forth above, provided that this Warrant shall not be exercisable unless and until (1) the Warrantholder has given prior written notice to the Company that this Warrant shall become exercisable on and after a specified date (the "Exercise Commencement Date") which must be at least sixty-one (61) days following the giving of such written notice, and (2) this Warrant may not be exercised at any time when the Fair Market Value (as defined and determined in Section 2 of this Warrant) is not equal to or greater than the Warrant Price.
Exercisability of Warrant. This Warrant shall become exercisable on the six month anniversary of the Base Date (the “Vesting Date”). For purposes of this Warrant, the “Base Date” shall mean October 11, 2013. Except as otherwise provided for herein or as permitted by applicable rules of the Financial Industry Regulatory Authority (“FINRA”), this Warrant shall not be sold, transferred, assigned, pledged or hypothecated.
