Common use of Exercise and Duration of Warrant Clause in Contracts

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the Holder at any time and from time to time on or after the Initial Exercise Date to and including the Expiration Date. At 6:30 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. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercise. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Energous Corp), Securities Agreement (Energous Corp), Securities Agreement (Energous Corp)

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Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Exercisable Date to and through and including the Expiration Date. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the Exercise Notice”), appropriately completed and duly signedsigned by the Holder, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is shall be referred to as an Exercise Date.” ”. The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 5 contracts

Samples: Securities Purchase Agreement (EZTD Inc), Warrant Agreement (EZTrader Inc.), Common Stock Purchase Warrant (EZTrader Inc.)

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after the Initial Exercise Date date hereof to and including the Expiration Date. At 6:30 P.M., 5:00 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; provided that, if the Closing Price on the Expiration Date exceeds the Exercise Price on the Expiration Date, then this Warrant shall be deemed to have been exercised in full (to the extent not previously exercised) on a “cashless exercise” basis at 5:00 p.m. New York City time on the Expiration Date; provided further that, Company shall have no liability to Holder for any losses resulting from any such deemed exercise. (b) The A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto as Exhibit B (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, exercised (which may take the form of a “cashless exercise” if applicable, an election so indicated in the Exercise Notice and if a “cashless exercise” may occur at such time pursuant to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise10 below), and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 5 contracts

Samples: Warrant Agreement (Global Telecom & Technology, Inc.), Warrant Agreement (Global Telecom & Technology, Inc.), Warrant Agreement (Global Telecom & Technology, Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Exercisable Date to and through and including the Expiration DateTime. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the Exercise Notice”), appropriately completed and duly signed, and (ii) ii payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an Exercise DateDate .” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 5 contracts

Samples: Common Stock Purchase Warrant (Win Global Markets, Inc.), Common Stock Purchase Warrant (RPG FS Acquisition LTD), Common Stock Purchase Warrant (Win Gaming Media, Inc.)

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after the Initial Exercise Date date hereof to and including the Expiration Date. At 6:30 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; provided that, if the average of the Closing Prices for the five Trading Days immediately prior to (but not including) the Expiration Date exceeds the Exercise Price on the Expiration Date, then this Warrant shall be deemed to have been exercised in full (to the extent not previously exercised) on a "cashless exercise" basis (if then permitted) at 6:30 P.M. New York City time on the Expiration Date. (b) The A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”"EXERCISE NOTICE"), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, exercised (which may take the form of a "cashless exercise" if applicable, an election so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to net exercise this Warrant as provided in Section 3(d10 below) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date"EXERCISE DATE." The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 4 contracts

Samples: Securities Agreement (Citizens Inc), Securities Agreement (Citizens Inc), Securities Agreement (Citizens Inc)

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after the Initial Exercise Date date hereof to and including the Expiration Date. At 6:30 P.M., 18:30 (New York City time time) on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value; provided that, if the average of the Closing Prices for the five Trading Days immediately prior to (but not including) the Expiration Date exceeds the Exercise Price on the Expiration Date, then this Warrant shall be deemed to have been exercised in full (to the extent not previously exercised) on a “cashless exercise” basis at 18:30 (New York City time) on the Expiration Date if a “cashless exercise” may occur at such time pursuant to Section 10 below. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following the Effective Date of the initial Registration Statement that such Registration Statement is not effective. (b) The A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto on Annex A (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, exercised (which may take the form of a “cashless exercise” if applicable, an election so indicated in the Exercise Notice and if a “cashless exercise” may occur at such time pursuant to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise10 below), and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 4 contracts

Samples: Warrant Agreement (Rexahn Pharmaceuticals, Inc.), Warrant Agreement (Rexahn Pharmaceuticals, Inc.), Warrant Agreement (Rexahn Pharmaceuticals, Inc.)

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable exercisable, either in its entirety or for a portion of the number of Warrant Shares, by the registered Holder at any time and from time to time on or from and after the Initial Exercise Date to and including the Expiration Date. At 6:30 P.M., 5:00 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, and the Holder hereof shall have no right to purchase any additional Warrant Shares hereunder. (b) The A Holder may exercise this Warrant by delivering to the Company Company, in accordance with Section 13, this Warrant, together with (i) an exercise notice, in the form attached hereto as Appendix B (the “Exercise Notice”"EXERCISE NOTICE"), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant exercised (as provided set forth in Section 3(d4(c) hereof for the number Warrant Shares to be acquired in connection with such exercisebelow), and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested received by the Company in lieu of such original Warrant in connection with any such exercise. is an "EXERCISE DATE." Execution and delivery of the an Exercise Notice in respect of less than all of the Warrant Shares issuable upon exercise of this Warrant shall have result in the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for The Holder shall pay the Warrant Shares upon exercise may be made Exercise Price in cash, by (i) a certified bank check payable to the Company’s order, (ii) order of the Company or by wire transfer of immediately available funds in accordance with the Company's instructions. (d) Except as otherwise provided for herein, this Warrant shall not entitle the Holder to any voting rights or other rights as a stockholder of the Company by virtue of the ownership hereof. (e) Notwithstanding anything to the contrary herein, after the sixth (6th) month anniversary of the date hereof, the Company may, by written notice to the Holder, require that the Holder execute and deliver to the Company an Exercise Notice exercising all of the Warrant Shares then held by such Holder within twenty Business Days of the date of the Company's notice; provided, however, that the Company may only provide such notice if the daily volume weighted average price per share of the Common Stock for each of the ten consecutive trading days ended immediately prior to the Company's notice is equal to or greater than the Exercise Price multiplied by 1.5. At 5:00 P.M. New York City time on such 20th Business Day, (iii) by net exercise as provided in Section 3(d) hereofthe portion of this Warrant not exercised prior thereto shall be and become void and of no value, or (iv) and the Holder hereof shall have no right to purchase any combination of the foregoingadditional Warrant Shares hereunder.

Appears in 4 contracts

Samples: Warrant Agreement (Biopure Corp), Warrant Agreement (Biopure Corp), Warrant Agreement (Biopure Corp)

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the Holder at any time and from time to time on or after the Initial Earliest Exercise Date to and including the Expiration Date. At 6:30 P.M., New York City time time, on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercise. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for This Warrant shall not be exercisable through the making of a cash payment of the Exercise Price, but instead the Holder may only exercise this Warrant Shares upon exercise may be made by (i) a check payable converting this Warrant into shares of Common Stock, in which event the Company will issue to the Company’s order, (ii) wire transfer Holder the number of funds shares of Common Stock equal to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of amount resulting from the foregoing.following equation:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Energous Corp), Securities Purchase Agreement (Dialog Semiconductor PLC), Securities Purchase Agreement (Energous Corp)

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after the Initial Exercise Effective Date to and including the Expiration Date. At 6:30 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. (b) The A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, exercised (which may take the form of a “cashless exercise” if applicable, an election so indicated in the Exercise Notice and if a “cashless exercise” may occur at such time pursuant to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise10 below), and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 3 contracts

Samples: Settlement Agreement (Arena Pharmaceuticals Inc), Exchange Agreement (Arena Pharmaceuticals Inc), Securities Agreement (Arena Pharmaceuticals Inc)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Exercisable Date to and through and including the Expiration Date. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the Exercise Notice”), appropriately completed and duly signedsigned by the Holder, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise shall be referred to as an”Exercise Date.” ”. The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 3 contracts

Samples: Securities Purchase Agreement (EZTD Inc), Common Stock Purchase Warrant (EZTD Inc), Common Stock Purchase Warrant (Win Global Markets, Inc.)

Exercise and Duration of Warrant. (a) This Warrant shall may be exercisable by the registered Holder with regard to the Warrant Shares, at any time and from time to time on commencing May 1, 2010, provided, however that the Warrant Shares so exercised are vested. The Warrant shall be exercisable until the earlier of (i) the termination date of the MP Agreement, or after the Initial Exercise Date to and including the Expiration Date. At 6:30 (ii) 5:00 P.M., New York City time on the May 1, 2018 (“Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value”). (b) The A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in notice (a copy of which can be obtained from the form attached hereto (the “Exercise Notice”Company’s secretary), appropriately completed and duly signed, delivered or by facsimile, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, exercised and the date such items are delivered to received by the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercise. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant New Warrant evidencing the right to purchase Common Stockthe remaining number of Warrant Shares, if any. (c) The Holder shall pay the Exercise Price in substantially cash, by certified bank check payable to the form order of the Company or by wire transfer of immediately available funds in accordance with the Company’s instructions (d) This Warrant is exercisable, either in its entirety or, from time to time, during its duration, for a portion of the number of Warrant Shares, subject to Section 3 and 4 above. Upon surrender of this Warrant (any such new warrantfollowing one or more partial exercises, the Company shall issue or cause to be issued, at its expense, a New Warrant”), Warrant evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 3 contracts

Samples: Warrant Agreement (On Track Innovations LTD), Warrant Agreement (On Track Innovations LTD), Warrant Agreement (On Track Innovations LTD)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by this Section 4 at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M., New York City time on the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto as Exhibit A (the “Exercise Notice”), appropriately completed and duly signed, and (ii) if such Holder is not utilizing the cashless exercise provisions set forth in this Warrant, payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, . The Holder shall be required to deliver the original Warrant in order to effect an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the hereunder. The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercise. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 3 contracts

Samples: Warrant Agreement (Reticulate Micro, Inc.), Warrant Agreement (Reticulate Micro, Inc.), Warrant Agreement (Reticulate Micro, Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant Shares upon exercise may be made by (i) a check payable pursuant to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) terms hereof, or (iv) any combination of the foregoing.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Link Resources Inc.), Warrant Agreement (Link Resources Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Exercisable Date to and through and including the Expiration DateTime. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the Exercise Notice”), appropriately completed and duly signed, and (ii) if such Holder is not utilizing the cashless exercise provisions set forth in this Warrant, payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an Exercise DateDate .” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 2 contracts

Samples: Warrant Agreement (Pluristem Therapeutics Inc), Warrant Agreement (Pluristem Therapeutics Inc)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time until, and from time to time on or after the Initial Exercise Trigger Date to and including including, 5:30 P.M. New York City time, on the Expiration Date. At 6:30 5:30 P.M., New York City time time, on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and no longer outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached as Schedule 1 hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, exercised (which may take the form of a “cashless exercise” if applicable, an election so indicated in the Exercise Notice and if a “cashless exercise” may occur at such time pursuant to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the 10 below). The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The delivery by (or on behalf of) the Holder of the Exercise Notice and the applicable Exercise Price as provided above shall constitute the Holder’s certification to the Company that its representations contained in Section 2.1(c), (d) and (e) of the Agreement are true and correct as of the Exercise Date as if remade in their entirety. The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 2 contracts

Samples: Warrant Agreement (Echo Therapeutics, Inc.), Warrant Agreement (Echo Therapeutics, Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in the manner permitted by Section 10 of this Warrant and as set forth below at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M., New York City time on the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered, then such exercise shall constitute an undertaking by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in with respect of to less than all of the Warrant Shares issuable upon exercise of this Warrant hereof shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for Notwithstanding anything contained herein to the contrary, if, after the Original Issue Date, there is no effective registration statement covering the Warrant Shares upon within the time frames set forth in the Confidential Private Placement Memorandum pursuant to which this Warrant is issued, the holder of this Warrant may, at its election exercised in its sole discretion, exercise may this Warrant in whole or in part and, in lieu of making the cash payment otherwise contemplated to be made by (i) a check payable to the Company’s orderCompany upon such exercise in payment of the aggregate exercise price, (ii) wire transfer elect instead to receive upon such exercise the “Net Number” of funds shares of Common Stock determined according to the Company, following formula (iii) by net exercise as provided in Section 3(d) hereof, or a “Cashless Exercise”): Net Number = (iv) any combination of the foregoing.A x (B - C))/B

Appears in 2 contracts

Samples: Warrant Agreement (Weikang Bio-Technology Group Co., Inc.), Warrant Agreement (Weikang Bio-Technology Group Co., Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Exercisable Date to and through and including the Expiration Date. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the Exercise Notice”), appropriately completed and duly signedsigned by the Holder, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is shall be referred to as an "Exercise Date.” ”. The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 2 contracts

Samples: Warrant Agreement (EZTD Inc), Warrant Agreement (EZTD Inc)

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the Holder at any time and from time to time on or after the Initial Exercise Date date hereof to and including the Expiration Date. At 6:30 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. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached as SCHEDULE 1 hereto (the “Exercise Notice”"EXERCISE NOTICE"), appropriately completed and duly signed, (ii) if the Holder is exercising the Warrant other than pursuant to a "cashless exercise", a signed letter substantially in the form attached as SCHEDULE 3 hereto, and (iiiii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, exercised (which may take the form of a "cashless exercise" if applicable, an election so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exerciseSECTION 10 below), and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date"EXERCISE DATE." The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder. The Holder shall, however, be entitled to effect the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercise. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for Shares by notice to the Company at any time during which the Warrant Shares upon exercise may be made by (i) a check payable is in transit to or from the Company or in the possession of the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 2 contracts

Samples: Securities Agreement (North American Palladium LTD), Securities Agreement (North American Palladium LTD)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by this Section 4 at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M., New York City time on the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, . The Holder shall be required to deliver the original Warrant in order to effect an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the hereunder. The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercise. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant Shares upon exercise may be made by (i) a check payable pursuant to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) terms hereof, or (iv) any combination of the foregoing.

Appears in 2 contracts

Samples: Warrant Agreement (RxBids), Warrant Agreement (RxBids)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Original Exercisability Date to and through and including the Expiration Date. At 6:30 P.M.Subject to Section 11 hereof, at 5:00 p.m., New York City time time, on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and no longer outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) if such Holder is not utilizing the cashless exercise provisions set forth in this Warrant, payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 2 contracts

Samples: Warrant to Purchase Common Stock (Antares Pharma, Inc.), Warrant to Purchase Common Stock (Antares Pharma, Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by this Section 4 at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M., New York City time on the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) if such Holder is not utilizing the cashless exercise provisions set forth in this Warrant, payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, . The Holder shall be required to deliver the original Warrant in order to effect an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the hereunder. The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercise. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Common Shares Purchase Warrant (RoyaLand Co Ltd.)

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the Holder at any time and from time to time on or after the Initial Exercise Date to and including the Expiration Date. At 6:30 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. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof cash for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercise. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Securities Agreement (Concur Technologies Inc)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Exercisable Date to and through and including the Expiration DateTime. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the "Exercise Notice"), appropriately completed and duly signed, and (ii) ii payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an "Exercise DateDate ." The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Warrant Agreement (Win Gaming Media, Inc.)

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Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after the Initial Exercise Date date hereof to and including the Expiration Date. At 6:30 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. (b) The A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, exercised (which may take the form of a “cashless exercise” if applicable, an election so indicated in the Exercise Notice and if a “cashless exercise” may occur at such time pursuant to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise10 below), and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Securities Agreement (Arena Pharmaceuticals Inc)

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after the Initial Exercise Date to and including the Expiration Date. At 6:30 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. (b) The A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, exercised (which may take the form of a “cashless exercise” if applicable, an election so indicated in the Exercise Notice and only if a “cashless exercise” may occur at such time pursuant to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise9 below), and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder; provided, however, that in the event that this Warrant is exercised in full or for the remaining unexercised portion hereof, the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by this Warrant to the Company in lieu of such original Warrant in connection with any for cancellation within a reasonable time after such exercise. Execution In the event of a partial exercise of this Warrant, execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Warrant Agreement (chatAND, Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant, or any New Warrant that may have been previously issued, in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant, or any New Warrant that may have been previously issued, and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant Shares upon exercise may be made by (i) a check payable pursuant to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) terms hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (China Broadband Inc)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by this Section 4 at any time and from time to time on or after the Initial Exercise Original Issue Date to and including but not after the Expiration DateTime. At 6:30 P.M., New York City time on If this Warrant has not been exercised prior to the Expiration DateTime, the portion of this Warrant not exercised prior thereto it shall become and be void without further force or effect, and become void all rights represented hereby shall cease and of no valueexpire. (b) The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(dand (iii) hereof the original Warrant. A facsimile or PDF signature of the Holder on the Exercise Notice shall be sufficient for purposes of execution of the number Warrant Shares to be acquired in connection with such exercise, and the Exercise Notice. The date such items as set forth in (i), (ii) and (iii) above are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercise. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for The Company will not close its shareholder books or records in any manner which prevents the timely exercise of this Warrant Shares upon exercise may be made by (i) a check payable pursuant to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) terms hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Warrant Agreement (Taoping Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 4 of this Warrant at any time and from time to time on or after the Initial Exercise Vesting Date to and through and including the Expiration DateTime. At 6:30 P.M., New York City time on the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant, or any New Warrant that may have been previously issued, in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant, or any New Warrant that may have been previously issued, and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant Shares upon exercise may be made by (i) a check payable pursuant to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) terms hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (You on Demand Holdings, Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in the manner permitted by Section 10 of this Warrant and as set for the below at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M., New York City time on the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered, then such exercise shall constitute an undertaking by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in with respect of to less than all of the Warrant Shares issuable upon exercise of this Warrant hereof shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant Shares upon exercise may be made by (i) a check payable pursuant to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) terms hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Warrant Agreement (China Carbon Graphite Group, Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant Shares upon exercise may be made by (i) a check payable pursuant to the Company’s orderterms hereof. (d) Under no circumstances will the Company be required to net cash settle the Warrants, the exercise of the Warrants or the Common Stock issuable upon the exercise of the Warrants; provided, however, that, such restriction shall not apply to the Registration Delay Payments (iias defined in Section 2(e) wire transfer of funds to the Registration Rights Agreement, dated February 9, 2011, by and between the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoingHolder and the other parties thereto).

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Tanke Biosciences Corp)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Sections 4 and 10 of this Warrant at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant Shares upon exercise may be made by (i) a check payable pursuant to the Company’s orderterms hereof. (d) Under no circumstances will the Company be required to net cash settle the Warrants, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoingWarrants or the Common Stock issuable upon the exercise of the Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Eastgate Acquisitions Corp)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Original Exercisability Date to and through and including the Expiration DateTime. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an Exercise DateDate .” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Warrant Agreement (Rodobo International Inc)

Exercise and Duration of Warrant. (a) This a. All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 4 of this Warrant at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M., New York City time on the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) b. The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant, or any New Warrant that may have been previously issued, in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant, or any New Warrant that may have been previously issued, and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for c. The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant Shares upon exercise may be made by (i) a check payable pursuant to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) terms hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Securities Purchase Agreement (You on Demand Holdings, Inc.)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Original Exercisability Date to and through and including the Expiration DateTime. At 6:30 P.M., New York City time on the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) if such Holder is not utilizing the cashless exercise provisions set forth in this Warrant, payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.Date ..” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Warrant Agreement (Pluristem Therapeutics Inc)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Sections 4 and 10 of this Warrant at any time and from time to time on or after the Initial Exercise Original Issue Date to and through and including the Expiration DateTime. At 6:30 P.M., New York City time on the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company Company: (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment by wire transfer of immediately available funds to an account designated by the Company of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for The Company will not close its stockholder books or records in any manner which prevents the timely exercise of this Warrant Shares upon exercise may be made by (i) a check payable pursuant to the Company’s orderterms hereof. (d) Under no circumstances will the Company be required to net cash settle the Warrants, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoingWarrants or the Common Stock issuable upon the exercise of the Warrants.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (U.S. Rare Earths, Inc)

Exercise and Duration of Warrant. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by Section 10 of this Warrant at any time and from time to time on or after the Initial Exercise Original Exercisability Date to and through and including the Expiration DateTime. At 6:30 P.M.Subject to Section 11 hereof, New York City time on at the Expiration DateTime, the portion of this Warrant not exercised prior thereto shall be and become void and of no valuevalue and this Warrant shall be terminated and shall no longer be outstanding. (b) The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) if such Holder is not utilizing the cashless exercise provisions set forth in this Warrant, payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, if applicable, an election to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise, and the . The date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise DateDate .” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless hereunder, but if it is not so delivered then such exercise shall constitute an agreement by the Holder shall to deliver an affidavit of loss or such other documentation reasonably requested by the original Warrant to the Company in lieu of such original Warrant in connection with any such exerciseas soon as practicable thereafter. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. (c) Payment for the Warrant Shares upon exercise may be made by (i) a check payable to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing.

Appears in 1 contract

Samples: Warrant Agreement (Pluristem Therapeutics Inc)

Exercise and Duration of Warrant. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after the Initial Exercise Date to and including the Expiration Date. At 6:30 5:00 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. (b) The A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price in a form specified in Section 3(c) hereof for the number of Warrant Shares as to which this Warrant is being exercised, or, exercised (which may take the form of a “cashless exercise” if applicable, an election so indicated in the Exercise Notice and only if a “cashless exercise” may occur at such time pursuant to net exercise this Warrant as provided in Section 3(d) hereof for the number Warrant Shares to be acquired in connection with such exercise10 below), and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder unless the Holder shall deliver an affidavit of loss or such other documentation reasonably requested by the Company in lieu of such original Warrant in connection with any such exercisehereunder. Execution and delivery of the Exercise Notice in respect of less than all the Warrant Shares issuable upon exercise of this Warrant shall have the same effect as cancellation of the original Warrant and issuance of a new warrant to purchase Common Stock, in substantially the form of this New Warrant (any such new warrant, a “New Warrant”), evidencing the right to purchase the remaining number of Warrant Shares. . At the Company’s discretion, the Company, may, by written notice, require the Holder to furnish the Exercise Notice and/or other related documentation, directly to the Transfer Agent (c) Payment for the Warrant Shares upon exercise may be made by (i) with a check payable copy to the Company’s order, (ii) wire transfer of funds to the Company, (iii) by net exercise as provided in Section 3(d) hereof, or (iv) any combination of the foregoing).

Appears in 1 contract

Samples: Security Agreement (Silicom LTD)

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