Exercise and Duration of Warrants. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after November 22, 2005 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective. (b) From and after November 22, 2005, 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 for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 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." The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares.
Appears in 4 contracts
Samples: Securities Agreement (Verso Technologies Inc), Securities Agreement (Verso Technologies Inc), Securities Agreement (Verso Technologies Inc)
Exercise and Duration of Warrants. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after November 22, 2005 the 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a 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"“Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below)exercised, 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any.
Appears in 4 contracts
Samples: Securities Agreement (Petro River Oil Corp.), Securities Agreement (Petro River Oil Corp.), Securities Agreement (Petro River Oil Corp.)
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in the manner set forth in Section 10 at any time and from time to time on or after November 22, 2005 to and including the Expiration Original Issue 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price for the number of Warrant Shares as to . The date on which this Warrant such exercise notice is being exercised (which may take the form of a "cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 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 not be required to deliver the original Warrant in order to effect an exercise hereunder. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.
Appears in 4 contracts
Samples: Warrant to Purchase Common Stock (Adicet Bio, Inc.), Underwriting Agreement (Adicet Bio, Inc.), Underwriting Agreement (Terns Pharmaceuticals, Inc.)
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by this Warrant at any time and from time to time on or after November 22, 2005 to and including the Expiration Original Issue 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "“cashless exercise" ” if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below), and the . The date on which such items are exercise notice is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.
Appears in 3 contracts
Samples: Subscription Agreement (Bellerophon Therapeutics, Inc.), Underwriting Agreement (KalVista Pharmaceuticals, Inc.), Underwriting Agreement (Aeglea BioTherapeutics, Inc.)
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in the manner set forth in Section 10 at any time and from time to time on or after November 22, 2005 to the Original Issue Date and through and including 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 value. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (which may will take the form of a "“cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time ” pursuant to Section 10 below), and the . The date on which such items are exercise notice is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.
Appears in 3 contracts
Samples: Underwriting Agreement (Atara Biotherapeutics, Inc.), Underwriting Agreement (Atara Biotherapeutics, Inc.), Underwriting Agreement (Atara Biotherapeutics, Inc.)
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in the manner set forth in Section 4(b) at any time and from time to time on or after November 22, 2005 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. Notwithstanding anything Original Issue Date subject to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effectivelimitations set forth in Section 11.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price (if applicable) in cash or immediately available funds (or pursuant to cashless exercise provisions in accordance herewith and with Section 10) for the number of Warrant Shares as to which this Warrant is being exercised (exercised. The date on which may take the form of a "cashless exercise" if so indicated in the such Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below), and the date such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.
Appears in 2 contracts
Samples: Exchange Agreement (CARGO Therapeutics, Inc.), Security Agreement (Milestone Pharmaceuticals Inc.)
Exercise and Duration of Warrants. (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 November 22, 2005 to and including the Expiration Original Issue 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "“cashless exercise" ” if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below), and the date on which the last of such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares.
Appears in 2 contracts
Samples: Underwriting Agreement (89bio, Inc.), Securities Purchase Agreement (ImmunoGen, Inc.)
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by this Warrant at any time and from time to time on or after November 22, 2005 to and including the Expiration Original Issue 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a The Holder may exercise this Warrant by delivering to the Company and the Depositary, as applicable, (i) an exercise notice, in the form attached as Schedule 1 hereto (the "EXERCISE NOTICE"“Exercise Notice”), appropriately completed and duly signed; (ii) a Letter of Transmittal to the Depositary in the form attached as Schedule 2, completed and duly signed; and (iiiii) payment of the Exercise Price for the number of Warrant Shares ADSs as to which this Warrant is being exercised (which may take the form of a "cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below)exercised, and the date on which the last of such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant SharesADSs, if any. An Exercise Notice must be issued for Warrants that have a minimum aggregate Exercise Price of the lesser of: (i) $50,000 or (ii) the balance of the total of the Warrants held by the holder.
Appears in 1 contract
Samples: Warrant Agreement (Mesoblast LTD)
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by this Warrant at any time and from time to time on or after November 22, 2005 to and including the Expiration Original Issue 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a The Holder may exercise this Warrant by delivering to the Company and the Depositary, as applicable, (i) an exercise notice, in the form attached as Schedule 1 hereto (the "EXERCISE NOTICE"“Exercise Notice”), appropriately completed and duly signed; (ii) a Letter of Transmittal to the Depositary in the form attached as Schedule 2, which may be updated by the Company from time to time as reasonably necessary, completed and duly signed; and (iiiii) payment of the Exercise Price for the number of Warrant Shares ADSs as to which this Warrant is being exercised (which may take the form of a "cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below)exercised, and the date on which the last of such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant SharesADSs, if any. An Exercise Notice must be issued for Warrants that have a minimum aggregate Exercise Price of the lesser of: (i) $50,000 or (ii) the balance of the total of the Warrants held by the holder.
Appears in 1 contract
Samples: Warrant Agreement (Mesoblast LTD)
Exercise and Duration of Warrants. (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 November 22, 2005 to and including the Expiration Original Issue Date. At 6:30 P.M., New York City time on the Expiration Date, the portion of The rights represented by this Warrant not exercised prior thereto shall be and become void and of have no value. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effectivetermination date.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "“cashless exercise" ” if so indicated in the Exercise Notice and if a "“cashless exercise" ” may occur at such time pursuant to Section 10 below), and the date on which the last of such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares.
Appears in 1 contract
Samples: Warrant Amendment Agreement (Idera Pharmaceuticals, Inc.)
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in the manner set forth in Section 10 at any time and from time to time on or after November 22, 2005 to the Original Issue Date and through 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price for the number of Warrant Shares as to . The date on which this Warrant such exercise notice is being exercised (which may take the form of a "cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 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 not be required to deliver the original Warrant in order to effect an exercise hereunder. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.
Appears in 1 contract
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in the manner set forth in Section 4(b) at any time and from time to time on or after November 22, 2005 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. Notwithstanding anything Original Issue Date subject to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.limitations set forth in Section 11.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price (if applicable) in cash or immediately available funds (or pursuant to cashless exercise provisions in accordance herewith and with Section 10) for the number of Warrant Shares as to which this Warrant is being exercised (exercised. The date on which may take the form of a "cashless exercise" if so indicated in the such Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below), and the date such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.
Appears in 1 contract
Samples: Securities Agreement (Milestone Pharmaceuticals Inc.)
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by this Warrant at any time and from time to time on or after November 22, 2005 to and including the Expiration Original Issue 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a The Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, notice in the form attached as Schedule 1 hereto (the "EXERCISE NOTICE"“Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "“cashless exercise" ” if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below), and the . The date on which such items are exercise notice is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.
Appears in 1 contract
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by this Warrant at any time and from time to time on or after November 22, 2005 to and including the Expiration Original Issue 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a The Holder may exercise this Warrant by delivering to the Company and the Depositary, as applicable, (i) an exercise notice, in the form attached as Schedule 1 hereto (the "EXERCISE NOTICE"“Exercise Notice”), appropriately completed and duly signed; (ii) a Letter of Transmittal to the Depositary in the form attached as Schedule 2, completed and duly signed; and (ii) payment of the Exercise Price for the number of Warrant Shares ADSs as to which this Warrant is being exercised (which may take the form of a "cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below)exercised, and the date on which the last of such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant SharesADSs, if any. An Exercise Notice must be issued for Warrants that have a minimum aggregate Exercise Price of the lesser of: (i) $50,000 or (ii) the balance of the total of the Warrants held by the holder.
Appears in 1 contract
Samples: Warrant Agreement (Mesoblast LTD)
Exercise and Duration of Warrants. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after November 22, 2005 the date hereof to and including the Expiration DateDate provided that the representations and warranties set forth in Section 14 are true, and that the covenants set forth in Section 14 have been satisfied, at the time of such exercise. At 6:30 P.M., New York City Eastern time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a 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 for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below)exercised, 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. Execution Upon the execution and delivery of the Exercise Notice Notice, the Company shall have the same effect as cancellation of the original Warrant and issuance of issue a New Warrant to the Holder evidencing the right to purchase the remaining number of Warrant Shares.
(c) The Company shall have a sufficient number of authorized but unissued and otherwise unreserved shares of Common Stock available to issue the Warrant Shares upon exercise of the Warrant.
Appears in 1 contract
Exercise and Duration of Warrants. (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 November 22, 2005 to and including the Expiration Original Issue Date. At 6:30 P.M., New York City time on the Expiration Date, the portion of The rights represented by this Warrant not exercised prior thereto shall be and become void and of have no value. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effectivetermination date.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "“cashless exercise" ” if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below), and the date on which the last of such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares.
Appears in 1 contract
Samples: Warrant Amendment Agreement (Idera Pharmaceuticals, Inc.)
Exercise and Duration of Warrants. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after November 22, 2005 the 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a 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"“Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price to the Company’s account designated for the purpose for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below)exercised, 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares.
Appears in 1 contract
Samples: Securities Agreement (Sibling Group Holdings, Inc.)
Exercise and Duration of Warrants. (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after November 22, 2005 the date hereof to and including the Expiration Date, provided, that the representations and warranties set forth in Section 17 are true, and that the covenants set forth in Section 17 have been satisfied, at the time of such exercise. At 6:30 5:00 P.M., New York City Eastern time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a 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 for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "cashless exercise" if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below)exercised, 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. Execution Upon the execution and delivery of the Exercise Notice Notice, the Company shall have the same effect as cancellation of the original Warrant and issuance of issue a New Warrant to the Holder evidencing the right to purchase the remaining number of Warrant Shares.
(c) The Company shall have a sufficient number of authorized but unissued and otherwise unreserved shares of Common Stock available to issue the Warrant Shares upon exercise of the Warrant.
Appears in 1 contract
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in any manner permitted by this Warrant at any time and from time to time on or after November 22, 2005 to and including the Expiration Date. At 6:30 P.M., New York City time on the Expiration Original Issue Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value. Notwithstanding anything subject to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effectiverestrictions set forth in Section 11 hereof.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "“cashless exercise" ” if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below), and the date on which the last of such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any. The aggregate exercise price of this Warrant, except for the Exercise Price, was pre-funded to the Company on or before the Original Issue Date, and consequently no additional consideration (other than the Exercise Price) shall be required by to be paid by the Holder to effect any exercise of this Warrant. The Holder shall not be entitled to the return or refund of all, or any portion, of such pre-funded exercise price under any circumstance or for any reason whatsoever.
Appears in 1 contract
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in the manner set forth in Section 10 at any time and from time to time on or after November 22, 2005 to and including the Expiration Original Issue 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. Notwithstanding anything to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effective.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a "“cashless exercise" ” if so indicated in the Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below), and the date on which the last of such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.
Appears in 1 contract
Samples: Underwriting Agreement (Cibus, Inc.)
Exercise and Duration of Warrants. (a) This All or any part of this Warrant shall be exercisable by the registered Holder in the manner set forth in Section 10 at any time and from time to time on or after November 22, 2005 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. Notwithstanding anything Original Issue Date subject to the contrary herein, the Expiration Date shall be extended for each day following November 22, 2005 that the Registration Statement is not effectivelimitations set forth in Section 11.
(b) From and after November 22, 2005, a 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, and (ii) payment of the Exercise Price (if applicable) in cash or immediately available funds (or pursuant to cashless exercise provisions in accordance herewith) for the number of Warrant Shares as to which this Warrant is being exercised (exercised. The date on which may take the form of a "cashless exercise" if so indicated in the such Exercise Notice and if a "cashless exercise" may occur at such time pursuant to Section 10 below), and the date such items are is 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. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares, if any. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.
Appears in 1 contract
Samples: Security Agreement (Milestone Pharmaceuticals Inc.)