Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of each Warrant shall have the right to purchase from the Company on or after the Effective Date (the “Exercisability Date”) and on or prior to the Expiration Date one fully paid, registered and non-assessable Share, at the purchase price of $5.00 for each share purchased upon the exercise of the Warrants (the “Exercise Price”), in each case subject to adjustment in accordance with Article V hereof,.
(b) Warrants may be exercised on or after the Exercisability Date by (i) surrendering at any office or agency maintained for that purpose by the Company pursuant to Section 1.10 (each a “Warrant Exercise Office”) the Warrant Certificate evidencing such Warrants with the form of election to purchase Shares set forth on the reverse side of the Warrant Certificate (the “Election to Exercise”) duly completed and signed by the registered holder or holders thereof or by the duly appointed legal representative thereof or by a duly authorized attorney, and (ii) paying in full the Exercise Price for each such Warrant exercised and any other amounts required to be paid pursuant to Section 1.08(i) hereof. Each Warrant may be exercised only in whole.
(c) Simultaneously with the exercise of each Warrant, payment in full of the Exercise Price shall be made in cash or by certified or official bank check to be delivered to the office or agency where the Warrant Certificate is being surrendered. No payment or adjustment shall be made on account of any dividends on the Shares issued upon exercise of a Warrant.
(d) Upon such surrender of a Warrant Certificate and payment and collection of the Exercise Price at any Warrant Exercise Office (other than any Warrant Exercise Office that also is an office of the Warrant Agent), such Warrant Certificate and payment shall be promptly delivered to the Warrant Agent. The “Exercise Date” for a Warrant shall be the date when all of the items referred to in the first sentence of paragraphs (b) and (c) of this Section 2.02 are received by the Warrant Agent at or prior to 2:00 p.m., New York City, New York time, on a Business Day and the exercise of the Warrants will be effective as of such Exercise Date. If any items referred to in the first sentence of paragraphs (b) and (c) are received after 2:00 p.m., New York City, New York time, on a Business Day, the exercise of the Warrants to which such item relates will be effective on the next succeeding Business Day. Notwithstanding the for...
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of Warrants shall have the right to purchase from the Company on or after the date hereof (the "Exercisability Date") and on or prior to the Expiration Date 0.07267 fully paid and non-assessable Shares per each Warrant such holder owns, subject to adjustment in accordance with Article V hereof, at the initial purchase price of $1.00 for each Share purchased subject to adjustment in accordance with Article V hereof (the "Exercise Price").
(b) Warrants may be exercised on or after the Exercisability Date by (i) surrendering at any Warrant Agent Office the Warrant Certificate evidencing such Warrants with the form of election to purchase Shares set forth on the reverse side of the Warrant Certificate (the "Election to Exercise") duly completed and signed by the registered holder or holders thereof or by the duly appointed legal representative thereof or by a duly authorized attorney, and (ii) paying in full the Exercise Price for each such Share purchased and any other amounts required to be paid pursuant to Section 4.01 hereof.
(c) Simultaneously with the exercise of each Warrant, payment in full of the Exercise Price shall be made in cash or by certified or official bank check payable to the order of the Company, delivered to the office or agency where the Warrant Certificate is being surrendered. No payment or adjustment shall be made on account of any dividends on the Shares issued upon exercise of a Warrant.
(d) Upon such surrender of a Warrant Certificate and payment and collection of the Exercise Price at any Warrant Agent Office (other than any Warrant Agent Office that also is an office of the Warrant Agent), such Warrant Certificate and payment shall be promptly delivered to the Warrant Agent. The "Exercise Date" for a Warrant shall be the date when all of the items referred to in the first sentence of paragraphs (b) and (c) of this Section 2.02 are received by the Warrant Agent at or prior to 2:00 p.m., New York City time, on a Business Day and the exercise of the Warrants will be effective as of such Exercise Date. If any items referred to in the first sentence of paragraphs (b) and (c) are received after 2:00 p.m., New York City time, on a Business Day, the exercise of the Warrants to which such item relates will be effective on the next succeeding Business Day. Notwithstanding the foregoing, in the case of an exercise of Warrants on the Expiration Date (as defined in Section 2.01), if all...
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, each Preference Warrant shall entitle the registered holder thereof to purchase from the Company on any Business Day during the period beginning on the Preference Exercise Date and ending at 5:00 p.m., New York City time, on the Preference Expiration Date 110 fully paid, registered and non-assessable Preference Warrant Shares (and any other securities purchasable or deliverable upon exercise of such Preference Warrant as provided in Article V), subject to adjustment in accordance with Article V hereof, at the purchase price of $10.00 for each share purchased (the "Preference Exercise Price"). The number and amount of Preference Warrant Shares issuable upon exercise of a Preference Warrant (the "Preference Exercise Rate") at the Preference Exercise Price shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of a Warrant shall have the right to purchase from the Company on or after the Exercisability Date and on or prior to the close of business on the Expiration Date the number of fully paid, registered and non-assessable shares of Common Stock specified in Section 1.01, subject to adjustment in accordance with Article V hereof, at the purchase price of $0.01 for each share purchased (the "Exercise Price"). The number of Shares for which a particular Warrant may be exercised (the "Exercise Rate") shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of a Warrant shall have the right to purchase from the Company on or after the Exercisability Date and on or prior to the close of business on the Expiration Date 1,728,000 fully paid, registered and non-assessable Warrant Shares (and any other securities or property purchasable or deliverable upon exercise of such Warrant as provided in Article V), subject to adjustment in accordance with Article V hereof, at the purchase price of $0.01 for each share purchased (the "EXERCISE PRICE"). The number and amount of Warrant Shares issuable upon exercise of a Warrant (the "EXERCISE RATE") shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of Warrants shall have the right to purchase from the Company on or after the occurrence of an Exercise Event (the date of the occurrence of an Exercise Event, the "Exercisability Date") and on or prior to the close of business on the Expiration Date one (1) fully paid, registered and non-assessable Share, subject to adjustment in accordance with Article V hereof, at the purchase price of $.01 for each Warrant exercised (the "Exercise Price"). The number and kind of Shares for which a Warrant may be exercised (the "Exercise Rate") shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, after a Warrant is released from escrow in accordance with the terms and conditions of the Warrant Escrow Agreement a holder of a Warrant shall have the right to purchase from the Company on or after the date of its release and on or prior to the close of business on the Expiration Date one fully paid, registered and non-assessable share of Common Stock (and any other securities or property purchasable or deliverable upon exercise of such Warrant as provided in Article V), subject to adjustment in accordance with Article V hereof, at the purchase price of $0.01 for each share purchased (the "EXERCISE PRICE"). The number of Shares for which a particular Warrant may be exercised (the "EXERCISE RATE") shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, each Warrant shall entitle the registered holder thereof to purchase from the Company on any Business Day during the period beginning on the Exercise Date and ending at 5:00 p.m., New York City time, on the Expiration Date 1.7656 fully paid, registered and non-assessable Warrant Shares (and any other securities purchasable or deliverable upon exercise of such Warrant as provided in Article V), subject to adjustment in accordance with Article V hereof, at the purchase price of $9.125 for each share purchased (the "Exercise Price"). The number and amount of Warrant Shares issuable upon exercise of a Warrant (the "Exercise Rate") at the Exercise Price shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) ------------------------------------------------- Subject to the provisions of this Agreement, a holder of each Warrant shall have the right to purchase from the Company on or after the occurrence of an Exercise Event (the date of the occurrence of an Exercise Event, the "Exercise -------- Commencement Date") and on or prior to the close of business on the Expiration ----------------- Date fully paid, registered and nonassessable Warrant Shares, subject to adjustment in accordance with Article V hereof, (x) in the case of the Initial Warrants, 27.524674 and (y) in the case of the Contingent Warrants, according to the following formula: S x .08 ---- A = .92 ---------- N where: A = the number of shares each Contingent Warrant shall have the right to purchase S = the number of shares of Common Stock of the Company on a fully-diluted basis on August 15, 1999 (such number will not include shares issuable upon exercise of the Contingent Warrants) N = the aggregate principal amount of Notes outstanding on August 15, 1999 divided by 1000 in each case at the purchase price of $.25 for each Warrant exercised (the "Exercise Price"). The number of Warrant Shares for which a Warrant may be --------------- exercised (the "Exercise Rate") shall be subject to adjustment from time to ------------- time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of Warrants shall have the right to purchase from the Company (i) on and for 10 days following a Co-Sale Event the number of fully paid and non-assessable Shares which shall be included in a sale pursuant to Section 3 or 5 of the Co-Sale Agreement (and in no event greater than the number of Shares set forth in the applicable Warrant Certificate) and (ii) on or after the occurrence of an Exercise Event (the date of the occurrence of an Exercise Event or a Co-Sale Event, as applicable, an "EXERCISABILITY DATE") and on or prior to the close of business on the Expiration Date the number of fully paid, registered and non-assessable Shares set forth in the applicable Warrant Certificate, or, if a Co-Sale Event has occurred, and a holder of Warrants has exercised a Warrant with respect to less than all of the Shares set forth in the Warrant Certificate, such number of remaining Shares, in each case subject to adjustment in accordance with Article V hereof, at the purchase price of $.01 for each Share for which a Warrant is exercised (the "EXERCISE PRICE"). The number and kind of Shares for which a Warrant may be exercised (the "EXERCISE RATE") shall be subject to adjustment from time to time as set forth in Article V hereof.
