Common use of Exercise Generally Clause in Contracts

Exercise Generally. This Warrant may be exercised in whole or in part, at any time or from time to time during the period commencing on the date hereof and expiring at 5:00 p.m. Eastern Time on the seventh anniversary of the date hereof (the "Expiration Date") or, if such day is Saturday, Sunday or other day on which banking institutions in New York are authorized by law to close, then on the next succeeding day (any day other than a Saturday, Sunday or other day on which banking institutions in New York are authorized by law to close, a "Business Day"). Exercise of this Warrant shall be effected by presentation and surrender of this Warrant to the Company at its principal office, or at the office of its stock transfer agent, if any, with the Warrant Exercise Form attached hereto duly executed and accompanied by payment of the Exercise Price for the number of shares specified in such form and instruments of transfer, if appropriate, duly executed by the Holder or its duly authorized attorney. Such payment shall be made in cash or by certified or official bank check payable to the order of the Company or by wire transfer of funds to an account designated by the Company for such purpose. If this Warrant should be exercised in part only, the Company shall upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the shares purchasable hereunder. Upon receipt by the Company at its office of this Warrant, together with the Exercise Price, or by the stock transfer agent of the Company at such agent's office, in proper form for exercise, the Company shall issue and cause to be delivered within a reasonable time, not to exceed 15 calendar days, to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of Warrant Shares issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued, and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares, as of the date of the surrender of this Warrant, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder or designee. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of Warrant Shares on exercise of this Warrant.

Appears in 4 contracts

Samples: CMS Energy Corp, CMS Energy Corp, CMS Energy Corp

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Exercise Generally. This The rights represented by this Warrant are issued pursuant to and for the reasons set forth in the Warrant Issuance Agreement dated March 9, 2005, among the Company, Castle Creek Capital, LLC and Union Acceptance Corporation. Subject to the conditions hereinafter set forth, this Warrant may be exercised in whole or in partpart (but not as to any fractional share of Common Stock), at any time or from time to time during the period commencing on Exercise Period, but in no event subsequent to the date hereof and expiring at 5:00 p.m. Eastern Time on the seventh anniversary end of the date hereof (Exercise Period, by the "Expiration Date") or, if such day is Saturday, Sunday or other day on which banking institutions in New York are authorized by law to close, then on the next succeeding day (any day other than a Saturday, Sunday or other day on which banking institutions in New York are authorized by law to close, a "Business Day"). Exercise of this Warrant shall be effected by presentation and surrender of this Warrant (with the exercise notice at the end hereof duly completed and executed) at the principal office of the Company in Indianapolis, Indiana, and upon payment to the Company at its principal officeCompany, or at for the office account of its stock transfer agentthe Company, if any, with of the Warrant Exercise Form attached hereto duly executed and accompanied by payment Price. Payment of the Exercise Price for the number of shares specified in such form and instruments of transfer, if appropriate, duly executed by the Holder or its duly authorized attorney. Such payment shall may be made (i) by cash in cash immediately available funds or by certified check or official bank check payable to the order of the Company draft or (ii) in kind, by wire transfer of funds to an account designated by the Company for such purpose. If this Warrant should be exercised electing in part only, writing that the Company shall withhold the number Underlying Shares otherwise issuable upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the rights exercise of the Holder thereof to purchase the balance of the shares purchasable hereunder. Upon receipt by the Company at its office of this Warrant, together with the fair value of which Underlying Shares at the time of such exercise and election is equal to the Exercise Price. This Warrant and all rights and options hereunder shall expire at the Expiration Date, or by and shall be wholly null and void to the stock transfer agent extent this Warrant is not exercised before that time. The Company agrees that the Warrant Shares shall be and shall be deemed to be issued to the Holder hereof as the record owner of such Warrant Shares as of the Company at close of business on the date on which this Warrant shall have been surrendered and payment made for such agent's office, in proper form shares as aforesaid. Certificates for exercise, the Company Warrant Shares shall issue and cause to be delivered to the Holder hereof within a reasonable time, not to exceed 15 calendar daysexceeding 30 Business Days, to or upon after the written order of the Holder and in such name or names as the Holder may designateWarrant shall have been so exercised, and, unless this Warrant has expired, a certificate or certificates for new Warrant representing the number of Warrant Shares issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued, and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Underlying Shares, as of the date of the surrender of if any, with respect to which this Warrant, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then have been exercised shall also be actually delivered issued to the Holder or designee. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of Warrant Shares on exercise of this Warranthereof within such time.

Appears in 2 contracts

Samples: Warrant Issuance Agreement (White River Capital Inc), Warrant Issuance Agreement (White River Capital Inc)

Exercise Generally. This Warrant may be exercised in whole or in part, at any time time, or from time to time during the period commencing on the date hereof and expiring at 5:00 p.m. Eastern Time on the seventh anniversary of the date hereof ________, 2003 (the "Expiration Date") or, if such day is Saturday, Sunday or other a day on which banking institutions in New York are authorized by law to close, then on the next succeeding day (any day other than that shall not be such a Saturdayday, Sunday or other day on which banking institutions in New York are authorized by law to close, a "Business Day"). Exercise of this Warrant shall be effected by presentation and surrender of this Warrant to the Company at its principal office, or at the office of its stock transfer agent, if any, with the Warrant Exercise Form attached hereto duly executed and accompanied by payment (either in cash or by certified or official bank check, payable to the order of the Company) of the Exercise Price for the number of shares specified in such form and instruments of transfer, if appropriate, duly executed by the Holder or its duly authorized attorney. Such payment shall be made in cash or by certified or official bank check payable to the order of the Company or by wire transfer of funds to an account designated by the Company for such purpose. If this Warrant should be exercised in part only, the Company shall shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the shares purchasable hereunder. Upon receipt by the Company at its office of this Warrant, together with the Exercise Price, at its office, or by the stock transfer agent of the Company at such agent's its office, in proper form for exercise, the Company Holder shall issue and cause be deemed to be delivered within a reasonable time, not to exceed 15 calendar days, to or upon the written order holder of record of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number shares of Warrant Shares Common Stock issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued, and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares, as of the date of the surrender of this Warrant, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shares of Common Stock shall not then be actually delivered to the Holder or designeeHolder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of Warrant Shares shares of Common Stock on exercise of this Warrant.

Appears in 1 contract

Samples: Form of Stock Purchase Agreement (Big Entertainment Inc)

Exercise Generally. This Warrant may be exercised in whole or in part, at any time time, or from time to time during the period commencing on the date hereof and expiring at 5:00 p.m. Eastern Time p.m., eastern time, on the seventh third anniversary of the date hereof (the "Expiration Date") (or, if such day is Saturday, Sunday or other a day on which banking institutions in New York are authorized by law to close, then on the next succeeding day (any day other than that shall not be such a Saturday, Sunday or other day on which banking institutions in New York are authorized by law to close, a "Business Day"). Exercise of this Warrant shall be effected day) by presentation and surrender of this Warrant to the Company at its principal office, or at the office of its stock transfer agent, if any, with a copy of the Warrant Exercise Form marked as Annex A attached hereto duly executed and accompanied by payment (either in cash or by certified or official bank check, payable to the order of the Company) of the Exercise Price for the number of shares Warrant Shares specified in such form and with any appropriate instruments of transfer, if appropriate, transfer duly executed by the Holder or its duly authorized attorney. Such payment shall be made in cash or by certified or official bank check payable to the order of the Company or by wire transfer of funds to an account designated by the Company for such purpose. If this Warrant should be exercised in part only, the Company shall shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the shares Warrant Shares purchasable hereunder. Upon receipt by the Company at its office of this Warrant, together with the Exercise Price, at its office, or by the stock transfer agent of the Company at such the stock transfer agent's office, in proper form for exercise, the Company Holder shall issue and cause be deemed to be delivered within a reasonable time, not to exceed 15 calendar days, to or upon the written order holder of record of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of Warrant Shares issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued, and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares, as of the date of the surrender of this Warrant, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shares of shall not then be actually delivered to the Holder or designeeHolder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of Warrant Shares shares of Common Stock on exercise of this Warrant.

Appears in 1 contract

Samples: Big Entertainment Inc

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Exercise Generally. This Warrant may be exercised in whole or in part, at any time time, or from time to time during the period commencing on the date hereof Launch Date and expiring at 5:00 p.m. Eastern Time p.m., eastern time, on the seventh tenth anniversary of the date hereof Launch Date (the "Expiration DateEXPIRATION DATE") (or, if such day is Saturday, Sunday or other a day on which banking institutions in New York are authorized by law to close, then on the next succeeding day (any day other than that shall not be such a Saturday, Sunday or other day on which banking institutions in New York are authorized by law to close, a "Business Day"). Exercise of this Warrant shall be effected day) by presentation and surrender of this Warrant to the Company at its principal office, or at the office of its stock transfer agent, if any, with a copy of the Warrant Exercise Form marked as Annex A attached hereto duly executed and accompanied by payment (either in cash or by certified or official bank check, payable to the order of the Company) of the Exercise Price for the number of shares Warrant Shares specified in such form and with any appropriate instruments of transfer, if appropriate, transfer duly executed by the Holder or its duly authorized attorney. Such payment shall be made in cash or by certified or official bank check payable to the order of the Company or by wire transfer of funds to an account designated by the Company for such purpose. If this Warrant should be exercised in part only, the Company shall shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the shares Warrant Shares purchasable hereunder. Upon receipt by the Company at its office of this Warrant, together with the Exercise Price, at its office, or by the stock transfer agent of the Company at such the stock transfer agent's office, in proper form for exercise, the Company Holder shall issue and cause be deemed to be delivered within a reasonable time, not to exceed 15 calendar days, to or upon the written order holder of record of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of Warrant Shares issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued, and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares, as of the date of the surrender of this Warrant, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shares shall not then be actually delivered to the Holder or designeeHolder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of Warrant Shares shares of Common Stock on exercise of this Warrant. As used herein, "LAUNCH DATE" means the first date on which the Portuguese-language AOL Proprietary Service is operational and commercially available in Brazil.

Appears in 1 contract

Samples: Warrant (Big Entertainment Inc)

Exercise Generally. This Warrant may be exercised in whole or in part, at any time time, or from time to time during the period commencing on the date hereof and expiring at 5:00 p.m. Eastern Time p.m., eastern time, on the seventh fifth anniversary of the date hereof (the "Expiration DateEXPIRATION DATE") (or, if such day is Saturday, Sunday or other a day on which banking institutions in New York are authorized by law to close, then on the next succeeding day (any day other than that shall not be such a Saturday, Sunday or other day on which banking institutions in New York are authorized by law to close, a "Business Day"). Exercise of this Warrant shall be effected day) by presentation and surrender of this Warrant to the Company at its principal office, or at the office of its stock transfer agent, if any, with a copy of the Warrant Exercise Form marked as Annex A attached hereto duly executed and accompanied by payment (either in cash or by certified or official bank check, payable to the order of the Company) of the Exercise Price for the number of shares Warrant Shares specified in such form and with any appropriate instruments of transfer, if appropriate, transfer duly executed by the Holder or its duly authorized attorney. Such payment shall be made in cash or by certified or official bank check payable to the order of the Company or by wire transfer of funds to an account designated by the Company for such purpose. If this Warrant should be exercised in part only, the Company shall shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the shares Warrant Shares purchasable hereunder. Upon receipt by the Company at its office of this Warrant, together with the Exercise Price, at its office, or by the stock transfer agent of the Company at such the stock transfer agent's office, in proper form for exercise, the Company Holder shall issue and cause be deemed to be delivered within a reasonable time, not to exceed 15 calendar days, to or upon the written order holder of record of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of Warrant Shares issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued, and any person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares, as of the date of the surrender of this Warrant, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shares of shall not then be actually delivered to the Holder or designeeHolder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of Warrant Shares shares of Common Stock on exercise of this Warrant.

Appears in 1 contract

Samples: Subscription Agreement (Big Entertainment Inc)

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