Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Warrant is exercisable at the option of the holder of record hereof, at any time or from time to time, up to the Expiration Date, for all or any part of the shares of Common Stock which may be purchased hereunder. Shares of Common Stock purchased under this Warrant shall be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed Subscription Form attached hereto and payment for such shares. Certificates for the shares of Common Stock so purchased shall be delivered to the Holder hereof by the Company at the Company's expense within a reasonable time after this Warrant has been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations of Common Stock as may be requested by the Holder hereof and shall be registered in the name of such Holder.
Appears in 3 contracts
Samples: Warrant Agreement (Key Technology Inc), Warrant Agreement (Key Technology Inc), Warrant Agreement (Key Technology Inc)
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Warrant is exercisable at the option of the holder of record hereof, at any time or from time to time, up to the Expiration Date, Date for all or any part of the shares of Common Stock which may be purchased hereunder. Shares of Common Stock purchased under this Warrant shall be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed Form of Subscription Form attached hereto and payment for such shares. Certificates for the shares of Common Stock so purchased shall be delivered to the Holder hereof by the Company at the Company's expense within a reasonable time after this Warrant has been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations of Common Stock as may be requested by the Holder hereof and shall be registered in the name of such Holder.
Appears in 3 contracts
Samples: Merger Agreement (Advanced Machine Vision Corp), Warrant Agreement (Key Technology Inc), Warrant Agreement (FMC Corp)
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Warrant is exercisable at the option of the holder of record hereofHolder, at any time or and from time to time, up to the Expiration Date, for all or any part of the shares of Common Stock Series E Preferred (but not for a fraction of a share) which may be purchased hereunder. Shares The Company agrees that the shares of Common Stock Series E Preferred purchased under this Warrant shall be deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date (the "Exercise Date") on which this Warrant shall have been surrendered, properly endorsed, together with the completed completed, executed Form of Subscription Form attached hereto delivered and the applicable payment made for such shares. Certificates for the shares of Common Stock Series E Preferred so purchased purchased, together with any other securities or property to which Xxxxxx is entitled upon such exercise, shall be delivered to the Holder hereof by the Company at the Company's expense within a reasonable time after the rights represented by this Warrant has have been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations of Common Stock Series E Preferred as may be requested by the Holder hereof Xxxxxx and shall be registered in the name of such Holder or, subject to Section 8, each Holder's designee.
Appears in 2 contracts
Samples: Warrant Agreement (Docent Inc), Marketing Agreement (Docent Inc)
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This The rights represented by this Warrant is exercisable may be exercised by the Holder, in whole or in part and at one or more times by the surrender of this Warrant (properly endorsed if required) at the option principal office of the holder Company (or such other office or agency of record hereof, at any time or from time to time, up the Company as the Company may designate by written notice to the Expiration DateHolder) and upon payment to the Company by wire transfer, certified check or bank draft of the purchase price for all or any part of the shares of Common Stock which may purchasable hereunder and upon compliance with any registration requirements or exemptions therefrom under the Securities Act (as defined below) and applicable state securities laws. The Company agrees that the shares so purchased shall and will be purchased hereunder. Shares of Common Stock purchased under this Warrant shall deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed Subscription Form attached hereto surrendered and payment made for such sharesshares as aforesaid. Certificates for the shares of Common Stock so purchased shall be delivered to the Holder hereof by the Company at the Company's expense within a reasonable time after this Warrant has been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate , not exceeding five (5) days, after the rights represented by this Warrant shall have been so delivered shall be in such denominations exercised, and, unless this Warrant has expired, a new Warrant appropriately providing for the purchase of Common Stock as may with respect to which this Warrant shall not then have been exercised and stating the purchase price therefor shall also be requested by delivered to the Holder hereof and shall be registered in the name of within such Holdertime.
Appears in 2 contracts
Samples: Warrant Agreement (Gehl Co), Common Stock Purchase Warrant (Gehl Co)
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Warrant is exercisable at the option of the holder of record hereof, at any time or from time to time, up to the Expiration Date, Date for all or any part of the shares of Common Stock (but not for a fraction of a share) which may be purchased hereunder. Shares The Company agrees that the shares of Common Stock purchased under this Warrant shall be and are deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed completed, executed Form of Subscription Form attached hereto delivered and payment made for such shares. Certificates for the shares of Common Stock so purchased purchased, together with any other securities or property to which the Holder hereof is entitled upon such exercise, shall be delivered to the Holder hereof by the Company at the Company's expense within a reasonable time after the rights represented by this Warrant has have been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations of Common Stock as may be requested by the Holder hereof and shall be registered in the name of such Holder.
Appears in 1 contract
Samples: Consulting Agreement (Hollis Eden Pharmaceuticals Inc /De/)
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Warrant is ------------------------------------------------------ exercisable at the option of the holder Holder of record hereof, at any time or from time to time, up to the Expiration Date, Date or the date of earlier termination pursuant to Section 5 hereof for all or and any part of the shares Warrant Shares (but not for a fraction of Common Stock which may be purchased hereundera share). Shares of Common Stock The Company agrees that the Warrant Xxxxxx purchased under this Warrant shall be and are deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed Subscription Form attached hereto surrendered and payment made for such shares. Certificates for the shares of Common Stock Warrant Shares so purchased purchased, together with any other securities or property to which the Holder hereof is entitled upon such exercise, shall be delivered to the Holder hereof by the Company at the Company's expense within a reasonable time after the rights represented by this Warrant has have been so exercised. In case of a purchase of less than all the shares which may be purchased under this WarrantWarrant Shares, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares Warrant Shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations of Common Stock Series B Preferred Stock, as may be requested by the Holder hereof and shall be registered in the name of such Holder or such other name as shall be designated by such Holder.
Appears in 1 contract
Samples: Warrant Agreement (Worldres Com Inc)
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Warrant is exercisable at the option of the holder of record hereof, Holder at any time or from time to time, up to time on or after the date hereof but not later than the Expiration Date, Date for all or any part a portion of the shares of Common Stock which may be purchased hereunder. Shares The Company agrees that the shares of Common Stock purchased under this Warrant shall be and are deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed Subscription Form attached hereto surrendered and payment made for such shares. Certificates Subject to the provisions of Section 2, certificates for the shares of Common Stock so purchased purchased, together with any other securities or property to which Xxxxxx is entitled upon such exercise, shall be delivered to the Holder hereof by the Company Company's transfer agent at the Company's expense within a reasonable time (but in no event more than three business days) after the rights represented by this Warrant has have been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations of Common Stock as may be requested by the Holder hereof and shall be registered in the name of Holder or such other name as shall be designated by Holder, subject to the limitations contained in Section 2. If, upon exercise of this Warrant, fewer than all of the shares of Stock evidenced by this Warrant are purchased prior to the Expiration Date, one or more new warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Stock not purchased upon exercise of this Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Mounger Corp)
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Warrant is exercisable at the option of the holder Holder of record hereof, at any time or from time to time, up to the Expiration Date, Date for all or and any part of the shares Warrant Shares (but not for a fraction of Common Stock which may be purchased hereundera share). The Company agrees that the Warrant Shares of Common Stock purchased under this Warrant shall be and are deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed Subscription Form attached hereto surrendered and payment made for such shares. Certificates for the shares of Common Stock Warrant Shares so purchased purchased, together with any other securities or property to which the Holder hereof is entitled upon such exercise, shall be delivered to the Holder hereof by the Company at the Company's ’s expense within a reasonable time after the rights represented by this Warrant has have been so exercised. In case of a purchase of less than all the shares which may be purchased under this WarrantWarrant Shares, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares Warrant Shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time, not exceeding fifteen (15) days after the date of such surrender. Each stock certificate so delivered shall be in such denominations of Common Stock as may be requested by the Holder hereof and shall be registered in the name of such Holder or such other name as shall be designated by such Holder.
Appears in 1 contract
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Warrant is ------------------------------------------------------ exercisable at the option of the holder Holder of record hereof, at any time or from time to time, up to the Expiration Date, Date for all or and any part of the shares Warrant Shares (but not for a fraction of Common Stock which may be purchased hereundera share). Shares of Common Stock The Company agrees that the Warrant Xxxxxx purchased under this Warrant shall be and are deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed Subscription Form attached hereto surrendered and payment made for such shares. Certificates for the shares of Common Stock Warrant Shares so purchased purchased, together with any other securities or property to which the Holder hereof is entitled upon such exercise, shall be delivered to the Holder hereof by the Company at the Company's expense within a reasonable time after the rights represented by this Warrant has have been so exercised. In case of a purchase of less than all the shares which may be purchased under this WarrantWarrant Shares, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares Warrant Shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations of Common Stock Series B Preferred Stock, as may be requested by the Holder hereof and shall be registered in the name of such Holder or such other name as shall be designated by such Holder.
Appears in 1 contract
Samples: Warrant Agreement (Worldres Com Inc)
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This The rights represented by this Warrant is exercisable at may be exercised by the option of the holder of record hereofHolder, in whole or in part, at any time or from time to timetime during the Exercise Period, up upon presentation and surrender of this Warrant to the Expiration DateCompany, for all at its principal office as set forth above, or any part at such other place as the Company may designate written notice from the Holder stating that the Holder is exercising this Warrant and specifying the number of Shares that the Holder desires to purchase (the "Notice") and accompanied by payment of the shares applicable Share Purchase Price for each Share so purchased and all federal and state taxes or other governmental charge applicable to such exercise and issuance of Common Stock which may be purchased hereunderthe Shares. Shares of Common Stock purchased under this Warrant Such payment shall be made, in cash or by certified, bank or cashier's check, payable to the order of the Company. The Shares so purchased shall be deemed to have been issued to the Holder hereof as the record owner of such shares as of the close of business on the business day next following the date on which this Warrant shall have been surrenderedsurrendered to the Company, properly endorsed, together along with the completed Subscription Form attached hereto Notice and full payment for such sharesthe Shares purchased. Certificates Subject to the provisions of Section 8, certificates for the shares of Common Stock Shares so purchased and, unless this Warrant shall have expired, a new Warrant representing the number of Shares, if any, with respect to which this Warrant shall not then have been exercised, shall be delivered to the Holder hereof by the Company at the Company's expense within a reasonable time after this Warrant has been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations has complied with the provisions of Common Stock as may be requested by the Holder hereof and shall be registered in the name of such Holderthis Section 1.
Appears in 1 contract
Samples: Warrant Agreement (Universal Seismic Associates Inc)
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This The rights represented by this Warrant is exercisable at the option of may be exercised by the holder of record hereof, hereof at any time within the period specified above, in whole or from time in part (but not as to timea fractional share of Common Stock), up by the surrender of this Warrant (properly endorsed if required) at the principal office of the Company (or such other office of the Company as it may designate by notice in writing to the Expiration Date, for all or any part holder hereof at the address of such holder appearing on the books of the Company)
(a) specifying the number of shares of Common Stock which may being purchased and (b) accompanied by a check payable to the Company for the purchase price for such shares. The Company agrees that the shares so purchased shall be purchased hereunder. Shares of Common Stock purchased under this Warrant shall deemed to be issued to the Holder holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed Subscription Form attached hereto surrendered and payment made for such sharesshares as aforesaid. Certificates for the shares of Common Stock so purchased shall be delivered to the Holder hereof by the Company at the Company's expense within a reasonable time after this Warrant has been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder holder hereof within a reasonable time. Each stock certificate , not exceeding ten days, after the rights represented by this Warrant shall have been so exercised, and, unless this Warrant has expired, a new Warrant of like tenor, representing the right to purchase the number of shares, if any, with respect to which this Warrant shall not then have been exercised, shall also be delivered shall be in to the holder hereof within such denominations of Common Stock as may be requested by the Holder hereof and shall be registered in the name of such Holdertime.
Appears in 1 contract
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Warrant is exercisable at the option of the holder of record hereof, at any time or from time to time, up to the Expiration Date, for all or any part of The Company agrees that the shares of Common Stock which may be purchased hereunder. Shares of Common Stock purchased under this Warrant shall be and are deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed completed, executed Form of Subscription Form attached hereto delivered and payment made for such shares. Certificates for the shares of Common Stock so purchased purchased, together with any other securities or property to which the Holder hereof is entitled upon such exercise, shall be delivered to the Holder hereof by the Company at the Company's expense within a reasonable time after the rights represented by this Warrant has have been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations of Common Stock as may be requested by the Holder hereof and shall be registered in the name of such Holder.
Appears in 1 contract
Samples: Limited Partnership Agreement (Inhale Therapeutic Systems Inc)
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Subject to compliance with the conditions set forth herein, this Warrant is exercisable at the option of the holder of record hereof, Holder at any time or from time to time, up to time on or after the Commencement Date but not later than the Expiration Date, Date for all or any part a portion of the shares of Common Stock which may be purchased 2 hereunder. Shares The Company agrees that the shares of Common Stock purchased under this Warrant shall be and are deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed Subscription Form attached hereto surrendered and payment made for such shares. Certificates Subject to the provisions of Section 2, certificates for the shares of Common Stock so purchased purchased, together with any other securities or property to which Holder is entitled upon such exercise, shall be delivered to the Holder hereof by the Company Company's transfer agent at the Company's expense within a reasonable time (but in no event more than ten days) after the rights represented by this Warrant has have been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations of Common Stock as may be requested by the Holder hereof and shall be registered in the name of Holder or such other name as shall be designated by Holder, subject to the limitations contained in Section 6. If, upon exercise of this Warrant, fewer than all of the shares of Stock evidenced by this Warrant are purchased prior to the Expiration Date, one or more new warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Stock not purchased upon exercise of this Warrant.
Appears in 1 contract
Exercise; Issuance of Certificates; Payment for Shares. 1.1 This Warrant is shall be exercisable at the option of the holder of record hereof, at any time or from time to time, up to the Expiration Date, Date for all or any part of the shares of Common Stock which may be purchased hereunder(but not for a fraction of a share). Shares Sellxx xxxees that the shares of Common Stock purchased under this Warrant shall be and are deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered, properly endorsed, together with the completed completed, executed Form of Subscription Form attached hereto delivered and payment made for such shares. Certificates for the shares of Common Stock so purchased purchased, together with any other securities or property to which the Holder hereof is entitled upon such exercise, shall be delivered to the Holder hereof by the Company Seller at the CompanySeller's expense within a reasonable time after the rights represented by this Warrant has have been so exercised. In case of a purchase of less than all the shares which may be purchased under this Warrant, the Company Seller shall cancel this Warrant and execute and deliver a new Warrant or Warrants of like tenor for the balance of the shares purchasable under the Warrant surrendered upon such purchase to the Holder hereof within a reasonable time. Each stock certificate so delivered shall be in such denominations of Common Stock as may be requested by the Holder hereof and shall be registered in the name of such Holder. The minimum number of shares of Stock which Holder may exercise at any time is 1000 shares.
Appears in 1 contract