Exercise of Outstanding Warrants Sample Clauses

Exercise of Outstanding Warrants. Paragraph 1.2 of the Agreement is modified to read in its entirety as follows:
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Exercise of Outstanding Warrants. Holder delivered to the Company $877,998 on or before January 31, 1997, as payment of the exercise price of a portion of the Outstanding Warrants (the "Earlier Exercise"). Holder further agrees to deliver an additional $1,084,104.40 to the Company in ten equal payments commencing November 15, 1997, and continuing on the day that is five weeks subsequent to the preceding payment until the full amount is paid. On receipt of each payment, the Company shall issue a certificate representing the stock then being acquired, calculated at an exercise price of $5.30 per share, and a replacement warrant covering the same number of shares and having the terms set forth in paragraph 1.4 of this Agreement. On receipt of the first payment, the Company agrees to deliver certificates representing all shares previously held in reserve by the Company in connection with the Earlier Exercise to Holder and replacement warrants having the terms set forth in paragraph 1.4 for the number of shares acquired in connection with the Earlier Exercise.
Exercise of Outstanding Warrants. Holder agrees to deliver to the Company $877,998 on or before January 31, 1997, as payment of the exercise price of a portion of the Outstanding Warrants. Holder agrees to deliver an additional $1,084,104.40 to the Company on or before April 16, 1997, as payment of the exercise price for its remaining Outstanding Warrants. On receipt of the first payment on or before January 31, 1997, the Company agrees to immediately provide irrevocable written instructions to its transfer agent to issue a certificate representing 140,480 shares of Common Stock be registered in the name of Ezer Mzion Organization, and to deliver such certificates to Holder. An additional 25,180 shares shall be held in reserve and issued on the timely payment of the second amount on or before April 16, 1997. On receipt of the second payment on or before April 16, 1997, the reserved shares shall be issued and an additional 204,548 shares shall be issued and delivered to Holder.
Exercise of Outstanding Warrants. Holder delivered to the Company $877,998 on or before January 31, 1997, as payment of the exercise price of a portion of the Outstanding Warrants. Holder further agrees to deliver an additional $1,084,104.40 to the Company on or before the date that is 90 days subsequent to the effective date of the Registration Statement referred to in paragraph 5.1 of this Agreement to complete the exercise of the Outstanding Warrants. On receipt of the first payment, the Company delivered certificates representing 140,480 shares of common stock registered in the name of Holder. An additional 25,180 shares are held in reserve and will be issued on timely payment of the remaining amount. On receipt of the final payment on or before 90 days subsequent to the effective date of the Registration Statement referred to paragraph 5.1 of this Agreement, the Company shall issue a total of 229,728 shares, including the 25,180 shares held in reserve, for a grand total of 370,208 shares issued to Holder on exercise of the Outstanding Warrants.
Exercise of Outstanding Warrants. Reference is made to those certain Series A, B and C American Depositary Shares Purchase Warrants (collectively, the “December Warrants”) issued pursuant to the December Purchase Agreement. On or before the 15th calendar day following the Closing Date, each Purchaser hereby agrees to cash exercise a ratable number of December Warrants with an aggregate exercise price of at least $8 million and on or before the 30th calendar day following the Closing Date, each Purchaser hereby agrees to cash exercise a ratable number of December Warrants with an additional aggregate exercise price of the lesser of (ratably) (a) the difference between $16 million and what is exercised on or before the 15th calendar day and (b) $8 million (such that, on or before such 30th calendar the Purchasers shall have exercised, in the aggregate, $16 million of the December Warrants). For purposes of clarification, in the event that a Purchaser exercises $12 million of December Warrants (or its pro-rata portion) prior to the 15th day after the Closing Date, such Purchaser shall only be required to exercise an additional $4 million of December Warrants (or its pro rata portion) prior to the 30th calendar day following the Closing Date. Notwithstanding anything to the contrary set forth in this Section 4.19, the Purchasers shall not be required to exercise the December Warrants pursuant to this Section 4.19 if at any time during such 30 day period unless (1) the Company shall have honored in accordance with the terms of the December Warrants all Notices of Exercise delivered to the Company, (2) the registration statement registering the ADSs underlying the December Warrants (“December Warrant Shares”) shall be effective as to all December Warrant Shares and the prospectus thereunder available for use by the Holder for the resale of all such December Warrant Shares, (3) the ADSs shall be listed or quoted for trading on the Trading Market, (4) there is a sufficient number of authorized shares of Ordinary Shares for issuance of all December Warrant Shares and (5) the issuance of all Warrant Shares exercised hereunder shall not cause a breach of any provision of Section 2(e) of the December Warrant. The Company’s right to call the December Warrants under this Section 4.19 shall be exercised ratably among the holders of December Warrants based on each holder’s initial purchase of December Warrants.
Exercise of Outstanding Warrants. Huberfeld and Bodner each xxxxxxred to the Company $712,002 (an aggregate of $1,424,004) on or before January 31, 1997, as payment of the exercise price of a portion of the Outstanding Warrants. Huberfeld and Bodner further agxxx xx deliver an additional $899,100.40 each (an aggregate of $1,798,200.80) to the Company on or before the date that is 90 days subsequent to the effective date of the Registration Statement referred to in paragraph 5.1 of this Agreement to complete the exercise of the Outstanding Warrants. On receipt of the first payment, the Company delivered certificates representing 227,840 shares of common stock, 113,920 shares registered in the name of Laura Huberfeld axx 000,000 xxxxes registered in the name of Naomi Bodner. An xxxxxxxxxx 40,840 shares (20,420 shares each) are held in reserve and will be issued on timely payment of the remaining amount. On receipt of the final payment on or before 90 days subsequent to the effective date of the Registration Statement referred to paragraph 5.1 of this Agreement, the Company shall issue a total of 372,576 shares (186,288 shares each), including the 40,840 shares (20,420 shares each), for a grand total of 600,416 shares (300,208 shares each) issued to Huberfeld and Bodner on exxxxxxx of the Outstanding Warrants.
Exercise of Outstanding Warrants. Huberfeld and Bodner each dxxxxxxed to the Company $712,002 (an aggregate of $1,424,004) on or before January 31, 1997, as payment of the exercise price of a portion of the Outstanding Warrants (the "Earlier Exercise"). Huberfeld and Bodner further agrxx xx deliver an additional $879,100.40 each (an aggregate of $1,758,200.80) to the Company in ten equal payments commencing November 15, 1997, and continuing on the day that is five weeks subsequent to the preceding payment until the full amount is paid. On receipt of each payment, the Company shall issue a certificate representing the stock then being acquired, calculated at an exercise price of $5.30 per share, and a replacement warrant covering the same number of shares and having the terms set forth in paragraph 1.4 of this Agreement. On receipt of the first payment, the Company agrees to deliver certificates representing all shares previously held in reserve by the Company in connection with the Earlier Exercise to Huberfeld and Bodner and replacexxxx xarrants having the terms set forth in paragraph 1.4 for the number of shares acquired in connection with the Earlier Exercise.
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Exercise of Outstanding Warrants. Huberfeld and Xxxxxx each agree to deliver to the Company $712,002 (an aggregate of $1,424,004) on or before January 31, 1997, as payment of the exercise price of a portion of the Outstanding Warrants. Huberfeld and Xxxxxx each agree to deliver an additional $879,100.40 (an aggregate of $1,758,200.80) to the Company on or before April 16, 1997, as payment of the exercise price for their remaining Outstanding Warrants. On receipt of the first payment on or before January 31, 1997, the Company agrees to immediately provide irrevocable written instructions to its transfer agent to issue certificates representing 227,840 shares of Common Stock, 113,920 shares to be registered in the name of Xxxxx Xxxxxxxxx and 113,920 shares to be registered in the name of Xxxxx Xxxxxx, and to deliver such certificates to Huberfeld and Xxxxxx. An additional 40,840 shares (20,420 shares each) shall be held in reserve and issued on the timely payment of the second amount on or before April 16, 1997. On receipt of the second payment on or before April 16, 1997, the reserved shares shall be issued and an additional 331,736 shares (165,868 shares each) shall be issued and delivered to Xx. Xxxxxxxxx and Xxxxxx.
Exercise of Outstanding Warrants. Lerner delivered xx xxx Company $889,393 on or before January 31, 1997, as payment of the exercise price of a portion of the Outstanding Warrants. Lerner furthxx xxxees to deliver an additional $1,098,107 to the Company on or before the date that is 90 days subsequent to the effective date of the Registration Statement referred to in paragraph 5.1 of this Agreement to complete the exercise of the Outstanding Warrants. On receipt of the first payment, the Company delivered certificates representing 142,303 shares of common stock registered in the name of Lerner. An additxxxxx 25,507 shares are held in reserve and will be issued on timely payment of the remaining amount. On receipt of the final payment on or before 90 days subsequent to the effective date of the Registration Statement referred to paragraph 5.1 of this Agreement, the Company shall issue a total of 232,697 shares, including the 25,507 shares held in reserves, for a grand total of 375,000 shares issued to Lerner on exercisx xx xhe Outstanding Warrants.

Related to Exercise of Outstanding Warrants

  • Outstanding Warrants The Warrants outstanding at any time are all Warrants evidenced on all Warrant Certificates authenticated by the Warrant Agent except for those canceled by it and those delivered to it for cancellation. A Warrant ceases to be outstanding if the Company or an Affiliate of the Company holds the Warrant. If a Warrant Certificate is replaced pursuant to Section 2.06, the Warrants evidenced thereby cease to be outstanding unless the Warrant Agent and the Company receive proof satisfactory to them that the replaced Warrant Certificate is held by a bona fide purchaser.

  • Outstanding Warrants Only The Company understands that the redemption rights provided for by this Section 6 apply only to outstanding Warrants. To the extent a person holds rights to purchase Warrants, such purchase rights shall not be extinguished by redemption. However, once such purchase rights are exercised, the Company may redeem the Warrants issued upon such exercise provided that the criteria for redemption is met. The provisions of this Section 6.4 may not be modified, amended or deleted without the prior written consent of EBC.

  • Partial Exercise of Warrants; Fractions (1) The holder of any Warrants may exercise his right to acquire a number of whole Common Shares less than the aggregate number which the holder is entitled to acquire. In the event of any exercise of a number of Warrants less than the number which the holder is entitled to exercise, the holder of Warrants upon such exercise shall, in addition, be entitled to receive, without charge therefor, a new Warrant Certificate(s), bearing the same legend, if applicable, or other appropriate evidence of Warrants, in respect of the balance of the Warrants held by such holder and which were not then exercised. (2) Notwithstanding anything herein contained including any adjustment provided for in Article 4, the Corporation shall not be required, upon the exercise of any Warrants, to issue fractions of Common Shares. Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares shall be rounded down to the nearest whole number and the holder of such Warrants shall not be entitled to any compensation in respect of any fractional Common Share which is not issued.

  • Warrant Price Duration and Exercise of Warrants Section 2.1.

  • Availability of Shares of Preferred Stock (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock or any shares of Preferred Stock held in its treasury, the number of shares of Preferred Stock that will be sufficient to permit the exercise in full of all outstanding Rights. (b) So long as the shares of Preferred Stock issuable upon the exercise of Rights may be listed or admitted to trading on any national securities exchange, or quoted on NASDAQ, the Company shall use its best efforts to cause, from and after such time as the Rights become exercisable, all shares reserved for such issuance to be listed or admitted to trading on such exchange, or quoted on NASDAQ, upon official notice of issuance upon such exercise. (c) From and after such time as the Rights become exercisable, the Company shall use its best efforts, if then necessary to permit the issuance of shares of Preferred Stock upon the exercise of Rights, to register and qualify such shares of Preferred Stock under the Securities Act and any applicable state securities or "Blue Sky" laws (to the extent exemptions therefrom are not available), cause such registration statement and qualifications to become effective as soon as possible after such filing and keep such registration and qualifications effective (with a prospectus at all times meeting the requirements of the Securities Act) until the earlier of the date as of which the Rights are no longer exercisable for such securities and the Expiration Date. The Company may temporarily suspend, for a period of time not to exceed 90 days, the exercisability of the Rights in order to prepare and file a registration statement under the Securities Act and permit it to become effective. Upon any such suspension, the Company shall issue a public announcement stating that the exercisability of the Rights has been temporarily suspended, as well as a public announcement at such time as the suspension is no longer in effect. Notwithstanding any provision of this Agreement to the contrary, the Rights shall not be exercisable in any jurisdiction unless the requisite qualification in such jurisdiction shall have been obtained and until a registration statement under the Securities Act shall have been declared effective, unless an exemption therefrom is available. (d) The Company covenants and agrees that it will take all such action as may be necessary to ensure that all shares of Preferred Stock delivered upon exercise of Rights shall, at the time of delivery of the certificates therefor (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable shares. (e) The Company further covenants and agrees that it will pay when due and payable any and all federal and state transfer taxes and charges which may be payable in respect of the issuance or delivery of the Right Certificates or of any shares of Preferred Stock upon the exercise of Rights. The Company shall not, however, be required to pay any transfer tax which may be payable in respect of any transfer or delivery of Right Certificates to a Person other than, or the issuance or delivery of certificates or depositary receipts for the Preferred Stock in a name other than that of, the registered holder of the Right Certificate evidencing Rights surrendered for exercise or to issue or deliver any certificates or depositary receipts for Preferred Stock upon the exercise of any Rights until any such tax shall have been paid (any such tax being payable by that holder of such Right Certificate at the time of surrender) or until it has been established to the Company's reasonable satisfaction that no such tax is due.

  • OVERALL LIMIT ON COMMON STOCK ISSUABLE Notwithstanding anything contained herein to the contrary, if during the Open Period the Company becomes listed on an exchange that limits the number of shares of Common Stock that may be issued without shareholder approval, then the number of Shares issuable by the Company and purchasable by the Investor, shall not exceed that number of the shares of Common Stock that may be issuable without shareholder approval (the "Maximum Common Stock Issuance"). If such issuance of shares of Common Stock could cause a delisting on the Principal Market, then the Maximum Common Stock Issuance shall first be approved by the Company's shareholders in accordance with applicable law and the By-laws and Amended and Restated Certificate of Incorporation of the Company, if such issuance of shares of Common Stock could cause a delisting on the Principal Market. The parties understand and agree that the Company's failure to seek or obtain such shareholder approval shall in no way adversely affect the validity and due authorization of the issuance and sale of Securities or the Investor's obligation in accordance with the terms and conditions hereof to purchase a number of Shares in the aggregate up to the Maximum Common Stock Issuance limitation, and that such approval pertains only to the applicability of the Maximum Common Stock Issuance limitation provided in this Section 2(H).

  • Availability of Preferred Shares The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued Preferred Shares or any Preferred Shares held in its treasury, the number of Preferred Shares that will be sufficient to permit the exercise in full of all outstanding Rights in accordance with Section 7. The Company covenants and agrees that it will take all such action as may be necessary to ensure that all Preferred Shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such Preferred Shares (subject to payment of the Purchase Price), be duly and validly authorized and issued and fully paid and nonassessable shares. The Company further covenants and agrees that it will pay when due and payable any and all federal and state transfer taxes and charges which may be payable in respect of the issuance or delivery of the Right Certificates or of any Preferred Shares upon the exercise of Rights. The Company shall not, however, be required to pay any transfer tax which may be payable in respect of any transfer or delivery of Right Certificates to a person other than, or the issuance or delivery of certificates or depositary receipts for the Preferred Shares in a name other than that of, the registered holder of the Right Certificate evidencing Rights surrendered for exercise or to issue or to deliver any certificates or depositary receipts for Preferred Shares upon the exercise of any Rights until any such tax shall have been paid (any such tax being payable by the holder of such Right Certificate at the time of surrender) or until it has been established to the Company's reasonable satisfaction that no such tax is due.

  • Reservation of Stock, Etc., Issuable on Exercise of Warrant The Company will at all times reserve and keep available, solely for issuance and delivery on the exercise of this Warrant, shares of Common Stock (or Other Securities) from time to time issuable on the exercise of this Warrant.

  • Number of Shares Issuable upon Exercise From and after the Issue Date through and including the Expiration Date, the Holder hereof shall be entitled to receive, upon exercise of this Warrant in whole in accordance with the terms of subsection 1.2 or upon exercise of this Warrant in part in accordance with subsection 1.3, shares of Common Stock of the Company, subject to adjustment pursuant to Section 4.

  • Exercise of Conversion Right To exercise the conversion right, the Holder of the Debenture shall surrender to the Company such Debentures, duly endorsed, accompanied by written Notice of Conversion to the Company in the form provided in this Debenture that the Holder elects to convert such Debenture, or if less than the entire principal amount thereof is to be converted, the specified portion. Debentures shall be deemed to have been converted immediately prior to the close of business on the day of surrender of such Debentures for conversion in accordance with the foregoing provisions, and at such time the rights of the Holders of such Debentures as Holders shall cease, and the person or persons entitled to receive the Common Stock issuable upon conversion shall be treated for all purposes as the record holder or holders of such Common Stock as and after such time. Within two days after the conversion date, the Company, without cost to the Holder, shall issue and deliver to Holder the converted Debenture or the person, specified by such Holder, a certificate for the number of full shares of Common Stock issuable upon conversion registered in the name of such Holder or such other person as shall have been specified by such Holder and all accrued and unpaid interest on the converted Debenture or portion there upon which the Holder does not elect to receive payment in Common Stock. Upon Conversion of this Debenture, the Company shall take all such actions as are necessary in order to insure that the Common Stock issuable with respect to such conversion shall be validly issued, fully paid and nonassessable. The Company shall not close its books against the transfer of Common Stock issued or issuable upon conversion of this Debenture in any manner that interferes with the timely conversion of this Debenture. The Company shall assist and cooperate with any Holder of this Debenture required to make any governmental filings or obtain any governmental approval prior to or in connection with the conversion of this Debenture (including, without limitation, making any filings required to be made by the Company). The conversion rights of any Debenture subject to redemption hereunder shall terminate on the Redemption Date for such Debenture unless the Company has failed to pay to Holder thereof the Redemption Price of such Debenture or portion thereof.

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