Common use of Exercise Prior to Expiration Clause in Contracts

Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the shares of Common Stock subject hereto, and if the Fair Market Value of one share of the Common Stock is greater than the Purchase Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 4 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the Fair Market Value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 4. To the extent this Warrant or any portion hereof is deemed automatically exercised pursuant to this Section 15, the Company agrees to promptly notify the Holder of the number of shares of Common Stock, if any, the Holder is to receive by reason of such automatic exercise.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Tivo Inc), Common Stock Purchase Warrant (Tivo Inc), Common Stock Purchase Warrant (Tivo Inc)

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Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the shares of Common Stock Shares subject hereto, and if the Fair Market Value fair market value of one share of the Common Stock Share is greater than the Purchase Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 4 above 2(b) (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the Fair Market Value fair market value of one share of the Common Stock Share upon such expiration shall be determined pursuant to Section 42(b). To the extent this Warrant or any portion hereof thereof is deemed automatically exercised pursuant to this Section 152(c), the Company agrees to promptly notify the Holder of the number of shares of Common Stock, if any, the Holder is to receive by reason of such automatic exercise.

Appears in 2 contracts

Samples: Omeros Corp, Biodelivery Sciences International Inc

Exercise Prior to Expiration. To Subject to Section 10 below, to the extent this Warrant is not previously exercised as to all of the shares of Common Stock Warrant Shares subject hereto, and if the Fair Market Value Weighted Average Price of one share of the Common Stock is greater than the Purchase Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 4 9.1 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the Fair Market Value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 4. To the extent this Warrant or any portion hereof thereof is deemed automatically exercised pursuant to this Section 159.2, the Company agrees to promptly notify the Holder of the number of shares of Common StockWarrant Shares, if any, the Holder is to receive by reason of such automatic exercise, to the extent not prohibited pursuant to Section 10.

Appears in 1 contract

Samples: Palatin Technologies Inc

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Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the shares of Common Stock Shares subject hereto, and if the Fair Market Value fair market value of one share of the Common Stock is greater than the Purchase Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 4 1.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the Fair Market Value fair market value of one share of the Common Stock upon such expiration shall be determined pursuant to Section 41.3. To the extent this Warrant or any portion hereof thereof is deemed automatically exercised pursuant to this Section 151.8, the Company agrees to promptly notify the Holder holder hereof of the number of shares of Common StockShares, if any, the Holder holder hereof is to receive by reason of such automatic exercise.

Appears in 1 contract

Samples: vTv Therapeutics Inc.

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