Existing Warrants. The Company shall use reasonable best efforts and take any and all steps necessary to obtain a waiver (the “Existing Warrants Waiver”) of the 20-day prior notice requirement triggered by the Transactions from each of the holders of the Existing Warrants except for any warrants issued pursuant to the Warrant Agreement, dated as of December 12, 2005 by and between the Company and The Bank of New York.
Existing Warrants. Warrants issued pursuant to the Securities Purchase Agreement.
Existing Warrants. Each of the Investors is a party to one or more warrant agreements with the Company, all of which are listed on Exhibit A hereto, each of which is herein referred to as an “Existing Warrant” and collectively, the “Existing Warrants”).
Existing Warrants. All warrants to purchase shares of the Company's common stock that are currently held by the Purchaser and Liberty Travel shall be repriced to $1.00, and such warrants shall expire on December 31, 2002. Such modifications to the warrants shall become effective the first business day immediately following execution of this Agreement. Effective May 6, 1998, the Company repriced all of the Company's publicly held warrants to $1.00. All other terms and conditions of the warrants shall remain unchanged.
Existing Warrants. Each of the Existing Bridge Warrants and the Existing JMCM Warrant (excluding, for the avoidance of doubt, the schedules and exhibits thereto) is hereby amended and modified in its entirety as reflected in the Warrants attached hereto as Annex IV. Any provision of the Existing Bridge Warrants or the Existing JMCM Warrant (excluding, for the avoidance of doubt, in each case, the schedules and exhibits thereto) which is different from that set forth in the Warrants from and after the Effective Date shall be superseded in all respects by the provisions of the Warrants. Notwithstanding the foregoing, the amendment to the Existing JMCM Warrant is conditioned upon JMCM’s payment to the Company of $26,642.50, reflecting the additional purchase price as a result of the amendment to the exercise price set forth therein and the increase in the number of shares underlying the Existing JMCM Warrant by 213,140 Warrant Shares.
Existing Warrants. The Company shall use its reasonable best efforts to obtain a valuation opinion (the "VALUATION OPINION"), at its expense and in form and substance reasonably satisfactory to Purchaser, as contemplated by the Warrant Agreement, dated as of June 23, 1998, between the Company and Norwest Bank Minnesota, National Association, as Warrant Agent, from an Independent Financial Expert (as defined therein) to determine the Current Market Value (as defined therein) per share of Common Stock for purposes of the anti-dilution adjustment provisions contained therein.
Existing Warrants. On the date hereof, Borrower agrees that it will deliver to Lender an amendment to the Warrants that (i) increases the number of shares of Common Stock covered thereby to 200,000 (the “Additional Warrants”), and (ii) revises the Exercise Price to the average closing price of Borrower’s common stock for the five (5) trading days ending on the Amendment Effective Date.
Existing Warrants. The Company and each Holder hereby agree that at the Initial Closing, the warrants owned by each Holder (or any of their Affiliates) and listed on Exhibit A (the “Existing Warrants”) shall be (i) amended to have an exercise price of $0.60 per share and (ii) amended as set forth in the warrant amendment attached hereto as Exhibit C (the “Warrant Amendment” and the Existing Warrants, as amended, the “Amended Warrants”).
Existing Warrants. As of April 5, 2023, there were 12,325,772 warrants outstanding, of which 11,959,239 were the warrants included in the units each consisting of one share of Common Stock and one-third of one warrant to purchase one share of Common Stock (the “Public Units”) issued in the initial public offering of GigCapital4, consummated on February 8, 2021 (the “IPO”), each of which is exercisable for one share of Common Stock in accordance with its terms (the “Public Warrants”) and 366,533 were the warrants included in the units issued to GigAcquisitions4, LLC, Nomura Securities International, Inc. and Xxxxxxxxxxx & Co. Inc. (the “Initial Stockholders”), in a private placement that closed prior to the IPO, each of which is excerisable for one share of Common Stock, in accordance with its terms (the “Private Placement Warrants”). Each warrant entitles the registered holder to purchase one share of Common Stock at a price of $11.50 per share, subject to adjustment as discussed below, at any time. Only whole warrants are exercisable. The Public Warrants will expire at 5:00 p.m., New York City time, on December 7, 2026, the fifth anniversary of our completion of an initial business combination, or earlier upon redemption. No Public Warrants will be exercisable for cash unless the Company has an effective and current prospectus covering the shares of Common Stock issuable upon exercise of the warrants and a current prospectus relating to such shares of Common Stock. Notwithstanding the foregoing, if a prospectus covering the issuance of the shares of Common Stock issuable upon exercise of the Public Warrants is not effective within 90 days from the closing of the Business Combination, warrant holders may, until such time as there is an effective prospectus and during any period when the Company shall have failed to maintain an effective prospectus, exercise warrants on a cashless basis pursuant to an available exemption from registration under the Securities Act. If an exemption from registration is not available, holders will not be able to exercise their warrants on a cashless basis. The Private Placement Warrants are identical to the Public Warrants except that such Private Placement Warrants will be exercisable for cash (even if a prospectus covering the issuance of the warrant shares issuable upon exercise of such warrants is not effective) or on a cashless basis, at the holder’s option, and will not be redeemable by us, in each case so long as they are still held by th...
Existing Warrants. The Existing Warrants are not affected by this Agreement and shall remain in full force and effect.
