Common use of Fractional Interests Clause in Contracts

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be the next higher number of shares.

Appears in 90 contracts

Samples: Investment Agreement (Tri Valley Corp), Master Agreement (Patriot Scientific Corp), Warrant Agreement (Greenland Corp)

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Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise Exercise shall be the next higher whole number of shares.

Appears in 41 contracts

Samples: Second Lien Credit and Guaranty Agreement (Lannett Co Inc), Exchange Agreement (Lannett Co Inc), Exchange Agreement (Lannett Co Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise exercise of this Warrant, but on Exercise exercise of this Warrant, the Holder hereof may purchase only a whole number of shares of Common Stock. If, on Exercise exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be rounded up or down to the next higher nearest whole number of sharesshares of Common Stock.

Appears in 29 contracts

Samples: Warrant Agreement (Click2learn Com Inc), Securities Purchase Agreement (Alydaar Software Corp /Nc/), Exchange Agreement (Webb Interactive Services Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, the Holder hereof may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise conversion shall be the next higher number of shares.

Appears in 27 contracts

Samples: Warrant Agreement (Ea Industries Inc /Nj/), Subscription Agreement (Viragen Inc), Subscription Agreement (Viragen Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise Exercise shall be the next higher closest number of whole shares.

Appears in 24 contracts

Samples: Warrant Agreement (Jammin Java Corp.), Warrant Agreement (Jammin Java Corp.), Warrant Agreement (Jammin Java Corp.)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise Exercise shall be the next higher number of shares.

Appears in 11 contracts

Samples: Warrant Agreement (MiddleBrook Pharmaceuticals, Inc.), Warrant Agreement (Hana Biosciences Inc), Warrant Agreement (Array Biopharma Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be the next higher number of shares.

Appears in 6 contracts

Samples: Loan Agreement (Alanco Technologies Inc), Loan and Security Agreement (Alanco Technologies Inc), Loan and Security Agreement (Alanco Technologies Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Preferred Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Preferred Stock or a right to acquire a fractional share of Common Preferred Stock, such fractional share shall be disregarded and the number of shares of Common Preferred Stock issuable upon exercise shall be the next higher number of shares.

Appears in 6 contracts

Samples: Warrant Agreement (Medcare Technologies Inc), Warrant Agreement (Medcare Technologies Inc), Warrant Agreement (Medcare Technologies Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise exercise of this Warrant, but on Exercise exercise of this Warrant, the Holder hereof may purchase only a whole number of shares of Common Stock. If, on Exercise exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, the Company shall, in lieu of delivering any such fractional share shall be disregarded and share, round the number of shares of Common Stock issuable upon exercise shall be Warrant Shares up or down, as the next higher number of sharescase may be, to the nearest whole integer.

Appears in 5 contracts

Samples: Warrant Agreement (Ener1 Inc), Warrant Agreement (Ener1 Inc), Loan Agreement (Ener1 Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise Exercise shall be the next higher lower whole number of shares.

Appears in 4 contracts

Samples: Warrant Agreement (Nevro Corp), Warrant Agreement (Melinta Therapeutics, Inc. /New/), Warrant Agreement (Melinta Therapeutics, Inc. /New/)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be the next nex higher number of shares.

Appears in 4 contracts

Samples: Warrant Agreement (Medcare Technologies Inc), Warrant Agreement (Medcare Technologies Inc), Warrant Agreement (Medcare Technologies Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, the Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, the Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise Exercise shall be the next higher whole number of shares.

Appears in 4 contracts

Samples: Warrant Agreement (Sunpower Corp), Warrant Agreement (TotalEnergies SE), Warrant Agreement (Global Infrastructure Investors III, LLC)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, the Holder may purchase only a whole number of shares of Common StockOrdinary Shares. If, on Exercise of this Warrant, the Holder would be entitled to a fractional share of Common Stock Ordinary Shares or a right to acquire a fractional share of Common StockOrdinary Shares, such fractional share shall be disregarded and the number of shares of Common Stock Ordinary Shares issuable upon exercise Exercise shall be the next higher whole number of shares.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Maxeon Solar Technologies, Ltd.), Securities Purchase Agreement (Maxeon Solar Technologies, Ltd.), Securities Purchase Agreement (Zhonghuan Singapore Investment & Development Pte. Ltd.)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, the Holder hereof may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise conversion shall be the next higher number of shares.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Harvest Restaurant Group Inc), Warrant Agreement (Celgene Corp /De/)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be the next higher number of shares.

Appears in 2 contracts

Samples: Warrant Agreement (Weichai America Corp.), Warrant Agreement (Power Solutions International, Inc.)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on upon Exercise of this Warrant, the Holder hereof may purchase only a whole number of shares of Common Stock. If, on upon Exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise conversion shall be the next higher number of shares.

Appears in 2 contracts

Samples: Warrant Agreement (Ancor Communications Inc /Mn/), Warrant Agreement (Ancor Communications Inc /Mn/)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common StockShares. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock Share or a right to acquire a fractional share of Common StockShare, such fractional share shall be disregarded and the number of shares of Common Stock Shares issuable upon exercise Exercise shall be the next higher whole number of shares.

Appears in 2 contracts

Samples: Facility Agreement (Kempharm, Inc), Warrant Agreement (Kempharm, Inc)

Fractional Interests. No fractional shares or scrip representing -------------------- fractional shares shall be issuable upon the Exercise exercise of this Warrant, but on Exercise exercise of this Warrant, the Holder hereof may purchase only a whole number of shares of Common Stock. If, on Exercise exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be the next higher number of shares.

Appears in 2 contracts

Samples: Warrant Agreement (Interactive Entertainment LTD), Warrant Agreement (Interactive Entertainment LTD)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on and upon Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise Company shall be make a cash payment to Holder equal to the next higher number of sharesExercise Price multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Pacific Biosciences of California Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be rounded to the next higher nearest whole number of shares.

Appears in 1 contract

Samples: Warrant Agreement (Quikbiz Internet Group Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise conversion shall be the next higher number of shares.

Appears in 1 contract

Samples: Warrant Agreement (Celgene Corp /De/)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise exercise of this Warrant. If, on exercise of this Warrant, but on Exercise of this Warrant, the Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, the Company shall, in lieu of issuing any such fractional share shall be disregarded and share, pay to the number Holder an amount in cash equal to the product resulting from multiplying such fraction by the Trading Price as of shares of Common Stock issuable upon exercise shall be the next higher number of sharesExercise Date.

Appears in 1 contract

Samples: Warrant Agreement (Ener1 Inc)

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Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, the Holder may purchase only a whole number of shares of Common StockOrdinary Shares. If, on Exercise of this Warrant, the Holder would be entitled to a fractional share of Common Stock Ordinary Share or a right to acquire a fractional share of Common StockOrdinary Share, such fractional share shall be disregarded and the number of shares of Common Stock Ordinary Shares issuable upon exercise Exercise shall be the next higher whole number of shares.

Appears in 1 contract

Samples: Warrant Agency Agreement (Maxeon Solar Technologies, Ltd.)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common StockShares. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock Shares or a right to acquire a fractional share of Common StockShares, such fractional share shall be disregarded and the number of shares of Common Stock Shares issuable upon exercise Exercise shall be the next higher whole number of shares.

Appears in 1 contract

Samples: Facility Agreement (IMRIS Inc.)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise exercise of this Warrant, but on Exercise exercise of this Warrant, the Holder hereof may purchase only a whole number of shares of Common Stock. If, on Exercise exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, the Company shall, in lieu of issuing any such fractional share shall be disregarded and share, round the number of shares of Common Stock issuable upon such exercise shall be to the next higher number of sharesnearest whole integer.

Appears in 1 contract

Samples: Warrant Agreement (Ener1 Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise exercise of this Warrant, but on Exercise exercise of this Warrant, Holder may purchase only a whole number of shares of Common StockWarrant Shares. If, on Exercise exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock Warrant Shares issuable upon exercise shall be the next higher number of shares.

Appears in 1 contract

Samples: Warrant Agreement (Us Microbics Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise exercise of this Warrant, but on Exercise exercise of this Warrant, the Holder hereof may purchase only a 8 whole number of shares of Common Stock. If, on Exercise exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be the next higher number of shares.

Appears in 1 contract

Samples: Warrant Agreement (Wavephore Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, the Holder hereof may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise conversion shall be the next higher lower number of shares.

Appears in 1 contract

Samples: Warrant Agreement (Iexalt Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, if, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be the next higher number of shares.

Appears in 1 contract

Samples: Warrant Agreement (Advanced Lumitech Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder the holder hereof may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be the next higher number of shares.

Appears in 1 contract

Samples: Warrant Agreement (Amtec Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise exercise of this Warrant, but on Exercise exercise of this Warrant, the Holder hereof may purchase only a whole number of shares of Common Stock. If, on Exercise exercise of this Warrant, the Holder hereof would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be the next higher number of shares.

Appears in 1 contract

Samples: Securities Purchase Agreement (Wavephore Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise exercise of this Warrant, but on Exercise exercise of this Warrant, the Holder hereof may purchase only a whole number of shares of Common Stock. If, on Exercise exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be the next higher number of shares.,

Appears in 1 contract

Samples: Warrant Agreement (Queen Sand Resources Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise shall be rounded to the next higher closest whole number of shares.

Appears in 1 contract

Samples: Warrant Agreement (Edgar Online Inc)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise Exercise shall be the rounded up or down to the next higher closest whole number of shares.

Appears in 1 contract

Samples: Warrant Agreement (Insulet Corp)

Fractional Interests. No fractional shares or scrip representing fractional shares shall be issuable upon the Exercise of this Warrant, but on Exercise of this Warrant, Holder Xxxxxxxxx may purchase only a whole number of shares of Common Stock. If, on Exercise of this Warrant, Holder Xxxxxxxxx would be entitled to a fractional share of Common Stock or a right to acquire a fractional share of Common Stock, such fractional share shall be disregarded and the number of shares of Common Stock issuable upon exercise Exercise shall be the next higher closest number of whole shares.

Appears in 1 contract

Samples: Warrant Agreement (Lucas Energy, Inc.)

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