Common use of Fractional Interests Clause in Contracts

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 21 contracts

Samples: Warrant Agreement (ASM Acquisition CO LTD), Warrant Agreement (NTR Acquisition Co.), Warrant Agreement (Prospect Acquisition Corp)

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Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderWarrant Holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants Warrant (or specified portion portion, thereof), the Company shall pay an amount in cash equal to the fair market value closing price for one share of the Common Stock on the trading day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 15 contracts

Samples: Warrant Agreement (Griffin Industries Inc), Warrant Agreement (Crane James R), Warrant Agreement (Diamond Star Ventures Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, 8 be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on the day immediately preceding the date the Warrant is presented for exercisecurrent Exercise Price, multiplied by such fraction.

Appears in 13 contracts

Samples: Warrant Agreement (Cbre Holding Inc), Warrant Agreement (Wardlaw William M), Warrant Agreement (Malek Frederic V)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 12 contracts

Samples: Recapitalization Agreement (Global Crossing LTD), Recapitalization Agreement (Singapore Technologies Telemedia Pte LTD), Warrant Agreement (Club Regina Resorts Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 127, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall shall, at its sole option, pay an amount in cash equal to the fair market value on the day immediately preceding the date Market Price of the Warrant is presented for exercise, Share so issuable multiplied by such fraction.

Appears in 9 contracts

Samples: Warrant Agreement (Exeter Capital Partners IV, L.P.), Warrant Agreement (Banque Paribas), Warrant Agreement (Cd&l Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant fractions of Shares on the exercise of Underwriter Warrants. If more than one Underwriter Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable issuable on exercise of the Underwriter Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 129, be issuable on the exercise of any Warrants Underwriter Warrant (or specified portion portions thereof), the Company shall pay purchase such fraction for an amount in cash equal to the fair same fraction of the current market value price per Common Share (determined as provided in the second sentence of Section 8(d) of this Agreement) on the day immediately preceding the date the Warrant is presented for of exercise, multiplied by such fraction.

Appears in 7 contracts

Samples: Warrant Agreement (Edutrades, Inc.), Warrant Agreement (Handheld Entertainment, Inc.), Warrant Agreement (Claimsnet Com Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on average of the daily closing sale prices (determined in accordance with paragraph (d) of subsection 10.1) per share of Common Stock for the 20 consecutive trading days ending one trading day immediately preceding prior to the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 7 contracts

Samples: Revolving Line of Credit Agreement (Biotime Inc), Warrant Agreement (Biotime Inc), Revolving Line of Credit Agreement (Biotime Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same sale time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof thereon shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, 12 be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Closing Price for one share of the Common Stock, as defined in Section 11.1(c), on the trading day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 5 contracts

Samples: Warrant Agreement (Aremissoft Corp /De/), Warrant Agreement (Aremissoft Corp /De/), Warrant Agreement (Aremissoft Corp /De/)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrantsthe Warrant. If more than one Warrant Certificate shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants Warrant so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Common Stock Trading Price on the trading day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 5 contracts

Samples: Master Transaction Agreement (Ion Media Networks Inc.), Master Transaction Agreement (Cig Media LLC), Master Transaction Agreement (Cig Media LLC)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderWarrant Holder, the number of full Warrant Shares which that shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants Warrant (or specified portion portion, thereof), the Company shall pay an amount in cash equal to the fair market value Market Price for one share of the Common Stock on the trading day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 4 contracts

Samples: Warrant Agreement (Tsg2 L P), Warrant Agreement (Authentic Specialty Foods Inc), Warrant Agreement (Authentic Specialty Foods Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Fair Value per Warrant Share, as determined on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction, computed to the nearest whole U.S. cent.

Appears in 4 contracts

Samples: Warrant Agreement (Quaker Holding Co), Warrant Agreement (Insilco Holding Co), Warrant Agreement (Club Regina Resorts Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on upon the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderWarrant Holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the "fair market value value" (determined as provided in Section 5(a) above) of the Common Stock on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 4 contracts

Samples: Warrant Agreement (Insight Health Services Corp), Warrant Agreement (Insight Health Services Corp), Warrant Agreement (Tc Group LLC)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 128, be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on average of the daily closing sale prices (determined in accordance with paragraph 6.1(d)) per share of Common Stock for the 20 consecutive trading days ending one trading day immediately preceding prior to the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 4 contracts

Samples: Warrant Agreement (Biotime Inc), Warrant Agreement (Biotime Inc), Warrant Agreement (Biotime Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall shall, pay an amount in cash equal to the fair market value on the day immediately preceding the date of the Warrant is presented for exerciseShare so issuable (as determined in good faith by the board of directors of the Company), multiplied by such fraction.

Appears in 3 contracts

Samples: Warrant Agreement (Hall of Fame Resort & Entertainment Co), Warrant Agreement (Hall of Fame Resort & Entertainment Co), Warrant Agreement (Hall of Fame Resort & Entertainment Co)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Current Market Price (as defined in Section 10(f)) on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 3 contracts

Samples: Warrant Agreement (Valuevision International Inc), Warrant Agreement (National Media Corp), Warrant Agreement (National Media Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which that shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If If, notwithstanding the aggregation pursuant to the preceding sentence, any fraction of a Warrant Share would, except for the provisions of this Section 12, would be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 3 contracts

Samples: Warrant Agreement (Moscow Telecommunications Corp), Warrant Agreement (Moscow Cablecom Corp), Warrant Agreement (Moscow Cablecom Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall shall, pay an amount in cash equal to the fair market value on (as determined in good faith by the day immediately preceding the date Board of Directors) of the Warrant is presented for exerciseShare so issuable, multiplied by such fraction.

Appears in 3 contracts

Samples: Warrant Agreement (Ixl Enterprises Inc), Warrant Award Agreement (Ixl Enterprises Inc), Warrant Award Agreement (Ixl Enterprises Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares shares of Common Stock on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares shares of Common Stock which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares shares of Common Stock purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share shares of Common Stock would, except for the provisions of this Section 124.18, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 3 contracts

Samples: Warrant Agreement (Madison Square Capital, Inc.), Warrant Agreement (Two Harbors Investment Corp.), Warrant Agreement (Capitol Acquisition Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presentedrequested to be exercised. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair product of (i) such fraction of a Warrant Share and (ii) the difference between the current market value on price of a share of Common Stock and the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fractionExercise Price.

Appears in 3 contracts

Samples: Warrant Agreement (Labone Inc/), Warrant Agreement (Labone Inc/), Warrant Agreement (Welsh Carson Anderson & Stowe Ix Lp)

Fractional Interests. The Company shall not be required -------------------- to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value excess of the Current Market Value of a Warrant Share over the Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 3 contracts

Samples: Warrant Agreement (Endo Pharma LLC), Merger Agreement (Algos Pharmaceutical Corp), Warrant Agreement (Endo Pharmaceuticals Holdings Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on the day immediately preceding the date Specified Value of the Warrant is presented for exercise, Share so issuable multiplied by such fraction.

Appears in 3 contracts

Samples: Warrant Agreement (Global Geophysical Services Inc), Warrant Agreement (Global Geophysical Services Inc), Warrant Agreement (Global Geophysical Services Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on average of the daily closing sale prices (determined in accordance with paragraph (d) of Section 10.1) per share of Common Stock for the 20 consecutive trading days ending one trading day immediately preceding prior to the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 3 contracts

Samples: Warrant Agreement (Biotime Inc), Warrant Agreement (Biotime Inc), Warrant Agreement (Biotime Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 129, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall shall, pay an amount in cash equal to the fair market value on the day immediately preceding the date Fair Market Value of the Warrant is presented for exerciseShare so issuable, multiplied by such fraction.

Appears in 3 contracts

Samples: Warrant Agreement (Ixl Enterprises Inc), Warrant Agreement (Ixl Enterprises Inc), Warrant Agreement (Ixl Enterprises Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of the Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of the Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Market Price of the Warrant Share on the business day immediately preceding the date the Warrant is presented for exerciseexercise of such Warrants, multiplied by such fraction.

Appears in 3 contracts

Samples: Warrant Agreement (Great Atlantic & Pacific Tea Co Inc), Warrant Agreement (Great Atlantic & Pacific Tea Co Inc), Warrant Agreement (Pathmark Stores Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable receivable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on sum of 1/20th of the day Volume Weighted Average Price per Warrant Share for each of the 20 Trading Days immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement, Warrant Agreement (Lee Enterprises, Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value excess of the Current Market Value of a Warrant Share over the Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc), Warrant Agreement (Endo Pharmaceuticals Holdings Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on upon the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the full number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay to the Holder an amount in cash equal to the fair market value on the day immediately preceding the date the product of (i) such fraction of a Warrant is presented for exercise, Share multiplied by such fraction(ii) the difference of the Current Market Price of a Common Share over the Exercise Price.

Appears in 2 contracts

Samples: Warrant Agreement (Abovenet Inc), Warrant Agreement (Abovenet Inc)

Fractional Interests. The Notwithstanding any adjustment required pursuant to this Agreement, the Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Fair Value per Warrant Share, as determined on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction, computed to the nearest whole U.S. cent.

Appears in 2 contracts

Samples: Warrant Agreement (Windsor Woodmont Black Hawk Resort Corp), Warrant Agreement (Windsor Woodmont Black Hawk Resort Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 125, be issuable on the exercise of any Warrants (or specified portion thereof), then the Company shall shall, at its sole option, pay an amount in cash equal to the fair market value on of the day immediately preceding the date the Warrant is presented for exercise, Share so issuable multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Corecomm LTD /De/), Warrant Agreement (Corecomm LTD /De/)

Fractional Interests. The Company shall not be required -------------------- to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Prometheus Homebuilders Funding Corp), Warrant Agreement (Tc Group LLC)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall shall, pay an amount in cash equal to the fair market value on (as determined in good faith by the day immediately preceding the date Board of Directors) of the Warrant is presented for exerciseShare so issuable, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Ixl Enterprises Inc), Warrant Agreement (Ixl Enterprises Inc)

Fractional Interests. The Company shall not be required to -------------------- issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value excess of the Current Market Value of a Warrant Share over the Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Endo Pharmaceuticals Holdings Inc), Warrant Agreement (Endo Pharmaceuticals Holdings Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to (a) the fair market value Fair Market Value for one Share, as defined herein, on the day immediately preceding the date the Warrant is presented for exercise, exercise multiplied by (b) such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (McLeodusa Inc), Warrant Agreement (Forstmann Little & Co Sub Debt & Eq MGMT Buyout Par Vii Lp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (St Mary Land & Exploration Co), Warrant Agreement (Advanced Radio Telecom Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 129, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall shall, pay an amount in cash equal to the fair market value on (as determined in good faith by the day immediately preceding the date Board of Directors) of the Warrant is presented for exerciseShare so issuable, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Ixl Enterprises Inc), Warrant Agreement (Ixl Enterprises Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 128, be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value closing price for one share of the Common Stock, as defined in paragraph (f) of Section 7.2, on the trading day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Level 3 Communications Inc), Warrant Agreement (Level 3 Communications Inc)

Fractional Interests. The Company shall not be -------------------- required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value excess of the Current Market Value of a Warrant Share over the Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Endo Pharmaceuticals Holdings Inc), Warrant Agreement (Endo Pharmaceuticals Holdings Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Rate on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 2 contracts

Samples: Supplemental Warrant Agreement (Prometheus Homebuilders LLC), Restructuring Agreement (Prometheus Homebuilders LLC)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value closing price for one share of the Common Stock, as defined in paragraph (c) of Section 11.1, on the trading day immediately preceding the date the Warrant is presented for exercise, multiplied by such fractionfaction.

Appears in 2 contracts

Samples: Warrant Agreement (Data Dimensions Inc), Warrant Agreement (International Airline Support Group Inc)

Fractional Interests. The Company shall not be required to -------------------- issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on (as determined in good faith by the day immediately preceding the date Board of Directors) of the Warrant is presented for exerciseShare so issuable, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Ixl Enterprises Inc), Warrant Agreement (Ixl Enterprises Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of the Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of the Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on the day immediately preceding the date of the Warrant is presented for exerciseShare so issuable (as determined in good faith by the Board of Directors), multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Pathmark Stores Inc), Warrant Agreement (Pathmark Stores Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market excess of the value (as determined by the Board of Directors in good faith) of a Warrant Share over the Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Chesapeake Energy Corp), Warrant Agreement (Hvide Marine Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Current Market Value on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Source Media Inc), Warrant Agreement (Comforce Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Bio Rad Laboratories Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on the day immediately preceding the date of the Warrant is presented for exerciseShare so issuable (as determined in good faith by the Board of Directors), multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Submicron Systems Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Odwalla Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares shares of Common Stock on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares shares of Common Stock which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares shares of Common Stock purchasable on exercise of the Warrants so presented. If any fraction faction of a Warrant Share shares of Common Stock would, except for the provisions of this Section 121.3(c), be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Current Market Value of one share of the Common Stock on the day Business Day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Siena Technologies, Inc.)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair current market value price per Warrant Share, as determined on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction, computed to the nearest whole U.S. cent.

Appears in 1 contract

Samples: Warrant Agreement (Advanced Radio Telecom Corp)

Fractional Interests. The Company shall not be required to -------------------- issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Rate on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Prometheus Homebuilders LLC)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same sale time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof thereon shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, 12 be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value closing price for one share of the Common Stock, as defined in paragraph (c.) of Section 11.1, on the trading day immediately preceding the date the Warrant is presented for exercise, multiplied by such fractionfaction.

Appears in 1 contract

Samples: Warrant Agreement (Compass Plastics & Technologies Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a the Warrant Share Shares would, except for the provisions of this Section 1216, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value product of (x) the Fair Market Value per Share on the day immediately preceding the date the Warrant is presented for exercise, multiplied by (y) the Conversion Rate, multiplied by (z) such fraction.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Internationale Nederlanden Capital Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 129, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Interpool Inc)

Fractional Interests. The Company shall not be required to -------------------- issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Prometheus Homebuilders Funding Corp)

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Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on average of the daily closing sale prices (determined in accordance with paragraph (d) of Section 10.1) per share of Warrant Agreement-2009 Common Stock for the 20 consecutive trading days ending one trading day immediately preceding prior to the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Biotime Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof)all outstanding Warrants, the Company shall pay an amount in cash equal to the fair market value on the day immediately preceding the date of the Warrant is presented for exerciseShare so issuable (as determined in good faith by the Board of Directors), multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Amcast Industrial Corp)

Fractional Interests. The Company shall not be required to -------------------- issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market excess of the value (as determined by the Board of Directors in good faith) of a Warrant Share over the Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Gothic Energy Corp)

Fractional Interests. The Company shall not be required to issue -------------------- fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Prometheus Homebuilders LLC)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Current Market Value per Warrant Share on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Jostens Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares Components on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares Components which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares Components purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share Component would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), in lieu of issuing such fractional Component, the Company shall may pay an amount in cash equal to the fair market value Fair Market Value of such fractional Component on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (LEM America, Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Current Market Value on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (National Tobacco Co Lp)

Fractional Interests. The Company shall not be required -------------------- to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 129, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair current market value price per Warrant Share as determined pursuant to Section 8(f) on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Alyn Corp)

Fractional Interests. The Company shall not be required -------------------- to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value of such Warrant (as determined in accordance with Section 5 hereof) on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Creditrust Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Class A Shares which shall be issuable upon the such exercise thereof shall be computed on the basis of the aggregate number of Warrant Class A Shares purchasable on exercise of the Warrants so presented. The Company shall not be required to issue fractional Class A Shares upon the exercise of Warrants. If any fraction of a Warrant Class A Share would, except for the provisions of this Section 124.5, be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash calculated by it to be equal to the fair market value on the day immediately preceding the date the Warrant is presented for exercise, then Current Market Value per Class A Share multiplied by such fractionfraction computed to the nearest whole cent.

Appears in 1 contract

Samples: Warrant Agreement (RSL Communications PLC)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 129, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Fair Market Value on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Onepoint Communications Corp /De)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant War- rant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise ex- ercise thereof shall be computed on the basis of the aggregate number of Warrant War- rant Shares purchasable on exercise of the Warrants so presented. If any fraction frac- tion of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Current Market Value per Warrant Share on the day immediately preceding the date the Warrant is presented pre- sented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Coastal Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1214, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Photogen Technologies Inc)

Fractional Interests. The Company shall not be required require -------------------- to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value excess of the Current Market Value of a Warrant Share over the Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Merger Agreement (Algos Pharmaceutical Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a the Warrant Share Shares would, except for the provisions of this Section 1216, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Fair Market Value per Share on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Internationale Nederlanden Capital Corp)

Fractional Interests. The Company shall not be required -------------------- to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1211, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market excess of the value (as determined by the Board of Directors in good faith) of a Warrant Share over the Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Wm Acquisition Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which that shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 129, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Fair Market Value per Warrant Share, as determined on the day immediately preceding the date the such Warrant is presented for exercise, multiplied by such fraction, computed to the nearest whole U.S. cent.

Appears in 1 contract

Samples: Warrant Agreement (Idleaire Technologies Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrantsthis Warrant. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12Section, be issuable on the exercise of any Warrants this Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the this Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Desa Holdings Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value closing price for one share of the Common Stock, as determined in accordance with paragraph (e) of Section 9.1, on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.the

Appears in 1 contract

Samples: Warrant Agreement (Benton Oil & Gas Co)

Fractional Interests. The Company shall not be required -------------------- to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Current Market Value per share of the Class A Common Stock of the Company on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Jostens Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12SECTION 13, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Imcor Pharmaceutical Co)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall shall, pay an amount in cash equal to the fair market value on the day immediately preceding the date Fair Market Value of the Warrant is presented for exerciseShare so issuable, multiplied by such fraction.

Appears in 1 contract

Samples: Deed of Release (Scient Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which that shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 129, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Fair Market Value per Warrant Share then, in lieu of issuing such fraction of a Warrant Share, as determined on the day immediately preceding the date the such Warrant is presented for exercise, multiplied by such fraction, computed to the nearest whole U.S. cent.

Appears in 1 contract

Samples: Warrant Agreement (Platinum Pressure Pumping, Inc.)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1214, be issuable receivable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value on sum of 1/20 of the day Volume Weighted Average Price per Warrant Share for each of the 20 Trading Days immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Louisiana-Pacific Corp)

Fractional Interests. The Company shall not be required to issue -------------------- fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market excess of the value (as determined by the Board of Directors in good faith) of a Warrant Share over the Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Samsonite Corp/Fl)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1210, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value same fraction of the Fair Market Value (as determined by the Company) of one Warrant Share on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Globe Holdings Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Pca International Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1218, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Fair Value per Warrant Share, as determined on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction, computed to the nearest whole U.S. cent.

Appears in 1 contract

Samples: Warrant Agreement (R&b Falcon Corp)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a the Warrant Share Shares would, except for the provisions of this Section 1217, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Fair Market Value per Share on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Creative Host Services Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 126, be issuable on the upon exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value applicable Exercise Price on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Restructure Agreement (Waterpur International Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which that shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on in the exercise of any Warrants Warrant (or specified portion thereof), the Company shall calculate and pay an amount in cash equal to the fair then current market value on the day immediately preceding the date the price per Warrant is presented for exercise, Share (as defined in Section 11.1(b) above) multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Tesoro Petroleum Corp /New/)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay to the Warrant Holder an amount in cash equal to the fair product of (i) such fraction of a Warrant Share and (ii) the difference of the current market value on price of a share of Common Stock over the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fractionExercise Price.

Appears in 1 contract

Samples: Warrant Agreement (NationsHealth, Inc.)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 1213, be issuable on the exercise of any Warrants (or specified portion thereof), the Company shall pay an amount in cash equal to the fair market value Current Market Value per share of the Class A Common Stock of the Company on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Jostens Inc)

Fractional Interests. The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be presented for exercise in full at the same time by the same holderHolder, the number of full Warrant Shares which shall be issuable upon the exercise thereof shall be computed on the basis of the aggregate number of Warrant Shares purchasable on exercise of the Warrants so presented. If any fraction of a Warrant Share would, except for the provisions of this Section 12, be issuable on the exercise of any Warrants Warrant (or specified portion portion, thereof), the Company shall pay an amount in cash equal to the fair market value on Market Price for one share of Common Stock as of the trading day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction.

Appears in 1 contract

Samples: Warrant Agreement (Sterling Chemical Inc)

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