Common use of Fractional Interests Clause in Contracts

Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock upon exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 13, be issuable on the exercise of a Warrant, the number of Warrant Shares to be issued by the Company shall be rounded to the nearest whole number, with one-half or greater being rounded up.

Appears in 60 contracts

Samples: Warrant Agreement (Gunpowder Gold Corp), Regulation S Subscription Agreement (Suspect Detection Systems, Inc.), Warrant Agreement (Gunpowder Gold Corp)

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Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock upon exercise of the Class A Warrants or to distribute certificates certif icates that evidence fractional tract onal shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 1314, be issuable on the exercise of a Class A Warrant, the number of Warrant Shares to be issued by the Company shall be rounded up to the nearest whole number, with one-half or greater being rounded up.

Appears in 21 contracts

Samples: Subscription Agreement, Subscription and Investor's Representation Agreement (KinerjaPay Corp.), Subscription and Investor's Representation Agreement (KinerjaPay Corp.)

Fractional Interests. The Company shall not be required to issue fractional fractions of shares of Common Stock upon on the exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stockthis Warrant. If any fraction of a Warrant Share would, except for the provisions share of this Section 13, Common Stock would be issuable on upon the exercise of a Warrantthis Warrant (or any portion thereof), the number of Warrant Shares to be issued by the Company shall be rounded purchase such fraction for an amount in cash equal to the nearest whole number, with one-half same fraction of the last reported sale price of the Common Stock on the NASDAQ National Market System or greater being rounded upany other national securities exchange on which the Common Stock is then listed.

Appears in 12 contracts

Samples: Common Stock Purchase Warrant (Angeion Corp/Mn), Common Stock Purchase Warrant (Angeion Corp/Mn), Common Stock Purchase Warrant (Angeion Corp/Mn)

Fractional Interests. The Company shall not be required to issue fractional fractions of shares of Common Warrant Stock upon exercise the Exercise or Exchange of the Warrants or to distribute certificates that evidence fractional shares of Common Stockthis Warrant. If any fraction of a share of Warrant Share would, except for Stock would be issuable upon the provisions exchange of this Section 13Warrant (or any portion thereof), be issuable on the exercise of a Warrant, the number of Warrant Shares to be issued by the Company shall be rounded purchase such fraction for an amount in cash equal to the nearest whole number, with one-half or greater being rounded upFair Market Value of the Warrant Stock.

Appears in 11 contracts

Samples: Warrant Agreement (Isc8 Inc. /De), Warrant Agreement (Isc8 Inc. /De), Warrant Agreement (Isc8 Inc. /De)

Fractional Interests. The Notwithstanding any provision contained in this Agreement to the contrary, the Company shall not be required to issue fractional shares upon exercise of Warrants. If, by reason of any adjustment made pursuant to this Section 12, the holder of any Warrant would be entitled, upon the exercise of such Warrant, to receive a fractional interest in a share, the Company shall, upon such exercise, round up or down to the nearest whole number of the shares of Common Stock upon exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 13, be issuable on the exercise of a Warrant, the number of Warrant Shares to be issued by the Company shall be rounded to the nearest whole number, with one-half or greater being rounded upWarrant holder.

Appears in 7 contracts

Samples: Warrant Agreement (Raycliff Acquisition Corp), Warrant Agreement (BPW Acquisition Corp.), Warrant Agreement (Capstar Acquisition Corp.)

Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock upon on the exercise of the Warrants or to distribute certificates that evidence fractional shares of Common StockWarrants. If any fraction of a Warrant Share would, except for the provisions share of this Section 13, Common Stock would be issuable on upon the exercise of a Warrantthe Warrants (or any specified portion thereof), the number of Warrant Shares to be issued by the Company shall be rounded pay an amount in cash equal to the nearest whole number, with one-half or greater being rounded upproduct of (x) such fraction and (y) the Daily Market Price of the Common Stock on the trading day prior to the date the Warrant is exercised.

Appears in 6 contracts

Samples: Warrant Agreement (Vishay Precision Group, Inc.), Warrant Agreement (Vishay Precision Group, Inc.), Warrant Agreement (Vishay Precision Group, Inc.)

Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock upon on the exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stocka Warrant. If any fraction faction of a Warrant Share would, except for the provisions of this Section 13, share would be issuable on the exercise of a WarrantWarrant (or specified portion thereof), the number of Warrant Shares to be issued by the Company shall be rounded pay an amount in cash equal to the nearest whole number, with one-half or greater being rounded upCurrent Market Price per share of Common Stock (as defined in Section 6) multiplied by such fraction.

Appears in 4 contracts

Samples: Purchase Agreement (American Ecology Corp), Warrant Agreement (American Ecology Corp), Settlement Agreement (American Ecology Corp)

Fractional Interests. The Notwithstanding any provision contained in this Agreement to the contrary, the Company shall not be required to issue fractional shares upon exercise of Warrants. If, by reason of any adjustment made pursuant to this Section 12, the holder of any Warrant would be entitled, upon the exercise of such Warrant, to receive a fractional interest in a share, the Company shall, upon such exercise, round up to the nearest whole number of the shares of Common Stock upon exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 13, be issuable on the exercise of a Warrant, the number of Warrant Shares to be issued by the Company shall be rounded to the nearest whole number, with one-half or greater being rounded upWarrant holder.

Appears in 3 contracts

Samples: Warrant Agreement (National Energy Resources Acquisition CO), Warrant Agreement (National Energy Resources Acquisition CO), Warrant Agreement (National Energy Resources Acquisition CO)

Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock upon the exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stockthis Warrant. If any fraction of a Warrant Share would, except for the provisions shares of this Section 13, Common Stock would be issuable on upon the exercise of a Warrantthis Warrant (or specified portion thereof), the number of Warrant Shares to be issued by the Company shall be rounded pay an amount in cash equal to the nearest whole numberfair market value (as determined in good faith by the Company’s Board of Directors) of one (1) share of Common Stock on the Business Day immediately preceding the date this Warrant is presented for exercise, with one-half or greater being rounded upmultiplied by such fraction.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Interactive Motorsports & Entertainment Corp), Common Stock Purchase Warrant (Interactive Motorsports & Entertainment Corp), Common Stock Purchase Warrant (Interactive Motorsports & Entertainment Corp)

Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock upon on the exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stockany Warrant. If any fraction of a Warrant Share share would, except for the provisions of this Section 137, be issuable on the exercise of a Warrantthis Warrant (or specified portions thereof), the number of Warrant Shares to be issued by the Company shall be rounded to the nearest whole number, with one-half or greater being rounded upissue a full share of Common Stock in lieu of such fractional share.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Prospect Global Resources Inc.), Securities Purchase Agreement (Prospect Global Resources Inc.), Securities Purchase Agreement (Prospect Global Resources Inc.)

Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock upon exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 1314, be issuable on the exercise of a Warrant, the number of Warrant Shares to be issued by the Company shall be rounded to the nearest whole number, with one-half or greater being rounded up.

Appears in 2 contracts

Samples: Warrant Agreement (Energtek), Warrant Agreement (Energtek)

Fractional Interests. The Company shall not be required to issue a fractional shares share of Common Stock upon exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stockany Warrant. If an adjustment made pursuant to this Section 4 entitles the Holder to any fraction of a Warrant Share wouldshare, except for the provisions of this Section 13, be issuable on the exercise of a Warrant, the number of Warrant Shares to be issued by the Company such fraction shall be rounded to the nearest whole number, with one-half or greater being rounded upnumber and the Holder shall be entitled to that number of shares.

Appears in 2 contracts

Samples: Warrant Agreement (Vasco Data Security International Inc), Warrant Agreement (Vasco Data Security International Inc)

Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock upon exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stock. If scf\scf10490 any fraction of a Warrant Share would, except for the provisions of this Section 13, be issuable on the exercise of a Warrant, the number of Warrant Shares to be issued by the Company shall be rounded to the nearest whole number, with one-half or greater being rounded up.

Appears in 2 contracts

Samples: Warrant Agreement (Liberty Petroleum Inc), Warrant Agreement (Liberty Petroleum Inc)

Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock upon exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Common Stock Warrant Share would, except for the provisions of this Section 1312, be issuable on the exercise of to a WarrantWarrantholder, the number of Common Stock Warrant Shares to be issued by the Company to such Warrantholder shall be rounded to the nearest whole number, with one-half or greater being rounded up. Warrant Shares comprised of Preferred Stock may be issued as fractional interests.

Appears in 2 contracts

Samples: Capital Stock Warrant Agreement (Luminent Mortgage Capital Inc), Capital Stock Warrant Agreement (Arco Capital Corp LTD)

Fractional Interests. The Company shall not be required to issue fractional fractions of shares of Common Stock upon the exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stockthis Warrant. If any fraction of a Warrant Share would, except for the provisions share of this Section 13, Common Stock would be issuable on upon the exercise of a Warrantthis Warrant (or any portion thereof), the number of Warrant Shares to be issued by the Company shall be rounded purchase such fraction for an amount in cash equal to the nearest whole numberFair Market Value of such fractional share, with one-half or greater being rounded upas such value is determined under Section 1.3(c) above.

Appears in 1 contract

Samples: Warrant Agreement (Calix Networks Inc)

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Fractional Interests. The Company Corporation shall not be required to issue fractional shares of Common Stock upon exercise of the Warrants any Class A Warrant or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 1314, be issuable on the exercise of a Class A Warrant, the number of Warrant Shares to be issued by the Company Corporation shall be rounded up to the nearest whole number, with one-half or greater being rounded up.

Appears in 1 contract

Samples: Warrant Agreement (Zaxis International Inc)

Fractional Interests. The Company shall not be required to issue fractional fractions of shares of Common Stock upon the exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stockany Warrants. If any fraction of a Warrant Share share of Common Stock would, except for the provisions of this Section 1310, be issuable on the exercise of a any Warrant, the number Company shall purchase such fraction for an amount in cash equal to the same fraction of Warrant Shares to be issued the fair market value of one share of Common Stock on the date of exercise, as determined by the Company shall be rounded to the nearest whole number, with one-half or greater being rounded upCompany.

Appears in 1 contract

Samples: Warrant Agreement (Educational Video Conferencing Inc)

Fractional Interests. The Company shall not be required to issue fractional shares of Common Preferred Stock upon exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Preferred Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 1314, be issuable on the exercise of a Warrant, the number of Warrant Shares to be issued by the Company shall be rounded to the nearest whole number, with one-half or greater being rounded up.

Appears in 1 contract

Samples: Warrant Agreement (Motomova Inc)

Fractional Interests. The Notwithstanding the provisions of the Articles of Incorporation of the Company, the Company shall not be required to issue fractional shares of Common Stock upon exercise of the Convertible Note Warrants or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 13Paragraph 12, be issuable on the exercise of a Warrant, the number of Warrant Shares to be issued by the Company shall be rounded to the nearest whole number, with one-half or greater being rounded up, and less than one-half being rounded down.

Appears in 1 contract

Samples: Convertible Note Agreement (Future Now Group Inc.)

Fractional Interests. The Company Corporation shall not be required to issue fractional shares of Common Stock upon exercise of the Warrants any Class E Warrant or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 1314, be issuable on the exercise of a Class E Warrant, the number of Warrant Shares to be issued by the Company Corporation shall be rounded up to the nearest whole number, with one-half or greater being rounded up.

Appears in 1 contract

Samples: Warrant Agreement (Zaxis International Inc)

Fractional Interests. The Company Corporation shall not be required to issue fractional shares of Common Stock upon exercise of the Warrants any Class C Warrant or Class A Warrant or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 1314, be issuable on the exercise of a Class C Warrant or Class A Warrant, the number of Warrant Shares to be issued by the Company Corporation shall be rounded up to the nearest whole number, with one-half or greater being rounded up.

Appears in 1 contract

Samples: Class C Unit Warrant Agreement (Zaxis International Inc)

Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock ordinary shares upon exercise of the Warrants or to distribute certificates that evidence fractional shares of Common Stockordinary shares. If any fraction of a Warrant Share would, except for the provisions of this Section 13Section, be issuable on the exercise of a Warrant, the number of Warrant Shares to be issued by the Company shall be rounded to the nearest whole number, with one-half or greater being rounded up.

Appears in 1 contract

Samples: Employment Service Agreement (Todos Medical Ltd.)

Fractional Interests. The Company shall not be required to issue fractional shares of Common Stock upon exercise of the Class A Warrants or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 1314, be issuable on the exercise of a Class A Warrant, the number of Warrant Shares to be issued by the Company shall be rounded up to the nearest whole number, with one-half or greater being rounded up.

Appears in 1 contract

Samples: Subscription and Investor's Representation Agreement (KinerjaPay Corp.)

Fractional Interests. The Company Corporation shall not be required to issue fractional shares of Common Stock upon exercise of the Class B Warrants or to distribute certificates that evidence fractional shares of Common Stock. If any fraction of a Warrant Share would, except for the provisions of this Section 1314, be issuable on the exercise of a Class B Warrant, the number of Warrant Shares to be issued by the Company Corporation shall be rounded to the nearest whole number, with one-half or greater being rounded up.

Appears in 1 contract

Samples: Consultant's Class B Warrant Agreement (Zaxis International Inc)

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