Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 371 contracts
Samples: Security Note (NorthView Acquisition Corp), Security Note (NorthView Acquisition Corp), Note (ReShape Lifesciences Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 325 contracts
Samples: Convertible Security Agreement (Aspire Biopharma Holdings, Inc.), Convertible Security Agreement (NanoVibronix, Inc.), Convertible Security Agreement (Reborn Coffee, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Borrower shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 178 contracts
Samples: Convertible Security Agreement (Plus Therapeutics, Inc.), Convertible Security Agreement (Plus Therapeutics, Inc.), Line of Credit Agreement (Star Alliance International Corp.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 105 contracts
Samples: Convertible Security Agreement (Protea Biosciences Group, Inc.), Convertible Security Agreement (Spectrascience Inc), Debt Purchase Agreement (Titan Iron Ore Corp.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 65 contracts
Samples: Subscription Agreement (First Choice Healthcare Solutions, Inc.), Convertible Note (Greenlane Holdings, Inc.), Convertible Security Agreement (Awaysis Capital, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Fixed Conversion Price or round up to the next whole share.
Appears in 39 contracts
Samples: Convertible Security Agreement (Endexx Corp), Convertible Security Agreement (American Noble Gas, Inc.), Convertible Security Agreement (Endexx Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which that the Holder would otherwise be entitled to purchase upon such conversion, the Company shall shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 35 contracts
Samples: Senior Secured Convertible Promissory Note (Fathom Holdings Inc.), Senior Secured Convertible Note (Elicio Therapeutics, Inc.), Senior Secured Convertible Promissory Note (Dyadic International Inc)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 27 contracts
Samples: Securities Purchase Agreement (Neuraxis, INC), Securities Purchase Agreement (Artificial Intelligence Technology Solutions Inc.), Securities Purchase Agreement (Neuraxis, INC)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which of Common Stock that the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Calculated Conversion Price or the Alternative Conversion Price, as relevant, or round up to the next whole share.
Appears in 16 contracts
Samples: Security Agreement (Regen BioPharma Inc), Security Agreement (Regen BioPharma Inc), Convertible Security Agreement (Regen BioPharma Inc)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion Conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionConversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 14 contracts
Samples: Unsecured Convertible Note (Flewber Global Inc.), Unsecured Convertible Note (Flewber Global Inc.), Securities Purchase Agreement (Chromocell Therapeutics Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As If any conversion of this Note would create a fractional share or a right to any fraction of acquire a share which the Holder would otherwise be entitled to purchase upon such conversionfractional share, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next nearest whole sharenumber.
Appears in 14 contracts
Samples: Convertible Promissory Note (Bionik Laboratories Corp.), Convertible Preferred Note (Biotricity Inc.), Secured Convertible Promissory Note (Bionik Laboratories Corp.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 13 contracts
Samples: Convertible Promissory Note (chatAND, Inc.), Convertible Promissory Note (chatAND, Inc.), Convertible Promissory Note (chatAND, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which that the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 11 contracts
Samples: Convertible Security Agreement (Uppercut Brands, Inc.), Convertible Security Agreement (Creative Medical Technology Holdings, Inc.), Convertible Security Agreement (Creative Medical Technology Holdings, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up the fraction to the next whole share as long as it does not violate the Beneficial Ownership Limitation in which case the fractional share shall be xxxxxxxxxxx.xx the next whole share.
Appears in 9 contracts
Samples: Convertible Security Agreement (Innovation1 Biotech Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.), Securities Purchase Agreement (Live Current Media Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Fixed Conversion Price or Alternate Conversion Price, whichever is in effect, or round up to the next whole share.
Appears in 9 contracts
Samples: Convertible Security Agreement (Ifan Financial, Inc.), Convertible Security Agreement (Greenhouse Solutions, Inc.), Convertible Security Agreement (Ifan Financial, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of all or any portion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or Amortization Conversion Price, as applicable, or round up to the next whole share.
Appears in 9 contracts
Samples: Convertible Security Agreement (Klotho Neurosciences, Inc.), Convertible Security Agreement (Psyence Biomedical Ltd.), Convertible Security Agreement (Psyence Biomedical Ltd.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion Conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionConversion, the Company Issuer shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price then in effect or the Automatic Conversion Price, as applicable or round up to the next whole share.
Appears in 8 contracts
Samples: Convertible Note (Hightimes Holding Corp.), Convertible Note (Hightimes Holding Corp.), Convertible Note (Hightimes Holding Corp.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion Conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionConversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 6 contracts
Samples: Convertible Security Agreement (US Dry Cleaning Services Corp), Convertible Security Agreement (US Dry Cleaning Services Corp), Convertible Security Agreement (US Dry Cleaning Services Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notehereof. As to any fraction of a share to which the Holder Noteholder would otherwise be entitled to purchase upon such conversion, the Company shall Borrower shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 6 contracts
Samples: Consulting Agreement (JanOne Inc.), Convertible Security Agreement (JanOne Inc.), Convertible Security Agreement (JanOne Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in immediately available Dollars in respect of such final fraction in an amount equal to such fraction multiplied by the Fixed Conversion Price or round up to the next whole share.
Appears in 6 contracts
Samples: Convertible Security Agreement (Vsee Health, Inc.), Convertible Security Agreement (Vsee Health, Inc.), Convertible Security Agreement (Vsee Health, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Alternate Conversion Price Price, or round up to the next whole share.
Appears in 5 contracts
Samples: Convertible Security Agreement (Cachet Financial Solutions, Inc.), Convertible Security Agreement (Cachet Financial Solutions, Inc.), Securities Purchase Agreement (Cachet Financial Solutions, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up down to the next whole share.
Appears in 5 contracts
Samples: Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (Progressive Care Inc.)
Fractional Shares. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the conversion of this Note. As to any fraction of a share Share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole shareShare.
Appears in 5 contracts
Samples: Convertible Note Agreement (Ipsidy Inc.), Securities Purchase Agreement (Ipsidy Inc.), Convertible Note (Ipsidy Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteSecurities. As to If any fraction such conversion would otherwise require the issuance of a fractional share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up current market price per share of common stock (determined as provided in paragraph (6) of Section 11.04) on the day of conversion shall be paid to the next whole shareHolder in cash by the Company.
Appears in 5 contracts
Samples: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the any conversion of this Notethe Securities. As to If any fraction such conversion would otherwise require the issuance of a fractional share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up current market price per share of Common Stock (determined as provided in paragraph (6) of Section 10.4) on the day of conversion shall be paid to the next whole shareHolder in cash by the Company.
Appears in 5 contracts
Samples: Indenture (Alternative Living Services Inc), Indenture (Assisted Living Concepts Inc), Indenture (Sterling House Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Discovery Energy Corp.), Debenture Agreement (Discovery Energy Corp.), Convertible Security Agreement (Discovery Energy Corp.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price then in effect or the Automatic Conversion Price, as applicable or round up to the next whole share.
Appears in 4 contracts
Samples: Convertible Security Agreement (Protea Biosciences Group, Inc.), Convertible Security Agreement (Protea Biosciences Group, Inc.), Convertible Security Agreement (Protea Biosciences Group, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As In lieu of any fractional share to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionentitled, the Company shall at its election, either will pay a to Holder in cash adjustment in respect the amount of the unconverted principal and interest balance of this Note that would otherwise be converted into such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole fractional share.
Appears in 4 contracts
Samples: Membership Interest Purchase Agreement (Safe & Green Development Corp), Convertible Promissory Note (Scorpius Holdings, Inc.), Convertible Promissory Note (NightHawk Biosciences, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preferred. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Asta Holdings, Corp.), Merger and Share Exchange Agreement (Asta Holdings, Corp.), Merger and Share Exchange Agreement (Asta Holdings, Corp.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Cerecor Inc.), Asset Purchase Agreement (Aytu Bioscience, Inc), Asset Purchase Agreement (Cerecor Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Companies shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Fixed Conversion Price or round up to the next whole share.
Appears in 4 contracts
Samples: Convertible Security Agreement (Notis Global, Inc.), Convertible Security Agreement (Notis Global, Inc.), Convertible Security Agreement (Notis Global, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which that the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 4 contracts
Samples: Convertible Security Agreement (CrowdGather, Inc.), Convertible Security Agreement (CrowdGather, Inc.), Convertible Security Agreement (CrowdGather, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase receive upon such conversion, the Company shall shall, at its election, either (a) pay a cash adjustment in respect of such final fraction in to Holder an amount in cash equal to such fraction multiplied by the Conversion Price or (b) round up to the next whole share.
Appears in 4 contracts
Samples: Master Note Purchase Agreement (Acuitas Group Holdings, LLC), Master Note Purchase Agreement (Acuitas Group Holdings, LLC), Senior Secured Note (Ontrak, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to fair market value of the next whole shareCommon Stock.
Appears in 3 contracts
Samples: Convertible Security Agreement (ARJ Consulting, LLC), Convertible Security Agreement (Verus International, Inc.), Convertible Security Agreement (Verus International, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price applicable conversion price as provided herein, or round up to the next whole share.
Appears in 3 contracts
Samples: Convertible Security Agreement (Lifelogger Technologies Corp), Convertible Security Agreement (Lifelogger Technologies Corp), Convertible Security Agreement (Lifelogger Technologies Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up the fraction to the next whole share as long as it does not violate the Beneficial Ownership Limitation in which case the fractional share shall be dxxxxxxxxxx.xx the next whole share.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Innovation1 Biotech Inc.), Convertible Security Agreement (QHSLab, Inc.), Convertible Security Agreement (American Rebel Holdings Inc)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Noteany shares of Series A Preferred Stock. As to any fraction of Any fractional interest in a share which of Common Stock resulting from conversion of one or more shares of Series A Preferred Stock shall be paid in cash (computed to the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount nearest cent) equal to such fraction multiplied equal to the fair market value of a share of Common Stock as of the date of such conversion, as reasonably determined by the Conversion Price or round up to the next whole shareCompany.
Appears in 3 contracts
Samples: Merger Agreement (General Devices Inc), Securities Purchase Agreement (General Devices Inc), Stock Purchase Agreement (General Devices Inc)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share to which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 3 contracts
Samples: Promissory Note Amendment (Bridgeline Digital, Inc.), Promissory Note (Bridgeline Digital, Inc.), Promissory Notes (Bridgeline Digital, Inc.)
Fractional Shares. No fractional shares Conversion Shares or scrip representing fractional shares Conversion Shares shall be issued upon the conversion of this NoteDebenture. As If any conversion of this Debenture would create a fractional Conversion Share or a right to any fraction of acquire a share which the Holder would otherwise be entitled to purchase upon such conversionfractional Conversion Share, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount fractional Conversion Share equal to the fair market value of such fraction multiplied fractional interest as determined by the Conversion Price or round up to the next whole shareBoard.
Appears in 3 contracts
Samples: Debenture (Diamondhead Casino Corp), Debenture Agreement (Diamondhead Casino Corp), Debenture Agreement (Diamondhead Casino Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares of Common Stock shall be issued upon the conversion of this Notethe Series B Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase receive upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.
Appears in 3 contracts
Samples: 3(a)(9) Exchange Agreement (Pieris Pharmaceuticals, Inc.), Securities Exchange Agreement (Oncothyreon Inc.), Underwriting Agreement (Oncothyreon Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up such fractional share to the next whole share.
Appears in 3 contracts
Samples: Convertible Security Agreement (Aeon Global Health Corp.), Convertible Security Agreement (Authentidate Holding Corp), Convertible Security Agreement (Authentidate Holding Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series C Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole shareapplicable Average Common Stock Price.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Canoo Inc.), Securities Purchase Agreement (Canoo Inc.), Securities Purchase Agreement (Canoo Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 3 contracts
Samples: Convertible Security Agreement (CollPlant Holdings Ltd.), Convertible Security Agreement (CollPlant Holdings Ltd.), Convertible Security Agreement (CollPlant Holdings Ltd.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 3 contracts
Samples: Convertible Promissory Note (Grom Social Enterprises, Inc.), Convertible Security Agreement (Jacksam Corp), Convertible Security Agreement (Jacksam Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Borrower shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or Conversion Price for Accrued Interest, as applicable, or round up to the next whole share.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Western Magnesium Corp.), Securities Purchase Agreement (Western Magnesium Corp.), Securities Purchase Agreement (Western Magnesium Corp.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the any conversion of this NoteSecurities. As to If any fraction such conversion would otherwise require the issuance of a fractional share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up current market price per share of common stock (determined as provided in paragraph (6) of Section 10.04) on the day of conversion shall be paid to the next whole shareHolder in cash by the Company.
Appears in 3 contracts
Samples: Indenture (Santa Anita Realty Enterprises Inc), Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)
Fractional Shares. No fractional shares or scrip representing fractional shares of Common Stock shall be issued upon the conversion of this Notethe Series X Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase receive upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Heska Corp), Securities Purchase Agreement (Alpine Immune Sciences, Inc.), 3(a)(9) Exchange Agreement (Cidara Therapeutics, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of under this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionentitled, the Company shall at its election, either pay a cash adjustment in respect of such final fraction of a share in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.
Appears in 3 contracts
Samples: Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA)
Fractional Shares. No fractional shares or scrip representing fractional shares of Common Stock shall be issued upon the conversion of this Notethe Series C Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase receive upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.
Appears in 3 contracts
Samples: Securities Purchase Agreement (T2 Biosystems, Inc.), 3(a)(9) Exchange Agreement (Bain Capital Life Sciences Fund, L.P.), Securities Exchange Agreement (Oncothyreon Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preferred Shares. As to any fraction of a share which the a Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 3 contracts
Samples: Arrangement Agreement (DecisionPoint Systems, Inc.), Arrangement Agreement (Comamtech Inc.), Arrangement Agreement (DecisionPoint Systems, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Premier Power Renewable Energy, Inc.), Securities Purchase Agreement (NewCardio, Inc.), Share Exchange Agreement (NewCardio, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final Final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 3 contracts
Samples: Convertible Security Agreement (Sigyn Therapeutics, Inc.), Convertible Security Agreement (Sigyn Therapeutics, Inc.), Convertible Security Agreement (Sigyn Therapeutics, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder Lender would otherwise be entitled to purchase upon such conversion, the Company Parent shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 3 contracts
Samples: Note Agreement (XpresSpa Group, Inc.), Note Agreement (XpresSpa Group, Inc.), Note Agreement (XpresSpa Group, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion Conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversionConversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the applicable Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Convertible Note Agreement (Flewber Global Inc.), Convertible Note Agreement (Flewber Global Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Borrower shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up such fractional share to the next whole share.
Appears in 2 contracts
Samples: Note Amendment Agreement, Note Amendment Agreement (Authentidate Holding Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder Xxxxxx would otherwise be entitled to purchase receive upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Convertible Security Agreement (Etelos, Inc.), Convertible Security Agreement (Tripath Technology Inc)
Fractional Shares. No fractional shares Conversion Shares or scrip representing fractional shares Conversion Shares shall be issued upon the conversion of this Notethe Conversion Amount. As to Instead of any fraction fractional Conversion Shares which otherwise would be issuable upon conversion of a share which the Holder would otherwise be entitled to purchase upon such conversionConversion Amount, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such the same fraction multiplied by times the Conversion Price or round up to the next whole sharePrice.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Neoprobe Corp), Convertible Secured Note Purchase Agreement (Neoprobe Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Issuer shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Amendment to Atw Notes and Warrants (Faraday Future Intelligent Electric Inc.), Securities Purchase Agreement (Faraday Future Intelligent Electric Inc.)
Fractional Shares. No fractional shares Conversion Shares or scrip representing fractional shares Conversion Shares shall be issued upon the conversion of this Note. As If any conversion of this Note would create a fractional Conversion Share or a right to any fraction of acquire a share which the Holder would otherwise be entitled to purchase upon such conversionfractional Conversion Share, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount fractional Conversion Share equal to the fair market value of such fraction multiplied fractional interest as determined by the Conversion Price or round up to the next whole shareBoard.
Appears in 2 contracts
Samples: Security Agreement (Robotic Vision Systems Inc), Note (Robotic Vision Systems Inc)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series I Preferred. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Underwriting Agreement (Towerstream Corp), Underwriting Agreement (Towerstream Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares of Common Stock shall be issued upon the conversion of this Notethe Series Y Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase receive upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.
Appears in 2 contracts
Samples: Investment Agreement (Biotechnology Value Fund L P), Investment Agreement (XOMA Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this the Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Loan and Security Modification Agreement (Connexa Sports Technologies Inc.), Securities Purchase Agreement (Blue Sky Media Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the applicable Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Rennova Health, Inc.), Convertible Security Agreement (Rennova Health, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preference Shares. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall Corporation shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Merger Agreement (CBD Energy LTD), Merger Agreement (Westinghouse Solar, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Loans. As to any fraction of a share which the Holder a Lender would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.), Senior Secured Term Loan Agreement (Nauticus Robotics, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series C Preferred. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price Rate or round up to the next whole share.
Appears in 2 contracts
Samples: Subscription Agreement (Star Mountain Resources, Inc.), Stock Purchase Agreement (Great Plains Holdings, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up down to the next whole share.
Appears in 2 contracts
Samples: Convertible Security Agreement (Heritage Distilling Holding Company, Inc.), Convertible Security Agreement (Heritage Distilling Group, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up such fractional share to the next whole share.
Appears in 2 contracts
Samples: Share Exchange Agreement (DPW Holdings, Inc.), Share Exchange Agreement (Avalanche International, Corp.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture. As to any fraction of a share to which the Holder would otherwise be entitled to purchase upon such conversiona voluntary conversion under this Section 4, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.
Appears in 2 contracts
Samples: Convertible Security Agreement (KLDiscovery Inc.), Securities Purchase Agreement (Pivotal Acquisition Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price applicable conversion price or round up to the next whole share.
Appears in 2 contracts
Samples: Convertible Note Agreement (Taoping Inc.), Convertible Note Agreement (Taoping Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.. Secured Promissory Note – Viking – February, 2020 Private Placement 12
Appears in 2 contracts
Samples: Securities Agreement (Camber Energy, Inc.), Securities Purchase Agreement (Camber Energy, Inc.)
Fractional Shares. No fractional shares of stock or scrip representing fractional shares shall be issued upon the conversion of this Note. As to Instead of any fraction fractional shares of a share stock which the Holder would otherwise be entitled to purchase issuable upon such conversionconversion of this Note, the Company shall at its election, either pay a cash adjustment in respect of such final fraction fractional interest in an amount equal to the then current market price of such fraction multiplied by the Conversion Price or round up to the next whole sharefractional interest.
Appears in 2 contracts
Samples: Subordinated Convertible Note Purchase Agreement (Displaytech Inc), Subordinated Convertible Note Purchase Agreement (Displaytech Inc)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either (A) pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the greater of (x) the Closing Price as of the Conversion Date and (y) the Conversion Price or (B) round up to the next whole share.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Advanced Battery Technologies, Inc.), Securities Purchase Agreement (Advanced Battery Technologies, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.
Appears in 2 contracts
Samples: Amendment and Exchange Agreement (Cellectar Biosciences, Inc.), Securities Purchase Agreement (BioSig Technologies, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the QF Conversion Price or the Maturity Conversion Price, as applicable, or round up to the next whole share.
Appears in 2 contracts
Samples: Convertible Security Agreement (Cell Source, Inc.), Convertible Security Agreement (Cell Source, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Shares. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Guerrilla RF, Inc.), Securities Purchase Agreement (LENSAR, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase acquire upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Subordinated Note (Spy Inc.), Debt Subordination Agreement (Spy Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up or down to the next whole share.
Appears in 2 contracts
Samples: Fourth Extension and Amendment Agreement, Fourth Extension and Amendment Agreement (Envision Solar International, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Noteany shares of Series B Preferred Stock. As to any fraction of Any fractional interest in a share which of Common Stock resulting from conversion of one or more shares of Series B Preferred Stock shall be paid in cash (computed to the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount nearest cent) equal to such fraction multiplied equal to the fair market value of a share of Common Stock as of the date of such conversion, as reasonably determined by the Conversion Price or round up to the next whole shareCompany.
Appears in 2 contracts
Samples: Merger Agreement (General Devices Inc), Securities Purchase Agreement (General Devices Inc)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this the Note. As to any fraction of a share which that the Holder Payee would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 2 contracts
Samples: Unsecured Promissory Note (Saint James CO), Unsecured Promissory Note (Saint James CO)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Samples: Share Exchange Agreement (Wizzard Software Corp /Co)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series C Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cachet Financial Solutions, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.. {00788291.DOCX;2 }
Appears in 1 contract
Samples: Convertible Security Agreement (Force Protection Video Equipment Corp.)
Fractional Shares. No fractional shares or scrip representing fractional shares of Common Stock shall be issued upon the conversion of this Notethe Class X Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase receive upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole sharePrice.
Appears in 1 contract
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase receive upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Samples: Stock Purchase Agreement (Charge Enterprises, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall Corporation shall, at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Samples: Stock Purchase Agreement (Regeneron Pharmaceuticals, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share, subject to Hxxxxx’s approval.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Camber Energy, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series B Preferred Shares. As to any fraction of a share which the a Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Samples: Arrangement Agreement (DecisionPoint Systems, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares Conversion Shares shall be issued upon the conversion of this Notethe Series A Preferred Stock. As to any fraction of a share Conversion Share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Modular Medical, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series A Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which that the Holder would otherwise be entitled to purchase upon such conversion, the Company shall shall, at its the Company’s election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price Price, or round up to the next whole share.
Appears in 1 contract
Samples: Senior Secured Convertible Note (Douglas Elliman Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this NoteDebenture or payment of interest on this Debenture. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Samples: Convertible Security Agreement (Mela Sciences, Inc. /Ny)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion issuance of this NoteAdditional Shares. As to any fraction of a share which the Holder would otherwise be entitled to purchase receive upon such conversionthe issuance of Additional Shares, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this the Note. As to If any fraction such conversion would otherwise require the issuance of a frac- tional share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to current market price per share of Common Stock (determined as provided in paragraph (g) of Section 14.4 hereof) on the next whole shareday of conversion shall be paid in cash by the Company.
Appears in 1 contract
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Note. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay round down if less than 50% of a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or share and round up if 50% or greater to the next whole share.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Resources Corp)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the any conversion of this Notethe Securities. As to If any fraction such conversion would otherwise require the issuance of a fractional share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up current market price per Common Share (determined as provided in paragraph (5) of Section 10.4) on the day of conversion shall be paid to the next whole shareHolder in cash by the Company.
Appears in 1 contract
Samples: Third Supplemental Indenture (Health & Retirement Properties Trust)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion exchange of this Notethe Preferred Shares. As to any fraction of a share which the Holder would otherwise be entitled to purchase acquire upon such conversionexchange, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by $0.33 (subject to adjustment for forward and reverse stock splits and the Conversion Price like) or round up to the next whole share.
Appears in 1 contract
Samples: Exchange Right Agreement (Inpixon)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Class B Preferred Stock. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company Corporation shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Samples: Securities Purchase Agreement (Formation Minerals, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Preferred Stock. As to any fraction of a share which the a Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price or round up to the next whole share.
Appears in 1 contract
Samples: Securities Purchase Agreement (Bridgeline Digital, Inc.)
Fractional Shares. No fractional shares or scrip representing fractional shares shall be issued upon the conversion of this Notethe Series D Preferred. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such conversion, the Company shall at its election, either pay a cash adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Conversion Price Rate or round up to the next whole share.
Appears in 1 contract