Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Price.
Appears in 27 contracts
Samples: Warrant Agreement (Cadence Bancorporation), Warrant Agreement (Cadence Bancorporation), Convertible Debenture Purchase Agreement (Nocopi Technologies Inc/Md/)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Exercise Price.
Appears in 26 contracts
Samples: License Agreement (Histogenics Corp), Executive Consulting Agreement (Smoky Market Foods Inc), Warrant Agreement (Crystal International Travel Group, Inc.)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.
Appears in 22 contracts
Samples: Foreclosure Sale Agreement (MultiCell Technologies, Inc.), Loan and Security Agreement (Oculus Innovative Sciences, Inc.), Loan and Security Agreement (Senorx Inc)
Fractional Shares. No fractional shares or script representing fractional shares shall be issued upon the exercise of this Warrant. The With respect to any fraction of a share called for upon any exercise hereof, the Company shall, in lieu of issuing any fractional share, pay the holder entitled to shall round up such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Pricenext whole number of shares.
Appears in 15 contracts
Samples: Warrant Agreement (GHM Inc), Warrant Agreement (GHM Inc), Warrant Agreement (GHM Inc)
Fractional Shares. No fractional shares shall will be issued upon exercise of this Warrant. The Company shallwill, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.
Appears in 11 contracts
Samples: Exchange Agreement (Probe Manufacturing Inc), Exchange Agreement (Probe Manufacturing Inc), Exchange Agreement (Probe Manufacturing Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay round such fractional shares to the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Pricenearest whole share.
Appears in 10 contracts
Samples: Warrant Agreement (Premier Laser Systems Inc), Warrant Agreement (Premier Laser Systems Inc), Warrant Agreement (Premier Laser Systems Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Exercise Price.
Appears in 9 contracts
Samples: Warrant Agreement (uWink, Inc.), Warrant Agreement (Andover Medical, Inc.), Warrant Agreement (Andover Medical, Inc.)
Fractional Shares. No This Warrant may not be exercised for fractional shares. In lieu of fractional shares the Company shall be issued promptly make a cash payment therefor based upon exercise the per share fair market value of this Warrant. The Company shall, a Share then in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Priceeffect.
Appears in 9 contracts
Samples: Common Stock Warrant (Integrated Healthcare Holdings Inc), Warrant Agreement (Silver Point Capital L.P.), Warrant Agreement (Silver Point Capital L.P.)
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of such fractional share, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to the then fair market value of such fraction multiplied fractional share as determined in good faith by the then effective Purchase PriceCompany’s Board of Directors.
Appears in 9 contracts
Samples: Convertible Note and Warrant Purchase Agreement, Warrant Agreement (Organicell Regenerative Medicine, Inc.), Warrant Agreement (Organicell Regenerative Medicine, Inc.)
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of such fractional share, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to such fraction multiplied by the then effective Purchase Pricefair market value of such fractional share as determined under Section 1.3.
Appears in 9 contracts
Samples: Distribution Agreement (Drkoop Com), Anchor Tenant Agreement (Knot Inc), Warrant Agreement (PNV Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction (calculated to the nearest 1/100th of a share) multiplied by the then effective Purchase PriceWarrant Price on the date the Form of Subscription is received by the Company.
Appears in 8 contracts
Samples: Settlement Agreement (Remark Holdings, Inc.), Warrant Agreement (Remark Holdings, Inc.), Unit Purchase Agreement (Remark Media, Inc.)
Fractional Shares. No fractional shares Shares shall be issued upon the exercise of this Warrant. The , but, instead of any fraction of a Share which would otherwise be issuable, the Company shall, shall pay a cash adjustment in lieu respect of issuing any fractional share, pay the holder entitled to such fraction a sum in cash an amount equal to such the same fraction multiplied of the fair market value per share of Common Stock (or other securities, as applicable) as of the close of business on the date of the notice required by Section 1 above, determined in good faith by the then effective Purchase PriceBoard.
Appears in 7 contracts
Samples: Warrant Agreement (AMEDICA Corp), Warrant Agreement (AMEDICA Corp), Warrant Agreement (AMEDICA Corp)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Price.
Appears in 6 contracts
Samples: Debenture Purchase Agreement (First Responder Systems & Technology Inc.), Subscription Agreement (Yukon Gold Corp Inc), Debenture Purchase Agreement (First Responder Systems & Technology Inc.)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase PriceFair Market Value of the Common Stock.
Appears in 6 contracts
Samples: Spectrum Acquisition Consulting Agreement (Clearwire Corp), Purchase Agreement (Clearwire Corp), Purchase Agreement (Clearwire Corp)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Pricemarket price of the Common Stock on such exercise date, which shall be, on such date, the closing price for the Common Stock or the closing bid if no sales were reported, as quoted on the exchange or market that is the primary trading market for the Company.
Appears in 6 contracts
Samples: Subscription Agreement (Cardima Inc), Subscription Agreement (Cardima Inc), Subscription Agreement (Cardima Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then then-effective Purchase Market Price.
Appears in 6 contracts
Samples: Warrant Agreement (AskMeNow,Inc.), Warrant Agreement (AskMeNow,Inc.), Warrant Agreement (AskMeNow,Inc.)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Pricefair market value per share.
Appears in 6 contracts
Samples: Merger Agreement (Advanced Machine Vision Corp), Warrant Agreement (Key Technology Inc), Warrant Agreement (Key Technology Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.. [THIS SPACE INTENTIONALLY LEFT BLANK]
Appears in 5 contracts
Samples: Release Agreement (Diversa Corp), Common Stock and Warrant Purchase Agreement (Internap Network Services Corp/Wa), Severance Benefits Agreement (Epimmune Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company Corporation shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Price.Fair Market Value of one Warrant Share. * * *
Appears in 5 contracts
Samples: Interactive Marketing Agreement (Varsitybooks Com Inc), Product Promotion Agreement (Varsitybooks Com Inc), Interactive Marketing Agreement (Varsitybooks Com Inc)
Fractional Shares. No fractional shares or script representing fractional shares shall be issued upon the exercise of this Warrant. The , but the Company shall, shall pay the Holder an amount equal to the fair market of such fractional Warrant Share in lieu of issuing each fraction of a share otherwise called for upon any fractional shareexercise of this Warrant, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied as determined by the then effective Purchase PriceBoard of Directors of the Company.
Appears in 4 contracts
Samples: Warrant Agreement (CMS Energy Corp), Warrant Agreement (CMS Energy Corp), Warrant Agreement (CMS Energy Corp)
Fractional Shares. No fractional shares shall be issued upon exercise of this any Warrant. The Instead, the Company shallshall pay to the Holder, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase PriceFair Market Value of a share of Common Stock, as determined by the Company’s Chief Executive Officer, Chief Financial Officer or Board, on the trading immediately prior to the date of exercise.
Appears in 4 contracts
Samples: Warrant and Registration Rights Agreement (Quiksilver Inc), Warrant and Registration Rights Agreement (Quiksilver Inc), Warrant and Registration Rights Agreement (Borders Group Inc)
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of such fractional share, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to the then fair market value of such fraction multiplied fractional share as determined in good faith by the then effective Purchase PriceCompany's Board of Directors.
Appears in 4 contracts
Samples: License Agreement (Corixa Corp), License Agreement (Vaxcel Inc), License Agreement (Corixa Corp)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Pricemarket price of the Common Stock, which shall be, on any date, the closing price for the Common Stock or the closing bid if no sales were reported, as quoted on the exchange or market that is the primary trading market for the Company.
Appears in 4 contracts
Samples: Purchase Agreement (Nexmed Inc), Unit Purchase Agreement (Nexmed Inc), Stock and Warrant Purchase Agreement (Insite Vision Inc)
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of such fractional share, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to the then fair market value of such fraction multiplied fractional share as reasonably determined by the then effective Purchase PriceCompany's Board of Directors.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Quadramed Corp), Stock Purchase Agreement (Quadramed Corp), Stock Purchase Agreement (Quadramed Corp)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Exercise Price.
Appears in 4 contracts
Samples: Warrant Agreement (Beyond Air, Inc.), Warrant Agreement (Beyond Air, Inc.), Warrant Agreement (Beyond Air, Inc.)
Fractional Shares. No This Warrant may not be exercised for fractional shares shares. In the event of fractional shares, the Corporation shall be issued round the number of Warrant Shares issuable upon such exercise of this Warrant. The Company shall, down to the nearest whole share and shall pay an amount in lieu of issuing cash to the Holder equal to any such fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Price.
Appears in 4 contracts
Samples: Loan Agreement (Wintegra Inc), Loan Agreement (Wintegra Inc), Loan Agreement (Wintegra Inc)
Fractional Shares. No This Warrant may not be exercised for fractional shares shares. In the event of fractional shares, the Company shall be issued round the number of Warrant Shares issuable upon such exercise of this Warrant. The Company shall, down to the nearest whole share and shall pay an amount in lieu of issuing cash to the Holder equal to any such fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Price.
Appears in 4 contracts
Samples: Loan Agreement (Wintegra Inc), Warrant Agreement (Radcom LTD), Loan Agreement (Wintegra Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.
Appears in 4 contracts
Samples: Security Agreement (DarioHealth Corp.), Warrant Agreement (Rani Therapeutics Holdings, Inc.), Loan and Security Agreement (MeetMe, Inc.)
Fractional Shares. No fractional Fractional shares shall not be issued upon the exercise of this Warrant. The Company shall, at its sole option, in lieu of issuing any fractional share, share (i) pay the holder Holder entitled to such fraction a sum in cash equal to the full market value of any such fraction multiplied fractional interest as it shall appear on the public market or if there is no public market for such shares, then as shall be reasonably determined by the then effective Purchase PriceCompany, or (ii) round-up to the nearest whole number.
Appears in 3 contracts
Samples: Warrant Agreement (Liquidmetal Technologies Inc), Warrant Agreement (Liquidmetal Technologies), Warrant Agreement (Liquidmetal Technologies)
Fractional Shares. No fractional shares shall be issued upon exercise of this any Warrant. The Instead, the Company shallshall pay to the Holder, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase PriceFair Market Value of a share of Common Stock on the trading day immediately prior to the date of exercise.
Appears in 3 contracts
Samples: Warrant and Registration Rights Agreement, Warrant and Registration Rights Agreement (Zale Corp), Warrant and Registration Rights Agreement (Z Investment Holdings, LLC)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Warrant Price.
Appears in 3 contracts
Samples: Purchase Agreement (THC Therapeutics, Inc.), Common Stock Warrant (Good Hemp, Inc.), Termination Agreement (Iconic Brands, Inc.)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Instead, the Company shallshall pay to the Holder, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase PriceFair Market Value of a share of Common Stock, as determined by the Company’s chief executive officer, chief financial officer or board of directors, on the Business Day or, if applicable, trading day immediately prior to the date of exercise.
Appears in 3 contracts
Samples: Warrant Agreement (NMI Holdings, Inc.), Warrant Agreement (NMI Holdings, Inc.), Warrant Agreement (NMI Holdings, Inc.)
Fractional Shares. No fractional shares The Company shall be issued not issue fractions of shares, upon exercise of this Warrant or otherwise, or distribute certificates that evidence fractional shares. With respect to any fraction of a share called for upon any exercise hereof, such fraction shall neither be issued nor extinguished until the final exercise of this Warrant. The Company shall, in lieu of issuing any fractional sharewhich event if a fraction is issuable, the Company shall pay to the holder entitled to such fraction a sum Holder an amount in cash equal to such fraction multiplied by the then effective Stated Purchase Price, as adjusted to date pursuant to Section 5 or 6.
Appears in 3 contracts
Samples: Warrant Agreement (Quanterix Corp), Warrant Agreement (Histogenics Corp), Warrant Agreement (Interleukin Genetics Inc)
Fractional Shares. No fractional shares shall be issued upon exercise ----------------- of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.
Appears in 3 contracts
Samples: Loan Agreement (Active Software Inc), Loan Agreement (Verisign Inc/Ca), Loan Agreement (Exodus Communications Inc)
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of such fractional shareshares, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to the then fair market value of such fraction multiplied fractional share as determined in good faith by the then effective Purchase PriceCompany's Board of Directors pursuant to Section 1.4(b) above.
Appears in 3 contracts
Samples: Warrant Agreement (Array Biopharma Inc), Warrant Agreement (Array Biopharma Inc), Warrant Agreement (Array Biopharma Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then then-effective Purchase Exercise Price.
Appears in 3 contracts
Samples: Warrant Agreement (Mechanical Technology Inc), Warrant Agreement (Mechanical Technology Inc), Warrant Agent Agreement (Mechanical Technology Inc)
Fractional Shares. No fractional shares shall be issued upon the exercise of this Warrant. The Company shall, in In lieu of issuing any fractional shareshare to which the Holder would otherwise be entitled, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to such fraction the Exercise Price multiplied by the then effective Purchase Pricesuch fraction.
Appears in 3 contracts
Samples: Intellectual Property Purchase Agreement (Nuvasive Inc), Intellectual Property Purchase Agreement (Nuvasive Inc), Common Stock Purchase Warrant (Nuvasive Inc)
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of such fractional share, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to such fraction multiplied by the then effective Purchase Pricefair market value of such fractional share as determined in accordance with Section 1.5 hereof.
Appears in 3 contracts
Samples: Warrant Agreement (Salmedix Inc), Warrant Agreement (Viacell Inc), Warrant Agreement (X-Change Corp Inc)
Fractional Shares. No fractional shares or script representing fractional shares shall be issued upon the exercise of this Warrant. The the Warrants, but the Company shall, shall pay to the Holder in cash an amount equal to the Closing Price multiplied by such fraction in respect of such fractional share of Common Stock in lieu of issuing each fraction of a share otherwise called for upon any fractional share, pay exercise of the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase PriceWarrants.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Rafaella Apparel Group,inc.), Asset Purchase Agreement (Perry Ellis International Inc), Warrant Agreement (Perry Ellis International Inc)
Fractional Shares. No fractional shares shall be issued upon exercise ----------------- of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Worldres Com Inc), Series C Preferred Stock and Warrant Purchase Agreement (Worldres Com Inc), Warrant Agreement (Worldres Com Inc)
Fractional Shares. No fractional shares shall be issued upon exercise ------------------ of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.
Appears in 3 contracts
Samples: Patent License Agreement (Wavesplitter Technologies Inc), Patent License Agreement (Wavesplitter Technologies Inc), Patent License Agreement (Wavesplitter Technologies Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, share pay the holder entitled to such fraction a sum in cash equal to the fair market value of any such fraction multiplied fractional interest as it shall appear on the public market, or if there is no public market for such shares, then as shall be reasonably determined by the then effective Purchase Price.Company. * * * * * * *
Appears in 3 contracts
Samples: License and Development Agreement (Ampersand Medical Corp), Warrant Agreement (Ampersand Medical Corp), Warrant Agreement (Ampersand Medical Corp)
Fractional Shares. No The Company shall not be required to issue fractional shares shall be issued Warrant Shares upon the exercise of this Warrant. The If the Holder would be entitled upon the exercise of any rights evidenced hereby to receive a fractional interest in a Warrant Share, the Company shall, upon such exercise, pay in lieu of issuing any such fractional share, pay the holder entitled to such fraction a sum interest an amount in cash equal to the value of such fraction multiplied by fractional interest, calculated based upon the then effective Purchase PriceMarket Price as of the date this Warrant is exercised.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Bull Run Corp), Warrant Agreement (Bull Run Corp), Warrant Agreement (Bull Run Corp)
Fractional Shares. No fractional shares or stock representing fractional shares shall be issued upon the exercise of this Warrant. The Company shall, in In lieu of issuing any fractional shareshares which would otherwise be issuable, the Company shall pay the holder entitled to such fraction a sum in cash equal to the product of such fraction multiplied by the then effective Purchase Pricefair market value of one share of the Warrant Stock on the date of exercise, as determined in good faith by the Company's Board of Directors.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Sportsnuts Com International Inc), Agreement and Plan of Reorganization (Sportsnuts Com International Inc), Agreement and Plan of Reorganization (Sportsnuts Com International Inc)
Fractional Shares. No The Company shall not be required to issue fractional shares shall be issued upon exercise or conversion of this Warrant. The Company shallmay, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to the fair market value of any such fraction multiplied fractional interest as it shall appear on the public market, or if there is no public market for such shares, then as shall be reasonably determined by the then effective Purchase PriceCompany.
Appears in 2 contracts
Samples: Warrant Agreement (Leapfrog Enterprises Inc), Warrant Agreement (Leapfrog Enterprises Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Instead, the Company shallshall pay to the Holder, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Pricecurrent market price of a share of Common Stock, as determined by the Company's Chief Executive Officer, Chief Financial Officer or Board of Directors, on the business day immediately prior to the date of exercise.
Appears in 2 contracts
Samples: Warrant Agreement (Reckson Services Industries Inc), Warrant Agreement (Reckson Services Industries Inc)
Fractional Shares. No fractional shares shall be issued upon exercise ----------------- of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Pricemarket price of the Common Stock, which shall be, on any date, the closing price for the Common Stock or the closing bid if no sales were reported, as quoted on the Nasdaq National Market.
Appears in 2 contracts
Samples: Unit Purchase Agreement (Gensia Sicor Inc), Unit Purchase Agreement (Gensia Sicor Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay to the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Pricefair market value of a share of Common Stock, which shall be determined in accordance with the provisions of Section 3 of this Warrant.
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Trimble Navigation LTD /Ca/), Stock and Warrant Purchase Agreement (Trimble Navigation LTD /Ca/)
Fractional Shares. No This Warrant may not be exercised for fractional shares. In lieu of fractional shares the Company shall be issued make a cash payment therefor based upon exercise the per share fair market value of this Warrant. The Company shall, a Share then in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Priceeffect.
Appears in 2 contracts
Samples: Purchase Agreement (Specialized Health Products International Inc), Purchase Agreement (Specialized Health Products International Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional factional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Warrant Exercise Price.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Price. The parties hereto have caused this Warrant to be duly executed effective as of the Effective Date.
Appears in 2 contracts
Samples: Warrant Agreement (Talmer Bancorp, Inc.), Warrant Agreement (STATE BANK FINANCIAL Corp)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction (calculated to the nearest 1/100th of a share) multiplied by the difference between the then effective Purchase PriceExercise Price and the fair market value of one Warrant Share, rounded down to the nearest whole cent; provided, however, that no payment of less than $10.00 shall be required.
Appears in 2 contracts
Samples: Loan Agreement (ConforMIS Inc), Loan Agreement (ConforMIS Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay to the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Share Purchase Price.
Appears in 2 contracts
Samples: Share Subscription Agreement (T2CN Holding LTD), Warrant Agreement (T2CN Holding LTD)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional shareshare and notwithstanding anything to the contrary contained herein, pay round up the holder entitled number of shares issuable to such fraction a sum in cash equal the Holder upon any exercise hereof to such fraction multiplied by the then effective Purchase Pricenext whole number.
Appears in 2 contracts
Samples: Warrant Agreement (On Deck Capital Inc), Warrant Agreement (Marketaxess Holdings Inc)
Fractional Shares. No fractional shares shall be issued upon exercise conversion of this WarrantNote. The Company shall, in lieu In place of issuing any a fractional share, the Company shall pay the holder entitled to such fraction a sum in cash Holder an amount equal to such fraction multiplied the product obtained by multiplying the fractional share by the then effective Purchase Priceconversion price per share for the applicable share.
Appears in 2 contracts
Samples: Subordination Agreement, Subordination Agreement (Ellipse Technologies Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied based on the fair market value of the Series E Preferred on the date of exercise, as reasonably determined in good faith by the then effective Purchase PriceBoard of Directors.
Appears in 2 contracts
Samples: Marketing Agreement (Docent Inc), Warrant Agreement (Docent Inc)
Fractional Shares. No In no event shall any fractional shares shall Share be issued upon any exercise of this Warrant. The Company shallIf, upon exercise of this Warrant as an entirety, the Holder would, except as provided in lieu of issuing any fractional sharethis Section 8, pay the holder be entitled to such fraction receive a sum in fractional Share, then the Company shall make a cash payment equal to the fair market value of one Share, as determined in good faith by the Board of Directors of the Company at such fraction time multiplied by the then effective Purchase Pricesuch fraction.
Appears in 2 contracts
Samples: Warrant Agreement (SFX Entertainment, INC), Warrant Agreement (SFX Entertainment, INC)
Fractional Shares. No fractional shares of Warrant Stock shall be issued issuable by the Company upon any exercise of this Warrant. The Company shallhereof, and, in lieu thereof, the Company shall make the payment of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such any fraction multiplied of a share to which the Holder is entitled with the value thereof to be reasonably determined by the then effective Purchase PriceCompany.
Appears in 2 contracts
Samples: Warrant Agreement (Force10 Networks Inc), Warrant Agreement (Force10 Networks Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Exercise Price.. [THIS SPACE INTENTIONALLY LEFT BLANK]
Appears in 2 contracts
Samples: Warrant Agreement (Mobile Reach International Inc), Warrant Agreement (Mobile Reach International Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay to the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.
Appears in 2 contracts
Samples: Warrant Agreement (Authentidate Holding Corp), Warrant Agreement (Authentidate Holding Corp)
Fractional Shares. No fractional shares shall be issued upon exercise of this Placement Agent’s Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Exercise Price.
Appears in 2 contracts
Samples: Warrant Agreement (Towerstream Corp), Warrant Agreement (Altair Nanotechnologies Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.
Appears in 2 contracts
Samples: Stock Purchase Warrant (LoopNet, Inc.), Note and Warrant Purchase Agreement (Tunes Com Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Instead, the Company shallshall pay to the Holder, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase PriceFair Market Value of a share of Common Shares, as determined by the Company’s Chief Executive Officer, Chief Financial Officer or Board, on the Business Day or, if applicable, trading day immediately prior to the date of exercise.
Appears in 2 contracts
Samples: Line of Credit Agreement (Lucy Scientific Discovery, Inc.), Line of Credit Agreement (Lucy Scientific Discovery, Inc.)
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of such fractional shareshares, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to the then fair market value of such fraction multiplied fractional share as determined in good faith by the then effective Purchase PriceCompany’s board of directors.
Appears in 2 contracts
Samples: Warrant Agreement (Upwork Inc.), Warrant Agreement (Upwork Inc.)
Fractional Shares. No fractional shares shall be issued upon exercise of this Placement Agent's Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Exercise Price.
Appears in 2 contracts
Samples: Placement Agent Agreement (Northfield Laboratories Inc /De/), Warrant Agreement (Universal Display Corp \Pa\)
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of a fractional share, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to such fraction multiplied by the then effective Purchase Pricefair market of such fractional share as determined in accordance with Section 1.5 hereof.
Appears in 1 contract
Fractional Shares. No fractional shares Share shall be issued upon any exercise of this Warrant. The If, upon exercise of this Warrant in its entirety, the Holder would be entitled to receive a fractional Share, then the Company shall, in lieu of issuing any such fractional shareShare, pay the holder entitled to such fraction a sum Holder in cash an amount equal to the Fair Market Value (as defined in Section 4 above) of such fraction multiplied by the then effective Purchase Pricefractional Share.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied (calculated to the nearest 1/100th of a share)multiplied by the then effective Purchase PriceWarrant Price on the date the Form of Subscription is received by the Company.
Appears in 1 contract
Samples: Warrant Agreement (EQM Technologies & Energy, Inc.)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.. EXHIBIT 99.3 (CONTINUED)
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder hereof entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing the issuance of any fractional share, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to such fraction multiplied by the then effective Purchase Pricefair market value of such fractional share as determined in accordance with Section 1.5 hereof.
Appears in 1 contract
Samples: Warrant Agreement (Codexis Inc)
Fractional Shares. No fractional shares or script representing fractional shares shall be issued upon the exercise of this Warrant. The With respect to any fraction of a share called for upon exercise hereof, the Company shall, in lieu of issuing any fractional share, shall pay to the holder entitled to such fraction a sum Warrantholder an amount in cash equal to such fraction multiplied by the then effective Purchase Pricecurrent Fair Market Value of a share.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shallshall pay to the Holder, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, share pay the holder entitled to such fraction a sum in cash equal to the fair market value of any such fraction multiplied fractional interest as it shall appear on the public market, or if there is no public market for such shares, then as shall be reasonably determined by the then effective Purchase Price.Company. *******
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Fractional Shares. No fractional shares shall will be issued upon any exercise of this Warrant. The Company shallWarrant and, in lieu of issuing any fractional sharethereof, pay the holder entitled to such fraction Holder will receive a sum in cash equal to such fraction multiplied by the then effective Purchase Pricefair market value of a share of Common Stock of the Company, as reasonably determined by the Company's Board of Directors.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of a fractional share, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to such fraction multiplied by the then effective Purchase Pricefair market value of such fractional share as determined in accordance with Section 1.5 hereof.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction (calculated to the nearest 1/100th of a share) multiplied by the then effective Purchase PriceExercise Price on the date the Exercise Notice is received by the Company.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, share pay the holder entitled to such fraction a sum in cash equal to the fair market value of any such fraction multiplied fractional interest as it shall appear on the public market, or if there is no public market for such shares, then as shall be reasonably determined by the then effective Purchase Price.Company. * * * * * * * *
Appears in 1 contract
Fractional Shares. No In no event shall any fractional shares shall Share be issued upon any exercise of this Warrant. The Company shallIf, upon exercise of this Warrant as an entirety, the Holder would, except as provided in lieu of issuing any fractional sharethis Section 10, pay the holder be entitled to such fraction receive a sum in fractional Share, then the Company shall make a cash payment equal to the fair market value of one Share, as determined in good faith by the Board of Directors of the Company at such fraction time multiplied by the then effective Purchase Pricesuch fraction.
Appears in 1 contract
Fractional Shares. No This Warrant may not be exercised for fractional ----------------- shares. In lieu of fractional shares the Company shall be issued make a cash payment therefor based upon exercise the per share fair market value of this Warrant. The Company shall, a Share then in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Priceeffect.
Appears in 1 contract
Fractional Shares. No fractional shares or script representing ----------------- fractional shares shall be issued upon the exercise of this Warrant. The With respect to any fraction of a share called for upon exercise hereof, the Company shall, in lieu of issuing any fractional share, shall pay to the holder entitled to such fraction a sum Warrantholder an amount in cash equal to such fraction multiplied by the then effective Purchase Pricecurrent Fair Market Value of a share.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise uponexercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Price.
Appears in 1 contract
Samples: Consulting Agreement (Skyway Communications Holding Corp)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, share pay the holder entitled to such fraction a sum in cash equal to the fair market value of any such fraction multiplied fractional interest as it shall appear on the public market, or if there is no public market for such shares, then as shall be reasonably determined by the then effective Purchase Price.Company * * * * * * *
Appears in 1 contract
Samples: License and Development Agreement (Ampersand Medical Corp)
Fractional Shares. No fractional shares share shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of such fractional share, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to the then fair market value of such fraction multiplied fractional share as determined in good faith by the then effective Purchase PriceCompany's board of directors.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon in connection with any exercise of this Warrant. The Company shall, in In lieu of issuing any the issuance of such fractional share, pay the holder entitled to such fraction Company shall make a sum in cash payment equal to such fraction multiplied by the then effective Purchase Pricefair market value of such fractional share as determined in accordance with Section 2.2(i) and (ii) herein.
Appears in 1 contract
Samples: Warrant Agreement (Burst Com Inc)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Pricemarket price of the Stock, which shall be, on any date, the closing price for the Stock or the closing bid if no sales were reported on the domestic securities exchange or automated quotation system or quotation service which is the principal market for the stock.
Appears in 1 contract
Samples: Warrant Agreement (Mounger Corp)
Fractional Shares. No fractional shares or script representing fractional ----------------- shares shall be issued upon the exercise of this Warrant. The With respect to any fraction of a share called for upon any exercise hereof, the Company shall, in lieu of issuing any fractional share, shall pay the holder entitled to such fraction a sum Holder an amount in cash equal to such fraction multiplied by the then effective Purchase Pricecurrent market value of a share, as reasonably determined by the Company.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of ----------------- this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Share Purchase Price.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon the exercise of this Warrant. The Company shall, in In lieu of issuing any fractional shareshare to which the Holder would otherwise be entitled, the Company will pay to the holder entitled to such fraction a sum Holder an amount in cash equal to such fraction multiplied by the then effective Purchase Pricefair market value of the Common Stock of the Company.
Appears in 1 contract
Samples: Warrant Agreement (Scansoft Inc)
Fractional Shares. No fractional shares The Company shall not be required to issue or cause to be issued upon fractional Warrant Shares on the exercise of this Warrant. The Company shall, in In lieu of issuing any fractional shareshares which would otherwise be issuable, the Company shall pay the holder Holder entitled to such fraction fractional Warrant Share a sum in cash equal to such fraction (calculated to the nearest 1/100th of a Warrant Share) multiplied by the then effective Purchase Exercise Price.
Appears in 1 contract
Samples: Securities Purchase Agreement (FOTV Media Networks Inc.)
Fractional Shares. No fractional shares Warrant Shares shall be issued upon the exercise hereof. Upon exercise by any holder, such holder shall be entitled to receive the aggregate full number of this Warrant. The Company shall, Shares which the holder may receive upon exercise and in lieu of issuing any fractional shareShare otherwise issuable, pay the holder entitled to such fraction a sum in cash an amount equal to such fraction fractional Warrant Share multiplied by the then effective Purchase Pricefair market value of one Share shall be paid by the Company in cash to such holder.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, share pay the holder entitled to such 29 fraction a sum in cash equal to the fair market value of any such fraction multiplied fractional interest as it shall appear on the public market, or if there is no public market for such shares, then as shall be reasonably determined by the then effective Purchase PriceCompany.
Appears in 1 contract
Samples: Development and Supply Agreement (Wilshire Technologies Inc)
Fractional Shares. No In no event shall any fractional shares shall Share be issued upon any exercise of this Warrant. The Company shallIf, upon exercise of this Warrant as an entirety, the Holder would, except as provided in lieu of issuing any fractional sharethis Section 8, pay the holder be entitled to such fraction receive a sum in fractional Share, then the Company shall make a cash payment equal to the fair market value of one Share, as determined in good faith by the Board of Directors of the Company (the “Board”) at such fraction time multiplied by the then effective Purchase Pricesuch fraction.
Appears in 1 contract
Samples: Backstop Commitment Agreement (SFX Entertainment, INC)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, share pay the holder entitled to such fraction a sum in cash equal to the fair market value of any such fraction multiplied fractional interest as it shall appear on the public market, or if there is no public market for such shares, then as shall be reasonably determined by the then effective Purchase PriceCompany.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Stock Purchase Price.. [THIS SPACE INTENTIONALLY LEFT BLANK]
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Instead, the Company shallshall pay to the Holder, in lieu of issuing any fractional share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase PriceFair Market Value of a share of Common Stock, as determined by the Company’s Chief Executive Officer, Chief Financial Officer or Board, on the Business Day or, if applicable, trading day immediately prior to the date of exercise.
Appears in 1 contract
Samples: Subscription Agreement (iPower Inc.)
Fractional Shares. No fractional shares shall be issued upon the exercise of this Warrant. The With respect to any fraction of a share called for upon any exercise hereof, the Company shall, in lieu of issuing any fractional share, shall pay to the holder entitled to such fraction a sum Holder an amount in cash equal to such fraction multiplied by the then effective Purchase Pricecurrent Fair Market Value of a share of Stock.
Appears in 1 contract
Fractional Shares. No fractional shares The Company shall not be required to issue or cause to be issued upon fractional Warrant Shares on the exercise of this Warrant. The Company shall, in In lieu of issuing any fractional shareshares which would, otherwise be issuable, subject to Section 11, the Company shall pay the holder Holder entitled to such fraction fractional Warrant Share a sum in cash equal to such fraction (calculated to the nearest 1/100th of a Warrant Share) multiplied by the then effective Purchase Exercise Price.
Appears in 1 contract
Samples: Placement Agent Warrant Agreement (SimplePons, Inc.)
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Instead, the Company shallshall pay to the Holder, in lieu of issuing any fractional `share, pay the holder entitled to such fraction a sum in cash equal to such fraction multiplied by the then effective Purchase Pricecurrent market price of a share of Common Stock, as determined by the Company's Chief Executive Officer, Chief Financial Officer or Board of Directors, on the business day immediately prior to the date of exercise.
Appears in 1 contract
Fractional Shares. No fractional shares shall be issued upon exercise of this Warrant. The Company shall, in lieu of issuing any fractional share, pay the holder Holder entitled to purchase such fraction a sum in cash equal to such fraction (calculated to the nearest 1/100th of a share) multiplied by the difference between the then effective Purchase PriceExercise Price and the fair market value of such share (as determined by the Company’s Board of Directors) as of the date the Form of Subscription is received by the Company.
Appears in 1 contract
Samples: License Agreement (ConforMIS Inc)