Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 69 contracts
Samples: Loan and Security Agreement (Depomed Inc), Warrant Agreement (Gensia Inc), Registration Rights Agreement (Maverick Capital LTD)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's ’s Board of Directors.
Appears in 51 contracts
Samples: Venture Loan and Security Agreement (Environmental Impact Acquisition Corp), Warrant Agreement (Cerecor Inc.), Warrant Agreement (Cerecor Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 35 contracts
Samples: Warrant Agreement (PRN Corp), Warrant Agreement (Photoworks Inc /Wa), Common Stock Purchase Warrant (Comscore, Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Warrant Price then in good faith by the Company's Board of Directorseffect.
Appears in 30 contracts
Samples: Warrant to Purchase Common Stock (AccelPath, Inc.), Warrant to Purchase Common Stock (AccelPath, Inc.), Warrant to Purchase Common Stock (AccelPath, Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date Fair Market Value of exercise as reasonably determined in good faith by the Company's Board of Directorssuch Shares.
Appears in 29 contracts
Samples: Warrant Agreement (Muscle Maker, Inc.), Warrant Agreement (Biolargo, Inc.), Warrant Agreement (Biolargo, Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(g) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 14 contracts
Samples: Guarantee Fee, Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.), Guarantee Fee, Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.), Guarantee Fee, Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 13 contracts
Samples: Warrant Agreement (Shells Seafood Restaurants Inc), Warrant Agreement (Shells Seafood Restaurants Inc), Warrant Agreement (Shells Seafood Restaurants Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 9 contracts
Samples: Loan and Security Agreement (Viant Corp), Warrant Agreement (Power 3 Medical Products Inc), Warrant Agreement (Power 3 Medical Products Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(c) hereof) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 8 contracts
Samples: Warrant Agreement (E-Medsoft Com), Warrant Agreement (E-Medsoft Com), Warrant Agreement (E-Medsoft Com)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value of the Common Warrant Stock on the date of exercise then in effect as reasonably determined in good faith by the Company's Board of Directors.
Appears in 8 contracts
Samples: Warrant Agreement (Jaguar Health, Inc.), Warrant Agreement (Jaguar Health, Inc.), Warrant Agreement (Jaguar Animal Health, Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares thereof, the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 7 contracts
Samples: Common Stock Purchase Warrant (National Holdings Corp), Common Stock Purchase Warrant (National Holdings Corp), Common Stock Purchase Warrant (St Cloud Capital Partners Lp)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the per share fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 7 contracts
Samples: Warrant Agreement (Us Search Corp Com), Warrant Agreement (Us Search Corp Com), Services Agreement (Webhire Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 7 contracts
Samples: Warrant Agreement (Cardiac Science Inc), Warrant Agreement (Pearl Frank H), Warrant Agreement (Tesseract Group Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor therefore based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 7 contracts
Samples: Warrant Agreement (Ecology Coatings, Inc.), Warrant Agreement (Ecology Coatings, Inc.), Warrant Agreement (Ecology Coatings, Inc.)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise hereunderof this Warrant, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on equal in amount to the fair market value product of the Common Stock on the date of exercise as reasonably determined in good faith applicable fraction multiplied by the Company's Board of DirectorsExercise Price then in effect.
Appears in 7 contracts
Samples: Common Stock Purchase Warrant (ProText Mobility, Inc.), Common Stock Purchase Warrant (ProText Mobility, Inc.), Warrant Agreement (ProText Mobility, Inc.)
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 7 contracts
Samples: Common Stock Purchase Warrant (2bridge), Series B Preferred Stock Purchase Warrant (2bridge), Series C Preferred Stock Purchase Warrant (2bridge)
Fractional Shares. No fractional shares of Preferred Stock or Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 7 contracts
Samples: Warrant Agreement (Brightcove Inc), Warrant Agreement (Brightcove Inc), Warrant Agreement (Vocera Communications, Inc.)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any upon exercise hereunder, but in of this Warrant. In lieu of any fractional share to which the holder would otherwise be entitled, the Corporation shall pay cash equal to the product of such fractional shares the Company shall make a cash payment therefor based on fraction multiplied by the fair market value of the one share of Common Stock on the date of exercise exercise, as reasonably determined in good faith by the Company's Board of DirectorsBoard.
Appears in 6 contracts
Samples: Warrant Agreement (Valuerich Inc), Loan Agreement (Zion Oil & Gas Inc), Warrant Agreement (Zion Oil & Gas Inc)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise or cashless exercise hereunder, but and in lieu of any such fractional shares the Company Corporation shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder, subject to compliance with all applicable laws) based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board or cashless exercise of Directorsthis Warrant.
Appears in 6 contracts
Samples: Warrant Agreement (Warp Technology Holdings Inc), Warrant Agreement (Halo Technology Holdings, Inc.), Warrant Agreement (Warp Technology Holdings Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value of the Common Stock on the such date of exercise as reasonably determined in good faith by the Company's board of directors of the Company (the “Board of Directors”).
Appears in 6 contracts
Samples: Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares thereof the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 6 contracts
Samples: Common Stock Purchase Warrant (Socket Communications Inc), Common Stock Purchase Warrant (Socket Communications Inc), Stock Option Compensation Agreement (Bravo Foods International Corp)
Fractional Shares. No fractional shares of Common Stock common stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares of common stock, the Company shall make a cash payment therefor based on the fair market value closing price or last sale price of a share of common stock reported for the Common Stock on business day immediately before the date of exercise Exercise Date or as reasonably determined in good faith by the Company's ’s Board of Directors.
Appears in 6 contracts
Samples: Warrant Agreement (Trulieve Cannabis Corp.), Warrant Agreement (Trulieve Cannabis Corp.), Warrant Agreement (Trulieve Cannabis Corp.)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise or cashless exercise hereunder, but and in lieu of any such fractional shares the Company shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder, subject to compliance with all applicable laws) based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board or cashless exercise of Directorsthis Warrant.
Appears in 6 contracts
Samples: Warrant Agreement (Insite Vision Inc), Warrant Agreement (Insite Vision Inc), Warrant Agreement (Phase Iii Medical Inc/De)
Fractional Shares. No fractional shares of Common Stock will are to be issued in connection with any upon the exercise hereunderof the Warrant, but in lieu of such fractional shares the Company shall make pay a cash payment therefor based on adjustment in respect of any fraction of a share which would otherwise be issuable in an amount equal to the fair market value same fraction of the market price per share of Common Stock on the date day of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 6 contracts
Samples: Common Stock Purchase Warrant (Aquis Communications Group Inc), Common Stock Purchase Warrant (Cabletel Communications Corp), Common Stock Purchase Warrant (Finova Capital Corp)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 6 contracts
Samples: Warrant Agreement (Cherokee Inc), Warrant Agreement (Cherokee Inc), Warrant Agreement (Cherokee Inc)
Fractional Shares. No fractional shares Shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor based on equal to the fair market value excess of the Common Stock on the date average daily closing price of exercise as reasonably determined in good faith by the Company's Board of Directors’s common stock for the twenty (20) business days prior to the exercise date for such fractional shares above the Warrant Price for such fractional share.
Appears in 5 contracts
Samples: Exchange Agreement (PVF Capital Corp), Warrant Agreement (PVF Capital Corp), Warrant Agreement (PVF Capital Corp)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value of the Common Stock on the such date of exercise as reasonably determined in good faith by the Company's board of directors of the Company (the "Board of Directors").
Appears in 5 contracts
Samples: Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise hereunder, but in of this Warrant. In lieu of such any fractional shares that would otherwise be issuable, the Company shall make a pay cash payment therefor based on equal to the fair market value product of such fraction multiplied by the Current Market Price of one share of Common Stock on at the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 5 contracts
Samples: Warrant Agreement (Differential Brands Group Inc.), Warrant Agreement (Differential Brands Group Inc.), Warrant Agreement (Carlyle Group L.P.)
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date current market price of exercise such Shares then in effect as reasonably determined in good faith by the Company's Board of Directors.
Appears in 5 contracts
Samples: Warrant Agreement (Medjet Inc), Warrant Agreement (Medjet Inc), Warrant Agreement (Medjet Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunderhereof, but in lieu of such fractional shares shares, the Company Corporation shall make a cash payment therefor based on equal in amount to the fair market value product of the Common Stock on the date of exercise as reasonably determined in good faith applicable fraction multiplied by the Company's Board of DirectorsWarrant Price.
Appears in 5 contracts
Samples: Warrant Agreement (Americasdoctor Com Inc), Common Stock Warrant (Americasdoctor Com Inc), Warrant Agreement (Americasdoctor Com Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Warrant Price then in good faith by the Company's Board of Directorseffect.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Analogy Inc), Common Stock Purchase Warrant (Analogy Inc), Common Stock Purchase Warrant (PivX Solutions, Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(h) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 4 contracts
Samples: Warrant Agreement (Phoenix Network Inc), Warrant Agreement (Midcom Communications Inc), Warrant Agreement (Lasersight Inc /De)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Value at Exercise then in good faith by the Company's Board of Directorseffect.
Appears in 4 contracts
Samples: Warrant Agreement (Adac Laboratories), Warrant Agreement (Lattice Semiconductor Corp), Warrant Agreement (Lattice Semiconductor Corp)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise or conversion hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise or conversion as reasonably determined in good faith by the Company's ’s Board of Directors.
Appears in 4 contracts
Samples: Loan and Security Agreement (Mavenir Systems Inc), Loan and Security Agreement (Mavenir Systems Inc), Warrant Agreement (Mavenir Systems Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsaccordance with Section 2(c).
Appears in 3 contracts
Samples: Warrant Agreement (Solyndra, Inc.), Warrant Agreement (Solyndra, Inc.), Warrant Agreement (Solyndra, Inc.)
Fractional Shares. No fractional shares of Common Stock common stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based upon the closing price of the common stock as reported on the fair market value of the Common Stock Nasdaq National Market on the trading day immediately prior to the date of exercise as reasonably determined in good faith by the Exercise Notice is delivered to the Company's Board of Directors.
Appears in 3 contracts
Samples: Warrant Agreement (Cv Therapeutics Inc), Warrant Agreement (Cv Therapeutics Inc), Warrant Agreement (Cv Therapeutics Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directors’s option.
Appears in 3 contracts
Samples: Warrant Agreement (Deer Valley Corp), Warrant Agreement (Deer Valley Corp), Warrant Agreement (Telzuit Medical Technologies, Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the product resulting from multiplying the then fair market value of the Common Stock (as determined pursuant to Section 9(c) below) on the date of exercise as reasonably determined in good faith by the Company's Board of Directorssuch fraction.
Appears in 3 contracts
Samples: Merger Agreement (Ats Medical Inc), Subordinated Credit Agreement (Ats Medical Inc), Warrant Agreement (Ats Medical Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value Fair Market Value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of DirectorsStock.
Appears in 3 contracts
Samples: Warrant Agreement (Optimark Technologies Inc), Warrant Agreement (Optimark Technologies Inc), Warrant Agreement (Optimark Technologies Inc)
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Warrant Price then in good faith by the Company's Board of Directorseffect.
Appears in 3 contracts
Samples: License and Option Agreement (Orchid Biosciences Inc), License Agreement (Orchid Biosciences Inc), Warrant Agreement (Template Software Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value of the Common Stock on the such date of exercise as reasonably determined in good faith by the board of directors of the Company's Board of Directors.
Appears in 3 contracts
Samples: Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.)
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 3 contracts
Samples: Loan Agreement (Pilot Network Services Inc), Warrant Agreement (Xenogen Corp), Warrant Agreement (Zhone Technologies Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the product resulting from multiplying the then fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's ’s Board of DirectorsDirectors by such fraction.
Appears in 3 contracts
Samples: Warrant Agreement (Sunesis Pharmaceuticals Inc), Warrant Agreement (Sunesis Pharmaceuticals Inc), Warrant Agreement (Ats Medical Inc)
Fractional Shares. No fractional shares of Common Stock will be issued ----------------- in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Warrant Price then in good faith by the Company's Board of Directorseffect.
Appears in 3 contracts
Samples: Warrant Agreement (Phytera Inc), Warrant Agreement (Paradigm Genetics Inc), Common Stock Warrant (Cardima Inc)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company Corporation shall make a cash payment therefor based on the fair market value Fair Market Value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 3 contracts
Samples: Warrant Agreement (Cityzenith Holdings, Inc.), Warrant Agreement (Butler International Inc /Md/), Warrant Agreement (Butler International Inc /Md/)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, hereunder but in lieu of such fractional shares the Company shall make a cash payment refund therefor based on equal in amount to the fair market value product of the Common Stock on the date of exercise as reasonably determined in good faith applicable fraction multiplied by the Company's Board of DirectorsExercise Price paid by the Holder for one Warrant Share upon such exercise.
Appears in 3 contracts
Samples: Warrant Agreement (Comstock Holding Companies, Inc.), Warrant Agreement (Comstock Holding Companies, Inc.), Warrant Agreement (Comstock Holding Companies, Inc.)
Fractional Shares. No fractional shares of Common Stock will are to be issued in connection with any upon the exercise hereunderof this Warrant, but in lieu of such fractional shares share, the Company shall make a cash payment therefor based on equal to the fair market value of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith effect multiplied by the Company's Board of Directorssuch fractional share.
Appears in 3 contracts
Samples: Warrant Agreement (Host Funding Inc), Warrant Agreement (Host Funding Inc), Warrant Agreement (Wulf International LTD)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise or cashless exercise hereunder, but and in lieu of any such fractional shares the Company shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder) based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board or cashless exercise of Directorsthis Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (CervoMed Inc.), Warrant Agreement (CervoMed Inc.), Accounts Receivable Purchase Agreement (Scient Inc)
Fractional Shares. No fractional shares of Common Stock will be issued ------------------ in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common Stock ------------ on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 2 contracts
Samples: Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4.i. above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Warrant Agreement (Cfi Proservices Inc), Warrant Agreement (Cfi Proservices Inc)
Fractional Shares. No fractional shares of Common Stock will are to be issued in connection with any exercise hereunderupon the Warrant Exercise, but in lieu of such fractional shares the Company shall make pay a cash payment therefor based on adjustment in respect of any fraction of a share which would otherwise be issuable in an amount equal to the fair market value same fraction of the market price per share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 2 contracts
Samples: Warrant Agreement (Hei Inc), Warrant Agreement (Hei Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Warrant Agreement (Cohbar, Inc.), Warrant Agreement (Cohbar, Inc.)
Fractional Shares. No fractional shares of Common Stock will be ------------------ issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common ------------ Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Warrant Agreement (Taylor Madison Corp), Warrant Agreement (Taylor Madison Corp)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise hereunder, but and in lieu of any such fractional shares the Company shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder) based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsthis Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Incara Pharmaceuticals Corp), Warrant Agreement (Incara Inc)
Fractional Shares. No fractional shares of Common Stock will be issued ----------------- in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsaccordance with Section 10.2(c)(ii) or 10.2(c)(iii), as applicable.
Appears in 2 contracts
Samples: Warrant Agreement (Emachines Inc /De/), Warrant Agreement (Emachines Inc /De/)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares shares, the Company shall make a cash payment therefor based on upon the fair market value Fair Market Value of the such Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Common Stock and Warrant Issuance Agreement (Wink Communications Inc), Common Stock and Warrant Issuance Agreement (Wink Communications Inc)
Fractional Shares. No fractional shares of Common Stock will be issued ----------------- in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Warrant (2bridge), Common Stock Purchase Warrant (Software Com Inc)
Fractional Shares. No fractional shares of the Common Stock will shall be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 2 contracts
Samples: Warrant Agreement (National Datacomputer Inc), Warrant Agreement (Organogenesis Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date current market price of exercise such Shares then in effect as reasonably determined in good faith by the Company's ’s Board of Directors.
Appears in 2 contracts
Samples: Warrant Agreement (AHPC Holdings, Inc.), Warrant Agreement (AHPC Holdings, Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued ------------------ in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(g) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 2 contracts
Samples: Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp)
Fractional Shares. No In the event Shareholder Approval has been obtained and shares of Common Stock are to be issued upon the exercise of this warrant, no fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the product resulting from multiplying the then fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's ’s Board of DirectorsDirectors by such fraction.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Ats Medical Inc), Warrant Agreement (Ats Medical Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the basis of the Warrant Price then in effect and the fair market value of the Common Stock on the date of exercise a full share as reasonably determined in good faith for this purpose by the Company's Board of Directors.
Appears in 2 contracts
Samples: Settlement Agreement (Ciena Corp), Warrant Agreement (Ciena Corp)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise hereunder, but and in lieu of any such fractional shares the Company shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder, subject to compliance with all applicable laws) based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsthis Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Aeolus Pharmaceuticals, Inc.), Warrant Agreement (Aeolus Pharmaceuticals, Inc.)
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(h) above) of the a share of Common ------------ Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Warrant Agreement (Video Update Inc), Warrant Agreement (Video Update Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(f) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directors’s option.
Appears in 2 contracts
Samples: Warrant Agreement (Cruisestock Inc.), Warrant Agreement (Cruisestock Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.on
Appears in 2 contracts
Samples: Warrant Agreement (Brookside Technology Holdings, Corp.), Warrant Agreement (Brookside Technology Holdings, Corp.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(i) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Warrant Agreement (Immunomedics Inc), Warrant Agreement (Aureal Semiconductor Inc)
Fractional Shares. No fractional shares of Common Stock will be issued ------------------ in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(g) above) of the a share of Common Stock ------------ on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 2 contracts
Samples: Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, hereunder but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on upon the fair market value basis of the Current Market Value (as defined below) of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of DirectorsStock.
Appears in 2 contracts
Samples: Warrant Agreement (CBS Corp), Warrant Agreement (CBS Corp)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of DirectorsWarrant Price.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement
Fractional Shares. No fractional shares of Common Stock will be ------------------ issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common ------------ Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 2 contracts
Samples: Warrant Agreement (Cytation Corp), Warrant Agreement (Cytation Corp)
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, hereunder but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on upon the basis of the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorssuch exercise.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Trikon Technologies Inc), Warrant Agreement (Plasma & Materials Technologies Inc)
Fractional Shares. No fractional shares of Common Stock Shares will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Warrant Price then in good faith by the Company's Board of Directorseffect.
Appears in 2 contracts
Samples: Merger Agreement (Cardinal Health Inc), Amended and Restated Agreement and Plan of Merger (Cardinal Health Inc)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any upon exercise hereunder, but in of the Warrants. In lieu of such fractional shares shares, the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of DirectorsDirectors of the Company. If more than one Warrant shall be exercised at or about the same time by the same Holder, the number of full shares of Common Stock issuable upon exercise shall be computed on the basis of the aggregate number of Warrants exercised.
Appears in 2 contracts
Samples: Stock Purchase Agreement (iTech Medical, Inc.), Stock Purchase Agreement (iTech Medical, Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued ----------------- in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 2 contracts
Samples: Loan Agreement (Pilot Network Services Inc), Warrant Agreement (Integrated Packaging Assembly Corp)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such any remaining fractional share that may exist after aggregating all fractional shares for any Holder, the Company shall make a may pay an amount of cash payment therefor based on to such Holder equal to the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith fraction multiplied by the Company's Board Fair Market Value of Directorsa share of Common Stock.
Appears in 2 contracts
Samples: Warrant Agreement (Syndax Pharmaceuticals Inc), Warrant Agreement (Syndax Pharmaceuticals Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with SECTION 4(i) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be ------------------ issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the per share fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Fractional Shares. No fractional shares Shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor based on equal to the fair market value excess of the Common Stock on the date average daily closing price of exercise as reasonably determined in good faith by the Company's Board of Directors’s common stock for the twenty (20) business days prior to the exercise date for such fractional shares above the aggregate Exercise Price for such fractional Shares.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued ------------------ in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 1 contract
Samples: Warrant Agreement (Deer Valley Corp)
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(h) above) of the a share of Common ----------- Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Warrant Agreement (Video Update Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as mutually determined by the Company and the holder) of the Common Stock on the date of exercise as reasonably determined exercise/in good faith an amount equal to such fraction multiplied by the Company's Board of DirectorsWarrant Price.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunderof this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the per share fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Warrant Agreement (China YCT International Group, Inc.)
Fractional Shares. No fractional shares Shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor based on equal to the fair market value excess of the Common Stock on the date average daily closing price of exercise as reasonably determined in good faith by the Company's Board of Directors’s common stock for the twenty (20) business days prior to the exercise date for such fractional shares above the Exercise Price for such fractional Shares.
Appears in 1 contract
Fractional Shares. No fractional shares share of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares share the Company shall make a cash payment therefor based on upon the basis of the fair market value of the such Common Stock on the date of exercise then in effect, as reasonably determined in the good faith by judgment of the Company's Board of Directors.
Appears in 1 contract
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Phoenix Network Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with SECTION 4(F) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares shares, the Company shall make a cash payment therefor based on upon the fair market value of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Wink Communications Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunderof this Warrant, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on equal in amount to the fair market value product of the Common Stock on the date of exercise as reasonably determined in good faith applicable fraction multiplied by the Company's Board of DirectorsExercise Price per share paid by the holder for its Warrant Shares upon such exercise.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock any class of stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Samples: Warrant Agreement (Universal Standard Medical Laboratories Inc)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise or cashless exercise hereunder, but and in lieu of any such fractional shares the Company shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder, subject to compliance with all applicable laws) based on the fair market value (as determined by the Board in good faith) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board or cashless exercise of Directorsthis Warrant.
Appears in 1 contract
Samples: Warrant Agreement (Roomlinx Inc)
Fractional Shares. No fractional shares of the Common Stock will ----------------- be issued in connection with any exercise hereunderof this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued in ----------------- connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 1 contract
Fractional Shares. No In no event shall any fractional shares share of Common Stock will be issued in connection with upon any exercise hereunder, but in of this Warrant. In lieu of such any fractional shares which would otherwise be issuable, the Company shall make a pay cash payment therefor based on equal to the product of such fraction multiplied by the fair market value of the one share of Common Stock on the date of exercise exercise, as reasonably determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Samples: Warrant Agreement (Redenvelope Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunderhereunder or any Common Stock issuable upon conversion thereof, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Warrant Price then in good faith by the Company's Board of Directorseffect.
Appears in 1 contract
Fractional Shares. No fractional shares of the Common Stock will be issued in connection with any exercise hereunderof this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Quietpower Systems Inc)
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Genesys Telecommunications Laboratories Inc)
Fractional Shares. No fractional shares of Common Stock will be issued ------------------ in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(g) above) of the a share of Common Stock ----------- on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 1 contract
Samples: Warrant Agreement (Cytation Corp)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directors’s option.
Appears in 1 contract
Samples: Warrant Agreement (Cruisestock Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(h)) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract