Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in cash equal to the Current Market Price per share of Common Stock on the date of exercise multiplied by such fraction.
Appears in 104 contracts
Samples: Common Stock Purchase Warrant (Netsol Technologies Inc), Common Stock Purchase Warrant (Netsol Technologies Inc), Common Stock Purchase Warrant (Avatech Solutions Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current same fraction of the Market Price per share of Common Stock on the date of relevant exercise multiplied by such fractiondate.
Appears in 41 contracts
Samples: TherapeuticsMD, Inc., TherapeuticsMD, Inc., TherapeuticsMD, Inc.
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the Current same fraction of the Market Price per share of Common Stock on as of the date of exercise multiplied by of the Warrant giving rise to such fractionfraction of a share.
Appears in 23 contracts
Samples: Common Stock Purchase (Thermoenergy Corp), Common Stock Purchase Warrant (Energy Focus, Inc/De), Common Stock Purchase (Thermoenergy Corp)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any this Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 18 contracts
Samples: Warrant (Appaloosa Management Lp), Warrant (Appaloosa Management Lp), Preferred Stock and Warrant Purchase Agreement (Netegrity Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 15 contracts
Samples: Securities Purchase Agreement (Decrane Aircraft Holdings Inc), Investment Agreement (Vidamed Inc), Shareholders Agreement (Decrane Aircraft Holdings Inc)
Fractional Shares. The Company may, but shall not be required to issue a fractional share to, deliver fractions of shares of Common Stock upon exercise of any this Warrant. As to If any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Common Stock would otherwise be entitled to purchase deliverable upon such exercisean exercise of this Warrant, the Company shall pay may, in lieu of delivering such fraction of a share of Common Stock, make a cash payment to the Holder in an amount in cash equal to the Current same fraction of the Fair Market Price per share of Common Stock on the date of exercise multiplied by such fractionValue Per Share.
Appears in 12 contracts
Samples: Common Stock Purchase (Workhorse Group Inc.), Common Stock Purchase (Kala Pharmaceuticals, Inc.), Credit Agreement (Kala Pharmaceuticals, Inc.)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which that the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay to such Holder an amount in cash equal to such fraction multiplied by the Current Market Price per Fair Value of one share of Common Stock on the date of exercise multiplied by such fractionExercise Date.
Appears in 11 contracts
Samples: Skyterra Communications Inc, Skyterra Communications Inc, Skyterra Communications Inc
Fractional Shares. The Company may, but shall not be required to issue a fractional share to, deliver fractions of shares of Common Stock upon exercise of any this Warrant. As to If any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Common Stock would otherwise be entitled to purchase deliverable upon such exercisean exercise of this Warrant, the Company shall pay may, in lieu of delivering such fraction of a share of Common Stock, make a cash payment to the Holder in an amount in cash equal to the Current same fraction of the Fair Market Price per share Value Per Share determined as of Common Stock on the Business Day immediately preceding the date of exercise multiplied by such fractionof this Warrant.
Appears in 11 contracts
Samples: Common Stock Purchase (Northstar Realty), Common Stock Purchase (Northstar Realty), Common Stock Purchase (Northstar Realty)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which that the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per of one share of Common Stock on the date of exercise multiplied by such fractionExercise Date, if the Common Stock is then publicly traded.
Appears in 8 contracts
Samples: Norand Corp /De/, Norand Corp /De/, Norand Corp /De/
Fractional Shares. The Company shall not be required to issue a fractional share fractions of shares of Common Stock upon exercise of exercise. If any Warrant. As to any fraction fractions of a share which the Holder of one or more Warrantswould, the rights under which are exercised in the same transactionbut for this Section 3, would otherwise be entitled to purchase issuable upon such any exercise, in lieu of such fractional share the Company shall pay an amount in cash equal round up or down to the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionnearest whole number.
Appears in 8 contracts
Samples: True North Energy CORP, True North Energy CORP, True North Energy CORP
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in cash equal to the Current Market Price per share of Common Stock on the date of exercise exercise, multiplied by such fraction.
Appears in 7 contracts
Samples: Spectrum Pharmaceuticals Inc, Spectrum Pharmaceuticals Inc, Spectrum Pharmaceuticals Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Series C Preferred Stock upon exercise of any this Warrant. As to any fraction of a share which the Holder holder of one or more Warrants, the rights under which are exercised in the same transaction, this Warrant would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (Aames Financial Corp/De), Preferred Stock Purchase Agreement (Capital Z Financial Services Fund Ii Lp), Capital Z Financial Services Fund Ii Lp
Fractional Shares. The Company shall not be required to issue a any fractional share shares of Common Stock upon exercise of any this Warrant. As In lieu of any fractional share to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Warrantholder would otherwise be entitled to purchase upon such exerciseexercise of this Warrant, the Company shall pay make a cash payment in an amount in cash equal to the Current Market product of (a) the Closing Price per share of Common Stock on the date of exercise multiplied by such fraction(b) the fraction of a share.
Appears in 6 contracts
Samples: Motient Corp, Motient Corp, Globix Corp
Fractional Shares. The Company shall not be required to issue a fractional share fractions of shares of Common Stock or other capital stock of the Company upon the exercise of any WarrantWarrants. As to If any fraction of a share which would be issuable upon the Holder exercise of one any Warrant (or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercisespecified portions thereof), the Company shall pay purchase such fraction for an amount in cash equal to the Current Market Price per same fraction of the fair value of such share of Common Stock (as determined in good faith by the Board of Directors of the Company but not less than the fair market value) on the date of exercise multiplied by such fractionof the Warrant.
Appears in 6 contracts
Samples: Acr Group Inc, Acr Group Inc, Gexa Corp
Fractional Shares. The Company shall not be required to issue a fractional share of Common Warrant Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Warrants would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fractional share in an amount in cash equal to the same fraction of the Current Market Price per share of Common Warrant Stock on the date of exercise multiplied by such fractionexercise.
Appears in 6 contracts
Samples: BG Medicine, Inc., BG Medicine, Inc., Warrant (Conseco Inc)
Fractional Shares. The Company shall not be required to issue a fractional share deliver fractions of shares of Common Stock upon exercise of any this Warrant. As to If any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Common Stock would otherwise be entitled to purchase deliverable upon such exercisean exercise of this Warrant, the Company shall pay may, in lieu of delivering such fraction of a share of Common Stock, make a cash payment to the Holder in an amount in cash equal to the Current same fraction of the Fair Market Price per share Value Per Share determined as of Common Stock on the Business Day immediately preceding the date of exercise multiplied by such fractionof this Warrant.
Appears in 6 contracts
Samples: Common Stock Purchase (Headway Corporate Resources Inc), Common Stock Purchase (Headway Corporate Resources Inc), Common Stock Purchase (Personnel Group of America Inc)
Fractional Shares. The Notwithstanding any provision of this Agreement, the Company shall not be required to issue a fractional share fractions of Common Stock shares upon exercise of any WarrantWarrant or to distribute certificates which evidence fractional shares. As to any fraction In lieu of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercisefractional shares, the Company shall pay make payment to the applicable Holder, at the time of exercise of any Warrant as herein provided, in an amount in cash equal to such fraction multiplied by the Current Market Exercise Price per of a share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 5 contracts
Samples: Warrant Agreement (Tontine Capital Partners L P), Warrant Agreement (Patrick Industries Inc), Warrant Agreement (Patrick Industries Inc)
Fractional Shares. The Company shall not be required to issue a fractional share shares upon the exercise of this Warrant, but instead, the number of shares of Common Stock issuable upon exercise of any Warrant. As to any fraction of a share which the Holder of one this Warrant shall be rounded up or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in cash equal down to the Current Market Price per nearest whole share (calculated at the time of Common Stock on the date final exercise of exercise multiplied by such fractionthis Warrant).
Appears in 4 contracts
Samples: Side Agreement (Jfax Com Inc), Side Agreement (Efax Com Inc), Agreement and Plan of Merger (Jfax Com Inc)
Fractional Shares. The Company shall not be required to ----------------- issue a fractional share of Common Stock upon exercise of any this Warrant. As to any fraction of a share which the Holder holder of one or more Warrants, the rights under which are exercised in the same transaction, this Warrant would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Capital Z Financial Services Fund Ii Lp), Preferred Stock Purchase Agreement (Capital Z Financial Services Fund Ii Lp), Preferred Stock Purchase Agreement (Capital Z Financial Services Fund Ii Lp)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock Share upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in cash equal to the Current Market Price per share of Common Stock Share on the date of exercise exercise, multiplied by such fraction.
Appears in 4 contracts
Samples: Ym Biosciences Inc, Ym Biosciences Inc, Ym Biosciences Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more WarrantsWarrant and, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exerciselieu thereof, the Company shall pay a cash adjustment in respect of fractional share in an amount in cash equal to the Current Market Price per same fraction of the market value of one share of Common Stock on the date Exercise Date, with such market value being equal to the average of exercise multiplied by the closing sales prices per share of Common Stock for the twenty consecutive trading days preceding such fractiondate.
Appears in 3 contracts
Samples: Exhibit 2 (Scott Walter Jr), Stock Purchase Agreement (Scott Walter Jr), Stock Purchase Agreement (RCN Corp /De/)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon the exercise of any WarrantWarrants. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Warrants would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 3 contracts
Samples: Deeptech Warrant Agreement (Deeptech International Inc), Warrant Agreement (Deeptech International Inc), Deeptech Warrant Agreement (Deeptech International Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current Market Price same fraction of the fair market value per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 3 contracts
Samples: Inter Parfums Inc, Inter Parfums Inc, Inter Parfums Inc
Fractional Shares. The Company shall not be required to issue a any fractional share shares of Common Stock upon exercise of any this Warrant. As In lieu of any fractional share to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Warrantholder would otherwise be entitled to purchase upon such exerciseexercise of this Warrant, the Company shall pay make a cash payment in an amount in cash equal to the Current product of (a) the Fair Market Price Value per share of Common Stock on the date of exercise multiplied by such fraction(b) the fraction of a share.
Appears in 3 contracts
Samples: Employment Agreement (Titan Corp), Agreement and Plan of Merger (Globalnet Inc), Inktomi Corp
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any this Warrant. As to any fraction of a share which the that Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the Current Fair Market Price per share Value of Common Stock on the date of exercise multiplied by such fraction.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Taylor Morrison Home Corp), Agreement and Plan of Merger (William Lyon Homes), Taylor Morrison Home Corp
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which that the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay to such Holder an amount in cash equal to such fraction multiplied by the Current Fair Market Price per Value of one share of Common Stock on the date of exercise multiplied by such fractionExercise Date.
Appears in 3 contracts
Samples: Siga Technologies Inc, Siga Technologies Inc, Video Network Communications Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current then current Market Price per share of Common Stock on the date of exercise Price, multiplied by such fraction.
Appears in 2 contracts
Samples: In Store Media Systems Inc, In Store Media Systems Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in a cash equal to the Current Market Price per share of Common Stock on the date of exercise multiplied by such fraction.adjustment in
Appears in 2 contracts
Samples: Alteon Inc /De, Alteon Inc /De
Fractional Shares. The Company shall not be required to issue a ----------------- fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current same fraction of the Market Price per share of Common Stock on the date of relevant exercise multiplied by such fractiondate.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nanopierce Technologies Inc), Nanopierce Technologies Inc
Fractional Shares. The Company shall not be required to issue a fractional share fractions of shares of Common Stock or other capital stock of the Company upon the exercise or conversion of any this Warrant. As to If any fraction of a share which would be issuable on the Holder exercise or conversion of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercisethis Warrant, the Company shall pay purchase such fraction for an amount in cash equal to the Current Market Price per same fraction of the fair market value of such share of Common Stock on the date of exercise multiplied by such fractionor conversion of this Warrant, determined in accordance with Section 2.2 hereof.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Tripath Imaging Inc), Warrant Purchase Agreement (Tripath Imaging Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current same fraction of the average of the Daily Market Price per share of Common Stock on for the 5 consecutive Trading Days preceding the date of exercise multiplied by such fractionexercise.
Appears in 2 contracts
Samples: Warrant Agreement (Edison Brothers Stores Inc), Warrant Agreement (Edison Brothers Stores Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any this Warrant. As to any fraction of a share which the a Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Krauses Furniture Inc), General Electric Capital Corp
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any WarrantClass B Warrants. As to any fraction of a share which the a Holder of one or more Class B Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 2 contracts
Samples: Warrant Agreement (Lodgian Inc), Warrant Agreement (Lodgian Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay deliver an amount in cash equal to the Current Market Price per additional full share of Common Stock on the date in lieu of exercise multiplied by such fractionfractional share.
Appears in 2 contracts
Samples: Transmeridian Exploration Inc, Transmeridian Exploration Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in cash equal to the Current Daily Market Price per share of Common Stock on the date of exercise multiplied by such fraction.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (ONCOSEC MEDICAL Inc), Common Stock Purchase Warrant (ONCOSEC MEDICAL Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock Share upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in cash equal to the Current Market Price per share of Common Stock Share on the date of exercise multiplied by such fraction.
Appears in 2 contracts
Samples: Unit Purchase Agreement (Novagold Resources Inc), Electrum Strategic Resources LLC
Fractional Shares. The Company shall not be required to issue a fractional share ----------------- fractions of shares of Common Stock or other capital stock of the Company upon the exercise of any WarrantWarrants. As to If any fraction of a share which would be issuable upon the Holder exercise of one any Warrant (or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercisespecified portions thereof), the Company shall pay purchase such fraction for an amount in cash equal to the same fraction of the Current Market Price per of such share of Common Stock on the date of exercise multiplied by such fractionof the Warrant.
Appears in 2 contracts
Samples: Exchange Agreement (Tuboscope Vetco International Corp), Subscription Agreement (Tuboscope Vetco International Corp)
Fractional Shares. The Company Corporation shall not be required to issue a fractional share of Common Stock stock upon any exercise of any Warrantthe Warrants. As to any final fraction of a share which the Holder holder of one or more Warrants, the rights under which are exercised in the same transaction, Warrants would otherwise be entitled to purchase upon such exercise, the Company Corporation shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current Market Price same fraction of the average of the closing bid and asked prices per share of Common Stock on the date business day which next precedes the day of exercise multiplied by such fractionexercise.
Appears in 2 contracts
Samples: Hubbell Incorporated (Efi Electronics Corp), Hubbell Incorporated (Efi Electronics Corp)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock Ordinary Shares upon exercise of any Warrant. As to any Any fraction of a share which the Holder of one or more Warrants, Warrants the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, except as otherwise provided in Section 2.1, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock Ordinary Shares on the date of exercise multiplied by such fractionexercise.
Appears in 2 contracts
Samples: Ge Capital Equity Investments Inc, Ge Capital Equity Investments Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any the Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exerciseany exercise of the Warrant, the Company shall pay an a cash adjustment in respect of such fraction in any amount in cash equal to the Current same fraction of the Fair Market Price per share Value of the Common Stock on the date of exercise multiplied by exercise, less the portion of the Exercise Price attributable to such fraction.
Appears in 2 contracts
Samples: Equivest Finance Inc, Equivest Finance Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any WarrantClass A Warrants. As to any fraction of a share which the a Holder of one or more Class A Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 2 contracts
Samples: Warrant Agreement (Lodgian Inc), Warrant Agreement (Lodgian Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Warrants would otherwise be entitled to purchase upon such exercise, the exercise Company shall pay a cash adjustment to Holder in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 2 contracts
Samples: Branded Media CORP, Branded Media CORP
Fractional Shares. The Company shall not be required to issue a fractional share of Class A Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall may pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Class A Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 2 contracts
Samples: Firearms Training Systems Inc, Firearms Training Systems Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which that the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per Value of one share of Common Stock on the date of exercise multiplied by such fractionExercise Date.
Appears in 2 contracts
Samples: North Atlantic Trading Co Inc, North Atlantic Trading Co Inc
Fractional Shares. The Company Corporation shall not be required to issue a ----------------- fractional share shares of Common Stock upon exercise of any Warrant. As to any this Warrant but shall pay for such fraction of a share which the Holder of one in cash or more Warrants, the rights under which are exercised by certified or official bank check in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in cash equal to the Current Market Price per product of such fraction of a share of Common Stock on and the date of exercise multiplied by such fractionExercise Price.
Appears in 2 contracts
Samples: Investment Agreement (Keystone Financial Inc), Exhibit 99 (Keystone Financial Inc)
Fractional Shares. The Company shall not be required to issue a fractional shares of Common Stock upon the exercise of any Warrant. Upon the exercise of any Warrant, there shall be paid to the Holder thereof, in lieu of any fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrantsresulting therefrom, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in of cash equal to the Current Market Price per share of Common Stock on the date of exercise multiplied by such fraction.product of:
Appears in 2 contracts
Samples: Warrant Agreement (Freedom Financial Group Inc), Warrant Agreement (Freedom Financial Group Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Warrant Price per share of Common Stock on as of the date of exercise multiplied by such fractionClosing Date.
Appears in 2 contracts
Samples: Univec Inc, Univec Inc
Fractional Shares. The Company shall not be required to issue a fractional share fractions of shares of Common Stock upon exercise of any WarrantWarrants or to distribute certificates which evidence fractional shares of Common Stock. As to any fraction In lieu of a share which the Holder fractional shares of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exerciseCommon Stock, the Company shall pay to the then holder of this Warrant Certificate (as of the Date of Exercise) an amount in cash equal to the Current Market Price per share same fraction of the fair market value of the shares of Common Stock on the date calculated with respect to such Date of exercise multiplied by such fractionExercise.
Appears in 2 contracts
Samples: Registration Rights Agreement (Emerging Vision Inc), Registration Rights Agreement (Emerging Vision Inc)
Fractional Shares. The Company shall not be required to issue a fractional share deliver fractions of shares of Common Stock upon exercise of any Warrant. As to If any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Common Stock would otherwise be entitled to purchase deliverable upon such exerciseexercise of a Warrant, the Company shall pay may, in lieu of delivering such fraction of a share of Common Stock, make a cash payment to the affected Holder in an amount in cash equal to the Current proportionate amount of the Fair Market Price Value per share as of Common Stock on the Business Day immediately preceding the date of exercise multiplied by of such fractionWarrant.
Appears in 1 contract
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any the Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Warrant would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Calton Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Class A Common Stock upon exercise of any this Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Class A Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Martha Stewart Living Omnimedia Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Voting Common Stock upon exercise of any Warrant. As to any fraction of a share which that the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay to such Holder an amount in cash equal to such fraction multiplied by the Current Market Price per Fair Value of one share of Voting Common Stock on the date of exercise multiplied by such fractionExercise Date.
Appears in 1 contract
Samples: Skyterra Communications Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Warrant Stock upon exercise of any Warrant. As to In lieu of any fraction of a share to which the any Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exerciseentitled, the Company shall pay an amount in make a cash payment equal to the Current Fair Market Price per Value of one share of Common Stock on the date of exercise Exercise Date multiplied by such fraction.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Optionable Inc)
Fractional Shares. The Company shall not be required to ------------------ issue a fractional share of Class A Common Stock upon exercise of any the Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exerciseany exercise of the Warrant, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the Current same fraction of the Fair Market Price per share Value of the Common Stock on the date of exercise multiplied by exercise, less the portion of the Exercise Price attributable to such fraction. 5.
Appears in 1 contract
Samples: Telegroup Inc
Fractional Shares. The Company shall not be required to issue a fractional share fractions of shares of Common Stock or other capital stock of the Company upon the exercise of any WarrantWarrants. As to If any fraction of a share which would be issuable upon the Holder exercise of one any Warrant (or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercisespecified portions thereof), the Company shall pay purchase such fraction for an amount in cash equal to the Current same fraction of the Market Price per of such share of Common Stock on the date of exercise multiplied by such fraction.of the Warrant. Exhibit A - Warrant for Purchase of Shares of Common Stock
Appears in 1 contract
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current same fraction of the Market Price per share of Common Stock on as of the date of exercise multiplied by such fractionClosing Date. 2.4.
Appears in 1 contract
Samples: Network Connection Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current same fraction of the current Market Price per share of Common Stock on as of the date of applicable exercise multiplied by such fractiondate.
Appears in 1 contract
Samples: Educational Video Conferencing Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in cash equal to the Current Market Price per share of Common Stock on the date of exercise multiplied by such fraction. The Company shall issue fractional shares of Series B Preferred Stock, as applicable, upon the exercise of this Warrant.
Appears in 1 contract
Samples: TRUEYOU.COM
Fractional Shares. The Company may, but shall not be required to issue a fractional share to, deliver fractions of shares of Common Stock upon exercise of any this Warrant. As to If any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Common Stock would otherwise be entitled to purchase deliverable upon such exercisean exercise of this Warrant, the Company shall pay may, in lieu of delivering such fraction of a share of Common Stock, make a cash payment to the Holder in an amount in cash equal to the Current same fraction of the Fair Market Price per share of Common Stock Value Per Share on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Credit Agreement (Lpath, Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any this Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, this Warrant would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the Current Market Price same fraction of the Fair Value per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Note Purchase Agreement (Scolr Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of o: any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Artra Group Inc
Fractional Shares. The Company Corporation shall not be required to issue a transfer any fractional share share(s) of Common Stock upon exercise of any Warrantthe Option. As to any fraction fractional share(s) of a share Common Stock which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would Optionee shall otherwise be entitled to purchase upon such exercise, the Company Corporation shall pay a cash adjustment in respect of such fractional share(s) in an amount in cash equal to the Current Market Price per share same fraction of Common Stock on the date of exercise multiplied Exercise Price, which shall be determined in good faith by such fractionthe Corporation.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Alternate Marketing Networks Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any this Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, a Warrant would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Registration Rights Agreement (Essential Reality Inc)
Fractional Shares. The Company shall not be required to issue a fractional share fractions of shares of Common Stock of the Company upon the exercise of any a Warrant. As to If any fraction of a share which Share would be issuable upon the Holder exercise of one any Warrant (or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercisespecified portions thereof), the Company shall pay purchase such fraction for an amount in cash equal to the Current same fraction of the Fair Market Price per share Value of such Share of Common Stock on the date of exercise multiplied by of such fractionWarrant.
Appears in 1 contract
Samples: Warrant Agreement (Forum Energy Technologies, Inc.)
Fractional Shares. The Company shall not be required to issue a ----------------- fractional share of Common Stock upon exercise of any WarrantWarrants. As to any fraction of a share which the a Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Warrant Agreement (RBX Corp)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any this Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: America Service Group Inc /De
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current same fraction of the Market Price per share of Common Stock on the date of relevant exercise multiplied by such fractiondate. 2.4.
Appears in 1 contract
Samples: Lmki Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon the exercise of any this Warrant. As If the Holder would otherwise be entitled to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company number of shares issuable on such exercise shall pay an amount in cash equal be rounded down to the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionnearest whole number.
Appears in 1 contract
Samples: Registration Rights Agreement (Magnum Hunter Resources Corp)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall may pay an amount in cash equal to the Current Market Price per share of Common Stock on the date of exercise multiplied by such fraction.
Appears in 1 contract
Samples: Somanta Pharmaceuticals Inc.
Fractional Shares. The Company shall not be required to issue a fractional share of Class B Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall may pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Class B Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Firearms Training Systems Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in cash equal to the Current Market Price price per share of Common Stock on the date of exercise multiplied by such fraction.
Appears in 1 contract
Samples: Feinberg Larry N
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionWarrant Price.
Appears in 1 contract
Samples: Innovative Gaming Corp of America
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any this Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase receive upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Turbochef Technologies Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current same fraction of the Market Price per share of Common Stock on as of the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Common Stock Purchase (Hidenet Secure Architectures Inc)
Fractional Shares. The Company shall not be required to issue a fractional share fractions of shares of Common Stock upon the exercise of any WarrantWarrants or to distribute certificates which evidence fractional shares of Common Stock. As to any fraction In lieu of a share which the Holder fractional shares of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exerciseCommon Stock, the Company shall pay to the then holder of this Warrant Certificate (as of the Date of Exercise) an amount in cash equal to the Current same fraction of the Market Price per share Value of the shares of Common Stock on the date calculated with respect to such Date of exercise multiplied by such fractionExercise.
Appears in 1 contract
Samples: Loan Agreement (Emerging Vision Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the Current same fraction of the Market Price per share of Common Stock on the date of exercise multiplied by such fractionStock.
Appears in 1 contract
Samples: Dynamicweb Enterprises Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Warrant Stock upon exercise of any the Warrant. As to any fraction of a share which that the Holder of one or more Warrantsthe Warrant, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay to the Holder an amount in cash equal to such fraction multiplied by the Current Fair Market Price per Value of one share of Common Stock on the date of exercise multiplied by such fractionExercise Date.
Appears in 1 contract
Samples: Credit Agreement (Cadiz Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any this Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such fraction in an amount in cash equal to the Current same fraction of the current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: America Service Group Inc /De
Fractional Shares. The Company shall not be required to issue a fractional share deliver fractions of shares of Common Stock upon exercise of any Warrant. As to If any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Common Stock would otherwise be entitled to purchase deliverable upon such exerciseexercise of a Warrant, the Company shall pay may, in lieu of delivering such fraction of a share of Common Stock, make a cash payment to the affected Holder in an amount in cash equal to the Current proportionate amount of the Fair Market Price per share Value Per Share as of Common Stock on the Business Day immediately preceding the date of exercise multiplied by of such fractionWarrant.
Appears in 1 contract
Fractional Shares. The Company shall not be required to issue a fractional share of Common Warrant Stock upon exercise of any the Warrant. As to any fraction of a share which that the Holder of one or more Warrantsthe Warrant, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay to such Holder an amount in cash equal to such fraction multiplied by the Current Fair Market Price per Value of one share of Common Stock on the date of exercise multiplied by such fractionExercise Date.
Appears in 1 contract
Samples: Credit Agreement (Cadiz Inc)
Fractional Shares. The Company shall not be required to issue a fractional share deliver fractions of shares of Common Stock upon exercise of any this Warrant. As to If any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Common Stock would otherwise be entitled to purchase deliverable upon such exercisean exercise of this Warrant, the Company shall pay shall, in lieu of delivering such fraction of a share of Common Stock, make a cash payment to the Holder in an amount in cash equal to the Current same fraction of the Fair Market Price per share Value Per Share determined as of Common Stock on the Business Day immediately preceding the date of exercise multiplied by such fractionof this Warrant.
Appears in 1 contract
Samples: Bell Sports Corp
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which that the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay to such Holder an amount in cash (by delivery of a certified or official bank check or by wire transfer of immediately available funds) equal to the Current product of (i) such fraction multiplied by (ii) the Fair Market Price per Value of one share of Common Stock on the date of exercise multiplied by such fractionExercise Date.
Appears in 1 contract
Fractional Shares. The Company shall not be required to issue a fractional share of Class A Common Stock upon exercise of any WarrantCertificate. As to any fraction of a share which the Holder of one or more WarrantsCertificates, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall combine all fractions into whole numbers and pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on for the twenty consecutive Trading Days immediately preceding the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Contingent Appreciation Certificate Agreement (Crown Media Holdings Inc)
Fractional Shares. The Company shall not be required to issue a fractional share of Class B Common Stock upon exercise of any WarrantWarrants. As to any fraction of a share which the a Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company number of shares that such Holder shall pay an be entitled to purchase shall reflect such fractional amount in cash equal rounded downward to the Current Market Price per nearest whole share of Common Stock on the date of exercise multiplied by such fractionamount.
Appears in 1 contract
Samples: Warrant Agreement (Anacomp Inc)
Fractional Shares. The Company may, but shall not be required to issue to, deliver fractions of a fractional share of Common Stock Share upon exercise of any this Warrant. As to If any fraction of a share which the Holder Common Share would be deliverable upon an exercise of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercisethis Warrant, the Company shall pay shall, in lieu of delivering such fraction of a Common Share, make a cash payment to the Holder in an amount in cash equal to the Current same fraction of the Fair Market Price per share Value Per Share determined as of Common Stock on the Business Day immediately preceding the date of exercise multiplied by such fractionof this Warrant.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (New Century Transportation, Inc.)
Fractional Shares. The Company Corporation shall not be required to issue a fractional share shares of Common Stock upon exercise of any Warrant. As to any this Warrant but shall pay for such fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay an amount in cash equal to or by certified or official bank check at the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionExercise Price.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (First Harrisburg Bancor Inc)
Fractional Shares. The Company shall not be required to issue a fractional share shares of its Common Stock upon exercise of any Warrant. As to In lieu of any fraction of a share to which the any Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exerciseentitled, the Company shall pay an amount in make a cash payment equal to the product of such fraction multiplied by the Current Market Price per of one share of Common Stock on the date of exercise multiplied by such fractionExercise Date.
Appears in 1 contract
Samples: Exchange and Shareholder Rights Agreement (Fremont General Corp)
Fractional Shares. The Company shall not be required to issue a ----------------- fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, Warrants would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment to Holder in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Matrixone Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any this Warrant. As to any fraction of a share which that the Holder of one or more Warrants, the rights under which are exercised in the same transaction, this Warrant would otherwise be entitled to purchase upon such exercise, the Company shall pay the Holder cash in lieu of such fractional share in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionPrice.
Appears in 1 contract
Samples: Aviall Inc
Fractional Shares. The Company shall not be required to issue a fractional share fractions of shares of Common Stock or other capital stock of the Company upon the exercise of any this Warrant. As to If any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exerciseissuable on the exercise of this Warrant (or specified portions thereof), the Company shall pay purchase such fraction for an amount in cash equal to the same fraction of the Current Market Price per of such share of Common Stock on the date of exercise multiplied by such fractionof this Warrant.
Appears in 1 contract
Samples: Apac Customer Service Inc
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay a cash adjustment in respect of such final fraction in an amount in cash equal to the same fraction of the Current Market Price per share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Artra Group Inc
Fractional Shares. The Company shall not be required to issue a fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock upon exercise would, except for the provisions of any Warrant. As to any fraction the first sentence of a share which the Holder of one or more Warrantsthis Section 8, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase deliverable upon such exercise, the Company Company, in lieu of delivering such fractional share, shall pay to the exercising holder of this Warrant an amount in cash equal to the Current Market Price per Value of such fractional share of Common Stock on the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Fractional Shares. The Company shall not be required to issue a fractional share of Common Stock upon exercise of any Warrant. As to any fraction of a share which that the Holder of one or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercise, the Company shall pay to such Holder an amount in cash equal to the Current Market Price per share of Common Stock on the date of exercise such fraction multiplied by such fractionthe Fair Value.
Appears in 1 contract
Samples: Peapod Inc
Fractional Shares. The Company shall not be required to issue a fractional share fractions of shares of Common Stock upon an exercise of any this Warrant. As to If any fraction of a share which the Holder would, but for this restriction, be issuable upon an exercise of one or more Warrantsthis Warrant, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon lieu of delivering such exercisefractional share, the Company shall pay to Holder, in cash, an amount in cash equal to the Current Market same fraction times the Closing Price per share of Common Stock on the trading day immediately prior to the date of exercise multiplied by such fractionexercise.
Appears in 1 contract
Samples: Firstlink Communications Inc
Fractional Shares. The Company shall not be required to issue a fractional share fractions of shares of Common Stock or other capital stock of the Company upon the exercise of any WarrantWarrants. As to If any fraction of a share which would be issuable upon the Holder exercise of one any Warrant (or more Warrants, the rights under which are exercised in the same transaction, would otherwise be entitled to purchase upon such exercisespecified portions thereof), the Company shall pay purchase such fraction for an amount in cash equal to the same fraction of the Current Market Price per of such share of Common Stock on the date of exercise multiplied by such fractionof the Warrant.
Appears in 1 contract