GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 68,062 fully paid and non- assessable shares of the Company's Series B Preferred Stock ("Preferred Stock") at a purchase price of $1.1754 per share (the "Exercise Price"). The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. If all of the Company's outstanding Preferred Stock is converted into shares of Common Stock in connection with the registration of the Company's Common Stock under the Securities Act of 1933, as amended, or otherwise in accordance with the terms of the Company's Amended and Restated Articles of Incorporation, then this Warrant shall automatically become exercisable for that number of shares of Common Stock equal to the number of shares of Common Stock that would have been received if this Warrant had been exercised in full and the shares of Preferred Stock received thereupon had been simultaneously converted into Common Stock immediately prior to such event, and the Exercise Price shall be automatically adjusted to equal the amount obtained by dividing (i) the aggregate Exercise Price of the shares of Preferred Stock for which this Warrant was exercisable immediately prior to such conversion, by (ii) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion. The shares of Preferred Stock or Common Stock subject to this Warrant, as the case may be, are sometimes referred to herein as "Warrant Stock".
Appears in 1 contract
Samples: Warrant Agreement (Oni Systems Corp)
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 68,062 that number of fully paid and non- non-assessable shares of the Company's Series B C Preferred Stock ("Preferred Stock") at a purchase equal to $2,500,000 multiplied by 10%, the product of which is divided by the exercise price of $1.1754 per share (the "Exercise Price"). The Exercise Price shall be equal to the lesser of (a) the numeric average of the price per share of the Company's Series C Preferred Stock and the Company's Series D Preferred Stock or (b) $0.90 per share (split adjusted if applicable). The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. If all of the Company's outstanding Preferred Stock is converted into shares of Common Stock in connection with the a registration of the Company's Common Stock stock under the Securities Act of 1933, as amended, or otherwise in accordance with the terms of the Company's Amended and Restated Articles of Incorporation1933 Act, then this Warrant shall automatically become exercisable for that number of shares of Common Stock equal to the number of shares of Common Stock that would have been received if this Warrant had been exercised in full and the shares of Preferred Stock received thereupon had been simultaneously converted into shares of Common Stock immediately prior to such event, and the Exercise Price shall be automatically adjusted to equal the amount obtained by dividing (i) the aggregate Exercise Price of the shares of Preferred Stock for which this Warrant was exercisable immediately prior to such conversion, by (ii) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion. The shares of Preferred Stock or Common Stock subject to this Warrant, as the case may be, are sometimes referred to herein as "Warrant Stock".
Appears in 1 contract
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 68,062 21,429 fully paid and non- assessable shares of the Company's Series B A Convertible Preferred Stock ("Preferred Stock") at a purchase price of $1.1754 1.05 per share (the "Exercise Price"). The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. If all of the Company's outstanding Preferred Stock is converted into shares of Common Stock in connection with the a registration of the Company's Common Stock under the Securities Act of 1933, as amended, or otherwise in accordance with the terms of the Company's Amended and Restated Articles of Incorporation1933 Act, then this Warrant shall automatically become exercisable for that number of shares of Common Stock equal to the number of shares of Common Stock that would have been received if this Warrant had been exercised in full and the shares of Preferred Stock received thereupon had been simultaneously converted into shares of Common Stock immediately prior to such event, and the Exercise Price shall be automatically adjusted to equal the amount obtained by dividing (i) the aggregate Exercise Price of the shares of Preferred Stock for this which this Warrant was exercisable immediately prior to such conversion, by (ii) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion. The shares of Preferred Stock or Common Stock subject to this Warrant, as the case may be, are sometimes referred to herein as "Warrant Stock".
Appears in 1 contract
Samples: Warrant Agreement (Commerx Inc)
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 68,062 89,337 fully paid and non- non-assessable shares of the Company's Series B Preferred Stock ("Preferred Stock") at a purchase price of $1.1754 per share (the "Exercise Price"). The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. If all of the Company's outstanding Preferred Stock is converted into shares of Common Stock in connection with the registration of the Company's Common Stock under the Securities Act of 1933, as amended, or otherwise in accordance with the terms of the Company's Amended and Restated Articles of Incorporation, then this Warrant shall automatically become exercisable for that number of shares of Common Stock equal to the number of shares of Common Stock that would have been received if this Warrant had been exercised in full and the shares of Preferred Stock received thereupon had been simultaneously converted into in Common Stock immediately prior to such eventeven, and the Exercise Price shall be automatically adjusted to equal the amount obtained by dividing (i) the aggregate aggregated Exercise Price of the shares of Preferred Stock for which this Warrant was exercisable immediately prior to such conversion, by (ii) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion. The shares of Preferred Stock or Common Stock subject to this Warrant, as the case may be, are sometimes referred to herein as "Warrant Stock".
Appears in 1 contract
Samples: Warrant Agreement (Oni Systems Corp)
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 68,062 23,351 fully paid and non- non-assessable shares of the Company's Series B A Preferred Stock ("Preferred Stock") at a purchase price of $1.1754 2.00 per share (the "Exercise Price"). The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. If all of the Company's outstanding Preferred Stock is converted into shares of Common Stock in connection with the a registration of the Company's Common Stock under the Securities Act of 1933, as amended, or otherwise in accordance with the terms of the Company's Amended and Restated Articles of Incorporation, then this Warrant shall automatically become exercisable for that number of shares of Common Stock equal to the number of shares of Common Stock that would have been received if this Warrant had been exercised in full and the shares of Preferred Stock received thereupon had been simultaneously converted into shares of Common Stock immediately prior to such event, and the Exercise Price shall automatically be automatically adjusted to equal the amount obtained by dividing (i) the aggregate Exercise Price of the shares of Preferred Stock for which this Warrant was exercisable immediately prior to such conversion, by (ii) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion. The shares of Preferred Stock or Common Stock subject to this Warrant, as the case may be, are sometimes referred to herein as "Warrant Stock".
Appears in 1 contract
Samples: Warrant Agreement (Discovery Partners International Inc)
GRANT OF THE RIGHT TO PURCHASE PREFERRED STOCK. The Company hereby grants to the Warrantholder, and the Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe to and purchase, from the Company, 68,062 9,700 fully paid and non- non-assessable shares of the Company's Series B A Preferred Stock ("Preferred Stock") at a purchase price of $1.1754 2.00 per share (the "Exercise Price"). The number and purchase price of such shares are subject to adjustment as provided in Section 8 hereof. If all of the Company's outstanding Preferred Stock is converted into shares of Common Stock in connection with the a registration of the Company's Common Stock under the Securities Act of 1933, as amended, or otherwise in accordance with the terms of the Company's Amended and Restated Articles of Incorporation, then this Warrant shall automatically become exercisable for that number of shares of Common Stock equal to the number of shares of Common Stock that would have been received if this Warrant had been exercised in full and the shares of Preferred Stock received thereupon had been simultaneously converted into shares of Common Stock immediately prior to such event, and the Exercise Price shall automatically be automatically adjusted to equal the amount obtained by dividing (i) the aggregate Exercise Price of the shares of Preferred Stock for which this Warrant was exercisable immediately prior to such conversion, by (ii) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion. The shares of Preferred Stock or Common Stock subject to this Warrant, as the case may be, are sometimes referred to herein as "Warrant Stock".
Appears in 1 contract
Samples: Warrant Agreement (Discovery Partners International Inc)