Common use of Grant of the Right to Purchase Warrant Shares Clause in Contracts

Grant of the Right to Purchase Warrant Shares. (a) For value received, the Company hereby grants to Warrantholder, and Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, 406,923 fully paid and non-assessable shares of Class A Common Stock at a per share price equal to the Exercise Price (as defined below). The number and Exercise Price of such shares are subject to adjustment as provided in Section 8. (b) Notwithstanding anything in this Warrant to the contrary, Warrantholder hereby acknowledges and agrees that this Warrant shall not be exercisable by Warrantholder, without the Company first obtaining the approval of its stockholders for the issuance of this Warrant and all other convertible securities of the Company issued pursuant to the Loan Agreement (the “Other Securities”) (i) at a price less than the greater of the book or market value of the Class A Common Stock and (ii) if the issuance of this Warrant and the Other Securities would obligate the Company to issue more that 19.99% of the outstanding common stock of the Company (or securities convertible into such common stock), or the outstanding voting power, as calculated immediately prior to the execution of the Loan Agreement (subject to appropriate adjustments for any stock splits, stock dividends, stock combinations or similar transactions), at a price less than the greater of the book or market value of the Class A Common Stock. (c) As used herein, the following terms shall have the following meanings:

Appears in 1 contract

Samples: Warrant Agreement (Kior Inc)

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Grant of the Right to Purchase Warrant Shares. (a) For value received, the Company hereby grants to Warrantholder, and Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, 406,923 406,954 fully paid and non-assessable shares of Class A Common Stock at a per share price equal to the Exercise Price (as defined below). The number and Exercise Price of such shares are subject to adjustment as provided in Section 8. (b) Notwithstanding anything in this Warrant to the contrary, Warrantholder hereby acknowledges and agrees that this Warrant shall not be exercisable by Warrantholder, without the Company first obtaining the approval of its stockholders for the issuance of this Warrant and all other convertible securities of the Company issued pursuant to the Loan Agreement (the “Other Securities”) (i) at a price less than the greater of the book or market value of the Class A Common Stock and (ii) if the issuance of this Warrant and the Other Securities would obligate the Company to issue more that 19.99% of the outstanding common stock of the Company (or securities convertible into such common stock), or the outstanding voting power, as calculated immediately prior to the execution of the Loan Agreement (subject to appropriate adjustments for any stock splits, stock dividends, stock combinations or similar transactions), at a price less than the greater of the book or market value of the Class A Common Stock. (c) As used herein, the following terms shall have the following meanings:

Appears in 1 contract

Samples: Warrant Agreement (Kior Inc)

Grant of the Right to Purchase Warrant Shares. (a) For value received, the Company hereby grants to Warrantholder, and Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, 406,923 [the quotient of (a) [18% of loan amount extended by LENDER 1] divided by (b) 100% of the volume-weighted average closing market price per share of Class A Common Stock over the 20 consecutive trading days ending on, but excluding, such day] fully paid and non-assessable shares of Class A Common Stock at a per share price equal to the Exercise Price (as defined below). The number and Exercise Price of such shares are subject to adjustment as provided in Section 8. (b) Notwithstanding anything in this Warrant to the contrary, Warrantholder hereby acknowledges and agrees that this Warrant shall not be exercisable by Warrantholder, without the Company first obtaining the approval of its stockholders for the issuance of this Warrant and all other convertible securities of the Company issued pursuant to the Loan Agreement (the “Other Securities”) (i) at a price less than the greater of the book or market value of the Class A Common Stock and (ii) if the issuance of this Warrant and the Other Securities would obligate the Company to issue more that 19.99% of the outstanding common stock of the Company (or securities convertible into such common stock), or the outstanding voting power, as calculated immediately prior to the execution of the Loan Agreement (subject to appropriate adjustments for any stock splits, stock dividends, stock combinations or similar transactions), at a price less than the greater of the book or market value of the Class A Common Stock. (c) As used herein, the following terms shall have the following meanings:

Appears in 1 contract

Samples: Warrant Agreement (Kior Inc)

Grant of the Right to Purchase Warrant Shares. (a) For value received, the Company hereby grants to Warrantholder, and Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, 406,923 580,360 fully paid and non-assessable shares of Class A Common Stock at a per share price equal to the Exercise Price (as defined below). The number and Exercise Price of such shares are subject to adjustment as provided in Section 8. (b) Notwithstanding anything in this Warrant to the contrary, Warrantholder hereby acknowledges and agrees that this Warrant shall not be exercisable by Warrantholder, without the Company first obtaining the approval of its stockholders for the issuance of this Warrant and all other convertible securities of the Company issued pursuant to the Loan Agreement (the “Other Securities”) (i) at a price less than the greater of the book or market value of the Class A Common Stock and (ii) if the issuance of this Warrant and the Other Securities would obligate the Company to issue more that 19.99% of the outstanding common stock of the Company (or securities convertible into such common stock), or the outstanding voting power, as calculated immediately prior to the execution of the Loan Agreement (subject to appropriate adjustments for any stock splits, stock dividends, stock combinations or similar transactions), at a price less than the greater of the book or market value of the Class A Common Stock. (c) As used herein, the following terms shall have the following meanings:

Appears in 1 contract

Samples: Warrant Agreement (Kior Inc)

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Grant of the Right to Purchase Warrant Shares. (a) For value received, the Company hereby grants to Warrantholder, and Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, 406,923 355,751 fully paid and non-assessable shares of Class A Common Stock at a per share price equal to the Exercise Price (as defined below). The number and Exercise Price of such shares are subject to adjustment as provided in Section 8. (b) Notwithstanding anything in this Warrant to the contrary, Warrantholder hereby acknowledges and agrees that this Warrant shall not be exercisable by Warrantholder, without the Company first obtaining the approval of its stockholders for the issuance of this Warrant and all other convertible securities of the Company issued pursuant to the Loan Agreement (the “Other Securities”) (i) at a price less than the greater of the book or market value of the Class A Common Stock and (ii) if the issuance of this Warrant and the Other Securities would obligate the Company to issue more that 19.99% of the outstanding common stock of the Company (or securities convertible into such common stock), or the outstanding voting power, as calculated immediately prior to the execution of the Loan Agreement (subject to appropriate adjustments for any stock splits, stock dividends, stock combinations or similar transactions), at a price less than the greater of the book or market value of the Class A Common Stock. (c) As used herein, the following terms shall have the following meanings:

Appears in 1 contract

Samples: Warrant Agreement (Kior Inc)

Grant of the Right to Purchase Warrant Shares. (a) For value received, the Company hereby grants to Warrantholder, and Warrantholder is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase, from the Company, 406,923 390,009 fully paid and non-assessable shares of Class A Common Stock at a per share price equal to the Exercise Price (as defined below). The number and Exercise Price of such shares are subject to adjustment as provided in Section 8. (b) Notwithstanding anything in this Warrant to the contrary, Warrantholder hereby acknowledges and agrees that this Warrant shall not be exercisable by Warrantholder, without the Company first obtaining the approval of its stockholders for the issuance of this Warrant and all other convertible securities of the Company issued pursuant to the Loan Agreement (the “Other Securities”) (i) at a price less than the greater of the book or market value of the Class A Common Stock and (ii) if the issuance of this Warrant and the Other Securities would obligate the Company to issue more that 19.99% of the outstanding common stock of the Company (or securities convertible into such common stock), or the outstanding voting power, as calculated immediately prior to the execution of the Loan Agreement (subject to appropriate adjustments for any stock splits, stock dividends, stock combinations or similar transactions), at a price less than the greater of the book or market value of the Class A Common Stock. (c) As used herein, the following terms shall have the following meanings:

Appears in 1 contract

Samples: Warrant Agreement (Kior Inc)

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