Grant of Warrants. Subject to the terms, restrictions, limitations and conditions stated in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Company hereby grants to Initial Holder the number of Warrants set forth beside his name on Exhibit A. Each Warrant initially shall be exercisable for one fully paid and nonassessable share of common stock, par value $.01 per share, of the Company ("Share"), subject to adjustment as provided in Section 11 of this Agreement. The Initial Holders and all subsequent registered holders of the Warrants (each, a "Holder" and, collectively, the "Holders") shall have the rights and obligations set forth in this Agreement.
Grant of Warrants. Simultaneously herewith, ACI hereby grants to IBM warrants (the “Warrants”) to purchase (a) 1,427,035 shares of ACI Common Stock at a price of $27.50 per share and (b) 1,427,035 shares of ACI Common Stock at a price of $33.00 per share. The terms and conditions of the Warrants are set forth in the Warrant Agreements executed simultaneously with this Agreement.
Grant of Warrants. On the date of this Agreement, the Company shall grant to the Purchaser, and the Purchaser shall accept from the Company, the Warrant.
Grant of Warrants. Subject to the terms, restrictions, limitations and conditions stated in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Company hereby grants to Initial Holder the number of Warrants set forth on the signature page hereof and beside his/her name on Exhibit A. Subject to adjustment as provided in Section 11 of this Agreement, each Warrant initially shall be exercisable for one fully paid and nonassessable share of common stock, par value $.01 per share, of the Company (“Share”), which Warrants shall have been registered by the Company pursuant to the certain Registration Statement on Form SB-2, which became effective on , 2007 (the “Registration Statement”). The Initial Holders and all subsequent registered holders of the Warrants (each, a “Holder” and, collectively, the “Holders”) shall have the rights and obligations set forth in this Agreement.
Grant of Warrants. The Company hereby grants to Consultant, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Warrants to purchase a number of shares of Common Stock equal to the Exercise Quantity, as may be adjusted from time to time as set forth herein, which Warrants shall be evidenced in substantially the form attached as Exhibit A. Consultant and any subsequent Holder of the Warrants and of Warrant Securities shall have the rights and obligations provided for in the Warrants and in this Agreement.
Grant of Warrants. The Company hereby grants to Investor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Warrants to purchase a number of shares of Common Stock equal to the Exercise Quantity, as may be adjusted from time to time as set forth herein, which Warrants shall be evidenced in substantially the form attached as Exhibit A. Investor and any subsequent Holder of the Warrants and of Warrant Securities shall have the rights and obligations provided for in the Warrants and in this Agreement.
Grant of Warrants. Each Warrantholder is hereby granted the right to purchase the Warrant Shares, at any time on or after the appropriate Exercise Time and before the Expiration Date, at the Exercise Price, subject to the terms and conditions of this Agreement.
Grant of Warrants. Company hereby grants to Purchaser warrants (including all Block A Warrants and all Block B Warrants, each a "Warrant"; collectively, the "Warrants") to purchase up to an aggregate of 838,779 shares of Common Stock (as such number may be adjusted from time to time as provided herein). 559,186 Warrants shall be designated as Block A Warrants and shall have a Block A Exercise Price, which Block A Exercise Price is set forth in Section 1.2. 279,593 Warrants shall be designated as Block B Warrants and shall have a Block B Exercise Price, which Block B Exercise Price is set forth in Section 1.2. Each Warrant is exercisable immediately.
Grant of Warrants. Subject to the closing of the AOL Investment (as ----------------- defined below), eMachines hereby grants to AOL warrants (the "Warrants") representing the right for a five-year period to purchase such shares of eMachines common stock equal to the value of Twelve Million Five Hundred Thousand dollars (US$12,500,000) divided by the eMachines' Stock Price, defined below. eMachines Stock Price shall equal (X) a number equal to the price per share of eMachines' common stock during an initial public offering of its common stock (an "IPO"), multiplied by a factor of 1.25, provided that the eMachines Stock Price shall be no less than a number equal to the initial issuance price per share of the Series A Preferred Stock of eMachines multiplied by a factor of 1.25, or (Y) in any other scenario besides an IPO, a number equal to the price per share of eMachines' common stock based on a One Billion Two Hundred Fifty Million dollar (US$1,250,000,000) valuation of eMachines on a post-money number of shares basis. If eMachines does not satisfy the requirements of the AOL Investment Review by July 15, 1999, pursuant to Section 12.5 of this Agreement, then AOL will receive twenty five percent (25%) warrant coverage in the Series A Financing as long as AOL elects to invest no less than Thirty Million dollars (US$30,000,000). If eMachines requests AOL in writing to invest less than Fifty Million Dollars (US$50,000,000) in the Series A Financing or does not permit AOL to invest prior to December 31, 1999, eMachines shall issue the full Warrant regardless of the size of AOL's investment so long as AOL invests the amount requested by eMachines in a timely manner, provided that, in the event that eMachines does not satisfy the requirements of the AOL Investment Review and the requested investment by AOL is on terms less favorable than those proposed in the PPM, then AOL shall receive the full warrants whether or not it invests.
Grant of Warrants. The Company hereby grants to the Investor (i) the 18-Month Warrant, providing for the purchase of up to 167,000 shares of Common Stock at $5.35 per share at any time prior to February 1, 2004 third anniversary of the date of this Warrant Agreement, representing on the date of this Agreement approximately 2.28 percent of the outstanding Common Stock after exercise of the Warrant and issuance of the Common Stock as provided in the Purchase Agreement, and assuming issuance of all shares of Common Stock pursuant to any options, warrants, convertible securities, subscription rights or otherwise which are in existence or outstanding as of the date of this Agreement plus shares of Common Stock issuable upon the issuance and exercise of all unissued stock options available for grant under the Company's Stock Option Plan, but not the exercise of the Three-Year Warrant; and (ii) the Three-Year Warrant, providing for the purchase of up to 700,000 shares of Common Stock at $7.29 per share at any time prior to August 1, 2005 (the "Expiration Date"), representing on the date of this Agreement approximately 7.87 percent of the outstanding Common Stock after exercise of the Warrant and issuance of the Common Stock as provided in the Purchase Agreement, and assuming issuance of all shares of Common Stock pursuant to any options, warrants, convertible securities, subscription rights or otherwise which are in existence or outstanding as of the date of this Agreement plus shares of Common Stock issuable upon the issuance and exercise of all unissued stock options available for grant under the Company's Stock Option Plan, but not the exercise of the 18-Month Warrant. The shares of Common Stock deliverable to the Investor upon exercise of the Warrants are sometimes collectively referred to as the "Warrant Shares". The last day for exercise of each of the respective warrants is referred to xxxxx as the "Expiration Date."
