Intent to Exercise Sample Clauses

Intent to Exercise. Capstone intends to exercise the Series A Warrant, in accordance with the terms and conditions of the Series A Warrant, at a rate of no less than 1,461,988 shares of Common Stock (the “Minimum Amount”) per month over the 36 month life of the Series A Warrant (the “Minimum Rate”) until the Series A Warrant has been fully exercised, with the first exercise being no later than November 15, 2014 (the “Initial Exercise Date”) and the remaining exercises on the 15th day of each month thereafter unless the 15th of any given month is not a business day, in which case the particular exercise shall be on the next business day after the 15th of such month (each, a “Periodic Exercise Date”). The foregoing notwithstanding, nothing contained herein shall prevent Capstone from exercising the Series A Warrant to purchase more than the Minimum Amount in any given month. To the degree that Capstone exercises the Series A Warrant to purchase more than the Minimum Amount in any given month, all Common Stock so purchased shall be accounted for in calculating whether in subsequent months Capstone has maintained the Minimum Rate. By way of example, if Capstone exercised the Series A Warrant to acquire 2,923,976 shares of Common Stock (2 times the Minimum Amount) by the Initial Exercise Date, then even if Capstone did not make an additional purchase by the next Periodic Exercise Date (i.e., during Month 2) Capstone would still be deemed to have maintained the Minimum Rate because as of the close of Month 2 it would have acquired Common Stock at a rate equal to the Minimum Amount per month for each of the first 2 months of the life of the Series A Warrant. Likewise, in the foregoing example, Capstone would be required to exercise the Series A Warrant to purchase no less than the Minimum Amount by the Month 3 Periodic Exercise Date in order to maintain the Minimum Rate as of the Month 3 Periodic Exercise Date.
Sample 1
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Related to Intent to Exercise

  • Right to Exercise This Option is exercisable during its term in accordance with the Vesting Schedule set out in the Notice of Grant and the applicable provisions of the Plan and this Option Agreement.

  • Election to Exercise To exercise the Option, the Participant (or in the case of exercise after the Participant’s death or incapacity, the Participant’s executor, administrator, heir or legatee, as the case may be) must deliver to the Company a notice of intent to exercise in the manner designated by the Committee. If someone other than the Participant exercises the Option, then such person must submit documentation reasonably acceptable to the Company verifying that such person has the legal right to exercise the Option.

  • Obligation to Exercise The Optionee shall have no obligation to exercise any option granted by this Agreement.

  • Right to Exercise; Exercise Price The Holder shall have the right to exercise this Warrant at any time and from time to time during the period beginning on the Issue Date and ending on the Expiration Date as to all or any part of the shares of Common Stock covered hereby (the “Warrant Shares”). The “Exercise Price” for each Warrant Share purchased by the Holder upon the exercise of this Warrant shall be $2.50, subject to adjustment for the events specified in Section 6 below.

  • Right to Exercise Option 3.1 The right to exercise the Option shall terminate forthwith upon the Employee ceasing to be an employee of a Group Company except in the following cases:

  • Failure to Exercise In the event that the Rights Holders fail to exercise in full the right of first refusal within such ten (10) plus five (5) day period, then the Company shall have 120 days thereafter to sell the New Securities with respect to which the Rights Holders' rights of first refusal hereunder were not exercised, at a price and upon general terms not materially more favorable to the purchasers thereof than specified in the Company's Notice to the Rights Holders. In the event that the Company has not issued and sold the New Securities within such 120-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Rights Holders pursuant to this Section 3.

  • Failure to Exercise Option To the extent that following termination of employment or service, the Option is not exercised within the applicable periods described above, all further rights to purchase shares pursuant to the Option shall cease and terminate.

  • FORM OF ELECTION TO EXERCISE (To be exercised by the registered holder if such holder desires to exercise the Rights Certificate.) TO: The undersigned hereby irrevocably elects to exercise whole Rights represented by the attached Rights Certificate to purchase the Common Shares or other securities, if applicable, issuable upon the exercise of such Rights and requests that certificates for such securities be issued in the name of: (Name) (Address) (City and Province) Social Insurance Number or other taxpayer identification number. If such number of Rights shall not be all the Rights evidenced by this Rights Certificate, a new Rights Certificate for the balance of such Rights shall be registered in the name of and delivered to: (Name) (Address) (City and Province) Social Insurance Number or other taxpayer identification number. Dated: Signature Signature Guaranteed: (Signature must correspond to name as written upon the face of this Rights Certificate in every particular, without alteration or enlargement or any change whatsoever.) Signature must be guaranteed by a member firm of a recognized stock exchange in Canada, or a commercial bank or trust company having an office or correspondent in Canada. CERTIFICATE (To be completed if true) The undersigned party exercising Rights hereunder, hereby represents, for the benefit of all holders of Rights and Common Shares, that the Rights evidenced by this Rights Certificate are not, and, to the knowledge of the undersigned, have never been, Beneficially Owned by an Acquiring Person or an Affiliate or Associate thereof or a Person acting jointly or in concert with an Acquiring Person or an Affiliate or Associate thereof. Capitalized terms shall have the meaning ascribed thereto in the Shareholder Plan Agreement. Signature (To be attached to each Rights Certificate.)

  • No Obligation to Exercise Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall obligate any Stockholder to exercise any option or any other right to acquire any shares of Company Common Stock.

  • Rights Prior to Exercise Participant will have no rights as a shareholder with respect to the Shares except to the extent that Participant has exercised the Option and has been issued and received delivery of a certificate or certificates evidencing the Shares so purchased.

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