Issuance of Initial Warrants Sample Clauses

Issuance of Initial Warrants. As additional consideration for the Loan, at the Initial Closing (as defined in Section 2(a) below) the Borrower will issue to each Lender Party a warrant in substantially the form attached hereto as Exhibit B (each a "Warrant" and, collectively, the "Warrants"). The Warrant will entitle each Lender Party to purchase the number of shares of the Borrower's Common Stock set forth opposite such Lender Party's name on Schedule I hereto under the heading "Initial Warrant Shares," at the per share exercise price set forth in the Warrant.
Sample 1
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Issuance of Initial Warrants. Issuance of Initial Warrant --------------------------------------------------------- Certificate. ----------- (a) The Company and the Holder hereby acknowledge that: (i) On June 30, 2001, the Company granted to the Holder an Initial Warrant to purchase 101,694 shares of common stock of the Company, $.01 par value per share (the "Common Stock") at an initial exercise price of $4.00 per share, which such initial exercise price is subject to adjustment as provided herein. (ii) On June 30, 2001, the Company granted to the Holder an Initial Warrant to purchase 30,000 shares of Common Stock of the Company at the initial exercise price of $3.66 per share, which such initial exercise price is subject to adjustment as provided herein. (iii) On July 2, 2001 the Company granted to the Holder an Initial Warrant to purchase 100,000 shares of Common Stock of the Company at the initial exercise price of $4.00 per share, which such initial exercise price is subject to adjustment as provided herein. (iv) On July 2, 2001 the Company granted to the Holder an Initial Warrant to purchase 21,087 shares of Common Stock of the Company at the initial exercise price of $4.00 per share, which such initial exercise price is subject to adjustment as provided herein. (v) On October 12, 2001 the Company granted to the Holder an Initial Warrant to purchase 100,000 shares of Common Stock of the Company at the initial exercise price of $4.00 per share, which such initial exercise price is subject to adjustment as provided herein. (vi) On October 12, 2001 the Company granted to the Holder an Initial Warrant to purchase 100,000 shares of Common Stock of the Company at the initial exercise price of $4.00 per share, which such initial exercise price is subject to adjustment as provided herein. (vii) On October 12, 2001 the Company granted to the Holder an Initial Warrant to purchase 3,666 shares of Common Stock of the Company at the initial exercise price of $4.00 per share, which such initial exercise price is subject to adjustment as provided herein. (b) The Company hereby issues to the Holder Initial Warrant Certificates, substantially in the form set forth in Exhibit A attached hereto representing --------- the Initial Warrants granted to the Holder as provided in Subsections (a)(i) through (a)(vii) above.
Sample 1
Issuance of Initial Warrants. At the Initial Closing, the ---------------------------- Company shall issue to the Purchaser the Initial Warrants representing the right to purchase the Common Warrant Shares and the Initial Preferred Warrant Shares. The Initial Warrants shall be exercisable immediately upon issuance thereof, and the Purchaser may exercise all or any portion of the Initial Warrants at any time and from to time thereafter.
Sample 1
Issuance of Initial Warrants. Upon the execution of this ---------------------------- Agreement by all of the Lenders and the Borrower, the Borrower will issue One Hundred Thousand (100,000) Warrants to the Lenders according to their Pro Rata Shares.
Sample 1
Issuance of Initial Warrants. Upon execution of this Agreement, the Company has agreed to issue to each Guarantor warrants to purchase the Guarantor's pro rata share (as set forth on Exhibit C hereto) of 142,861 shares of Common Stock of the Company (the "Initial Warrants") in substantially the form attached hereto as Exhibit D.
Sample 1

Related to Issuance of Initial Warrants

  • Issuance of Common Shares (a) Upon the expiration of the Vesting Period without forfeiture, the Company shall cause a certificate or certificates to be issued to the Director for the Reelection Grant Shares. Common Shares issued pursuant to this Agreement which have not been registered with the Securities and Exchange Commission, if any, shall bear a legend substantially as follows: (b) The Company shall not be required to transfer or deliver any certificate or certificates for Common Shares under this Agreement: (i) until after compliance with all then applicable requirements of law; and (ii) prior to admission of the Common Shares to listing on any stock exchange on which the Common Shares may then be listed. In no event shall the Company be required to issue fractional shares to the Director or his or her successor.

  • Issuance of Warrants [If Warrants alone —Upon issuance, each Warrant Certificate shall evidence one or more Warrants.] [If Other Securities and Warrants —Warrant Certificates will be issued in connection with the issuance of the Other Securities but shall be separately transferable and each Warrant Certificate shall evidence one or more Warrants.] Each Warrant evidenced thereby shall represent the right, subject to the provisions contained herein and therein, to purchase one Warrant Security. [

  • Issuance of Commitment Shares In consideration for the Investor’s execution and delivery of this Agreement, the Company shall cause to be issued to the Investor a total of 943,396 shares of Common Stock (the “Commitment Shares”) immediately upon the execution of this Agreement and shall deliver to the Transfer Agent the Irrevocable Transfer Agent Instructions with respect to the issuance of such Commitment Shares. For the avoidance of doubt, all of the Commitment Shares shall be fully earned as of the date of this Agreement, whether or not the Commencement shall occur or any Purchase Shares are purchased by the Investor under this Agreement and irrespective of any subsequent termination of this Agreement.

  • Issuance of Ordinary Shares on Exercise As soon as practicable after the exercise of any Warrant and the clearance of the funds in payment of the Warrant Price (if payment is pursuant to subsection 3.3.1(a)), the Company shall issue to the Registered Holder of such Warrant a book-entry position or certificate, as applicable, for the number of Ordinary Shares to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it on the register of members of the Company, and if such Warrant shall not have been exercised in full, a new book-entry position or countersigned Warrant, as applicable, for the number of shares as to which such Warrant shall not have been exercised. Notwithstanding the foregoing, the Company shall not be obligated to deliver any Ordinary Shares pursuant to the exercise of a Warrant and shall have no obligation to settle such Warrant exercise unless a registration statement under the Securities Act with respect to the Ordinary Shares underlying the Public Warrants is then effective and a prospectus relating thereto is current, subject to the Company’s satisfying its obligations under Section 7.4 or a valid exemption from registration is available. No Warrant shall be exercisable and the Company shall not be obligated to issue Ordinary Shares upon exercise of a Warrant unless the Ordinary Shares issuable upon such Warrant exercise have been registered, qualified or deemed to be exempt from registration or qualification under the securities laws of the state of residence of the Registered Holder of the Warrants. Subject to Section 4.6 of this Agreement, a Registered Holder of Warrants may exercise its Warrants only for a whole number of Ordinary Shares. The Company may require holders of Public Warrants to settle the Warrant on a “cashless basis” pursuant to Section 7.4. If, by reason of any exercise of Warrants on a “cashless basis”, the holder of any Warrant would be entitled, upon the exercise of such Warrant, to receive a fractional interest in an Ordinary Share, the Company shall round down to the nearest whole number, the number of Ordinary Shares to be issued to such holder.

  • SALE AND ISSUANCE OF SHARES Subject to the terms and conditions of this Agreement, the Trustees agree to sell to the Purchaser, and the Purchaser agrees to purchase from the Trustees 8,028 common shares of beneficial interest, par value $0.001, representing undivided beneficial interests in the Trust (the "Shares") at a price per Share of $14.325 for an aggregate purchase price of $115,001.

  • Sale and Issuance of Common Stock Subject to the terms ------------------------------------ and conditions of this Agreement, and in reliance upon the representations and warranties and covenants contained herein, the Investor agrees to purchase at the Closing, and the Company agrees to sell and issue to the Investor at the Closing (as defined herein), 1,541,261 shares of the Company's Common Stock, $.001 par value (the "Common Stock") for the aggregate purchase price of $15,412.61.

  • Exclusion of Private Placement Warrants and Working Capital Warrants The Company agrees that the redemption rights provided in this Section 6 shall not apply to the Private Placement Warrants or the Working Capital Warrants if at the time of the redemption such Private Placement Warrants or the Working Capital Warrants continue to be held by the Sponsor or any Permitted Transferees, as applicable. However, once such Private Placement Warrants or Working Capital Warrants are transferred (other than to Permitted Transferees under Section 2.6), the Company may redeem the Private Placement Warrants and the Working Capital Warrants, provided that the criteria for redemption are met, including the opportunity of the holder of such Private Placement Warrants or the Working Capital Warrants to exercise the Private Placement Warrants and the Working Capital Warrants prior to redemption pursuant to Section 6.3. Private Placement Warrants and Working Capital Warrants that are transferred to persons other than Permitted Transferees shall upon such transfer cease to be Private Placement Warrants or Working Capital Warrants and shall become Public Warrants under this Agreement.

  • Valid Issuance of Shares The Shares being purchased by the Shareholders hereunder, when issued, sold and delivered in accordance with the terms of this Agreement for the consideration expressed herein, will be duly and validly issued, fully paid and nonassessable, and will be free of restrictions on transfer other than restrictions on transfer under this Agreement and under applicable law.

  • Issuance of Convertible Securities If the Company in any manner issues or sells any Convertible Securities, whether or not immediately convertible (other than where the same are issuable upon the exercise of Options) and the price per share for which Common Stock is issuable upon such conversion or exchange is less than the Market Price on the date of issuance, then the maximum total number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities will, as of the date of the issuance of such Convertible Securities, be deemed to be outstanding and to have been issued and sold by the Company for such price per share. For the purposes of the preceding sentence, the "price per share for which Common Stock is issuable upon such conversion or exchange" is determined by dividing (i) the total amount, if any, received or receivable by the Company as consideration for the issuance or sale of all such Convertible Securities, plus the minimum aggregate amount of additional consideration, if any, payable to the Company upon the conversion or exchange thereof at the time such Convertible Securities first become convertible or exchangeable, by (ii) the maximum total number of shares of Common Stock issuable upon the conversion or exchange of all such Convertible Securities. No further adjustment to the Exercise Price will be made upon the actual issuance of such Common Stock upon conversion or exchange of such Convertible Securities.

  • Issuance of Conversion Shares The Conversion Shares are duly authorized and reserved for issuance and, upon conversion of the Note in accordance with its terms, will be validly issued, fully paid and non-assessable, and free from all taxes, liens, claims and encumbrances with respect to the issue thereof and shall not be subject to preemptive rights or other similar rights of shareholders of the Company and will not impose personal liability upon the holder thereof.

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