Issuance of the Warrants. The Company agrees that on the Closing Date (as defined in the Underwriting Agreement), the Company shall issue to the Underwriter the Warrants entitling the Underwriter to purchase, on the terms and conditions hereinafter set forth, the number of Shares equal to 10% of the total Units sold in the Offering, subject to adjustment as set forth in Section 9 hereof. Each Warrant will entitle the Warrantholder to purchase one share of the Company’s common stock, at the Warrant Price (as defined in Section 7 hereof). The Warrants being sold and issued pursuant to this Agreement shall be evidenced by a Warrant Certificate substantially in the form of Exhibit A hereto (the “Warrant Certificate”).
Issuance of the Warrants. As an inducement to Investor to enter into this Agreement and as consideration for the Investor making the investment the Investor shall receive 100% Warrant coverage. The Warrants shall have a 5 year term and the exercise price shall be equal to (a) the lesser of $7.70 or (b) 110% of the lowest daily VWAP for the Common Stock as reported by Bloomberg during the thirty (30) trading days prior to the date the Investor exercises the Warrant. The Warrants shall have a cashless exercise provision. No additional consideration shall be payable by the Purchaser for the issuance of the Warrants. The parties acknowledge that the Warrants are part of the investment structure and are not a fee paid for services.
Issuance of the Warrants. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue to the Buyer, at any closing Warrants to purchase common shares of the Company at $0.06 (six cents) per share. The amount of the warrants shall equal 200% (two hundred percent) of the principal of the issued Note and warrants shall be exercisable for a period of three (3) years from the respective closing date and shall be in such form as attached hereto as Exhibit B.
Issuance of the Warrants. (a) The Investor shall receive 100% Warrant coverage. The Warrants shall have a 5 year term and the exercise price shall be equal to the lesser of (a) $.82 or (b) 110% of the lowest daily VWAP for the Common Stock as reported by Bloomberg during the thirty (30) trading days prior to the date the Investor exercises the Warrant. The Warrants shall have a cashless exercise provision. No additional consideration shall be payable by the Purchaser for the issuance of the Warrants.
Issuance of the Warrants. No later than five (5) Business Days after the Closing, the Company shall issue and deliver to each Investor the Warrant purchased by such Investor hereunder, registered in such name as the Investor may designate.
Issuance of the Warrants. 2.4.1. Warrants in the aggregate number equal to twenty per cent (20%) of the Principal Amount of each Tranche divided by the applicable Warrant Exercise Price (the resulting number of Warrants being rounded down to the nearest whole number) shall be attached to the Notes of each Tranche and shall be issued simultaneously with each Tranche.
2.4.2. Upon issuance, the Warrants will be detached from the Notes.
2.4.3. The Warrants shall be only and exclusively issued in a paper form and shall be registered in a special register held by the Issuer for their entire duration.
Issuance of the Warrants. In consideration of the premises and other good and valuable consideration, the Company hereby agrees to issue on the date hereof to each Initial Holder Warrants to purchase that number of shares of Class A Common Stock (as such number may be adjusted as provided in the Warrants) as is set forth on Schedule A hereto for each such Initial Holder.
Issuance of the Warrants. In consideration of the premises and other good and valuable consideration, the Company hereby agrees to issue to the Initial Holder, on the date hereof, one or more Warrants to purchase an aggregate of 181,462 shares of Common Stock.
Issuance of the Warrants. On the terms and subject to the conditions of this Agreement and in accordance with the terms of the Plan, as of the Effective Date, (i) Warrants to purchase an aggregate of 10,000,000 Warrant Shares will be issued by the Company to the Rights Offering Participants, allocated amongst the Rights Offering Participants based on such Rights Offering Participant’s final allocation of Warrants determined pursuant to the Rights Offering Procedures, rounded up or down to the nearest whole number of underlying Warrant Shares such that no Rights Offering Participant shall receive a Warrant that includes a fraction of a Warrant Share, and (ii) Warrants to purchase an aggregate of 500,000 Warrant Shares will be issued by the Company to the Backstop Parties in accordance with the Backstop Rights Purchase Agreement, such that the Company shall issue to the Initial Holders Warrants entitling the Holders to collectively purchase, in the aggregate, up to 10,500,000 Warrant Shares, as such amounts may be adjusted from time to time pursuant to this Agreement. On such date, the Company will deliver, or cause to be delivered to the Depositary, one or more global Warrant Certificates evidencing a portion of the Warrants. The remainder of the Warrants shall be issued by book-entry registration on the books of the Warrant Agent (“Book-Entry Warrants”) and shall be evidenced by statements issued by the Warrant Agent from time to time to the Registered Holders of Book-Entry Warrants reflecting such book-entry position (the “Warrant Statements”).
