Issuance of Warrant Shares. Upon the surrender of Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise), as set forth in Section 3.5 hereof, the Company shall within three Business Days issue and cause the transfer agent for the Common Stock (“Transfer Agent”) to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise).
Appears in 4 contracts
Samples: Loan Agreement (Dyax Corp), Loan Agreement (Dyax Corp), Loan Agreement (Dyax Corp)
Issuance of Warrant Shares. Upon Subject to Section 2.5, upon the surrender of Warrant Certificates and payment of the per share Exercise Price (either in cash or by pursuant to a Cashless Exercise), as set forth in Section 3.5 hereof3.4, the Company shall within three Business Days issue and cause the cause, if appointed, a transfer agent for the Common Stock (“"Transfer Agent”") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof 3.6 in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price (either in cash or by pursuant to a Cashless Exercise), as set forth in Section 3.4.
Appears in 2 contracts
Samples: Senior Subordinated Note Purchase Agreement (Smith & Wollensky Restaurant Group Inc), Senior Subordinated Note Purchase Agreement (New York Restaurant Group Inc)
Issuance of Warrant Shares. Upon Subject to Section 2.6, upon the surrender of Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise)Price, as set forth in Section 3.5 hereof3.4, the Company shall within three Business Days issue and (and, if applicable, cause the any transfer agent for the Common Stock (“the "Transfer Agent”") to countersign countersign) and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Credit Warrants or other securities or property to which it is entitled, registered or otherwise to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof 3.6 in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price (either as set forth in cash or by Cashless Exercise)Section 3.4.
Appears in 2 contracts
Samples: Warrant Agreement (Infogrames Entertainment Sa), Warrant Agreement (Infogrames Inc)
Issuance of Warrant Shares. Upon Subject to Section 3.6, upon -------------------------- the surrender of Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise)Price, as set forth in Section 3.5 hereof3.4, the Company shall within three Business Days issue and cause the Warrant Agent or, if appointed, a transfer agent for the Common Stock (“"Transfer Agent”") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof 3.6 in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise)Price.
Appears in 2 contracts
Samples: Warrant Agreement (Golden State Bancorp Inc), Warrant Agreement (Golden State Bancorp Inc)
Issuance of Warrant Shares. Upon Subject to Section 2.5, upon the surrender of Warrant Certificates and payment of the per share Exercise Price (either in cash or by pursuant to a Cashless Exercise), as set forth in Section 3.5 hereof3.4, the Company shall within three Business Days issue and cause the cause, if appointed, a transfer agent for the Common Stock (“Transfer Agent”"TRANSFER AGENT") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof 3.6 in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price (either in cash or by pursuant to a Cashless Exercise), as set forth in Section 3.4.
Appears in 2 contracts
Samples: Senior Subordinated Note Purchase Agreement (Smith & Wollensky Restaurant Group Inc), Senior Subordinated Note Purchase Agreement (New York Restaurant Group Inc)
Issuance of Warrant Shares. Upon Subject to Section 2.05, upon the surrender of Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise)Price, as set forth in Section 3.5 hereof3.04, the Company shall within three Business Days issue and cause the any transfer agent appointed for the Common Stock (“the "Stock Transfer Agent”") to countersign countersign, if necessary, and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof 3.06 in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise)Price.
Appears in 1 contract
Samples: Warrant Agreement (Americredit Corp)
Issuance of Warrant Shares. Upon Subject to Section 2.07, upon the surrender of Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise)Price, as set forth in Section 3.5 hereof3.04, the Company IWCL shall within three Business Days issue and cause the The Bank of New York, as transfer agent for the Class A Common Stock or any successor thereto (“"Transfer Agent”") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, designate a certificate or certificates for the number of full whole Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise otherwise, to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof 3.06 in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise).
Appears in 1 contract
Samples: Warrant Agreement (Iridium LLC)
Issuance of Warrant Shares. Upon the surrender of --------------------------- Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise), as set forth in Section 3.5 hereof3.04, the Company shall within three Business Days issue and cause the Warrant Agent or, if appointed, a transfer agent for the Debt Securities, Preferred Stock or Common Stock (“"Securities Transfer Agent”") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise otherwise, to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof 3.06 in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise)Price.
Appears in 1 contract
Samples: Warrant Agreement (Chirex Inc)
Issuance of Warrant Shares. Upon the surrender of Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise)Price, as set forth in Section 3.5 hereof3.04, the Company shall within three Business Days issue and or, if appointed, cause the a transfer agent for the Common Stock Warrant Shares (“the "Transfer Agent”") to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise)Price.
Appears in 1 contract
Issuance of Warrant Shares. Upon the surrender of Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise), as set forth in Section 3.5 hereof, the Company shall within three Business Trading Days issue and cause the transfer agent for the Common Stock (“Transfer Agent”) to countersign and deliver to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants or other securities or property to which it is entitled, registered or otherwise to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender of such Warrant Certificates and payment of the per share Exercise Price (either in cash or by Cashless Exercise).
Appears in 1 contract
Issuance of Warrant Shares. Upon Subject to Section 3.5, upon the -------------------------- surrender of a Warrant Certificates Certificate and payment of the per share Exercise Price (either in cash or by Cashless Exercise), as set forth in Section 3.5 hereof3.3, the Company shall shall, as promptly as practicable, and in any event within three five (5) Business Days thereafter, issue and or cause the transfer agent for the Common Stock (“Transfer Agent”) there to countersign be issued and deliver or cause to or upon the written order of be delivered to the Holder and in such name or names as the Holder may designate, (i) a certificate or certificates for the number of full Warrant Shares so purchased upon the exercise of such Warrants Warrant Certificate or (ii) such other securities or property to which it the Holder is entitled, registered or otherwise to the Person or Persons entitled to receive the same, together with cash as provided in Section 3.7 hereof 3.5 in respect of any fractional Warrant Shares otherwise issuable upon such exercise. Such certificate or certificates shall be deemed to have been issued and any Person so designated to be named therein shall be deemed to have become a holder of record of such Warrant Shares as of the date of the surrender delivery of such the Warrant Certificates Certificate (together with a duly executed Subscription Form) and payment of the per share Exercise Price (either in cash or by Cashless Exercise)Price.
Appears in 1 contract