Means of Exercise. In order to exercise a Warrant, the Registered Holder must present and surrender the Warrant Certificate to the Warrant Agent at its office, with the subscription form on the back of the Warrant Certificate (the “Subscription Form”) duly executed and accompanied by payment in full, in the form of cash, by bank wire transfer in immediately available funds, or by certified check or bank draft payable to the Company or its successor, of the aggregate Warrant Price for the number of shares of Common Stock specified in such Subscription Form.
Means of Exercise. In order to exercise a Warrant, the Holder must present and surrender the Warrant Certificate to the Transfer Agent at its office, with the election to exercise section duly executed and it must be accompanied by payment in full, in the form of cash, by certified or official bank check payable to the order of the Company or its successor, of the aggregate Purchase Price for the number of shares of Common Stock specified in such Election to Exercise Form.
Means of Exercise. Upon exercise of this Warrant, the Holder shall pay the Company an amount equal to the product of (x) the Exercise Price multiplied by (y) the total number of Warrant Shares purchased pursuant to this Warrant, by wire transfer or cashier’s check payable to the order of the Company. The Holder shall be deemed to have become the holder of record of, and shall be treated for all purposes as the record holder of, the Warrant Shares represented thereby (and such Warrant Shares shall be deemed to have been issued) immediately prior to the close of business on the date upon which this Warrant is exercised.
Means of Exercise. The Company and the Remaining Members who exercise any option granted by this Article 5 shall do so by giving written notice ("Exercise Notice") of the exercise of their respective options within the time periods provided in this Paragraph 5.03 as follows: to each of the Members and the Withdrawing Member's Representative in the case of an exercise by the Company; and to each of the other Members, the Company and the Withdrawing Member's Representative in the case of an exercise by one or more of the Remaining Members. Exercise of any option shall be subject to compliance with the requirements of Paragraph 5.03(e).
Means of Exercise. The Company and the Remaining Members who exercise any option granted by this Article IX shall do so by giving written notice (Exercise Notice) of the exercise of their respective options within the time periods provided in this Article IX to the Members and, in the case of an option upon involuntary transfer, to the Withdrawing Member or its Representative.
Means of Exercise. (i) Subject to Section 5.02, Warrants may be exercised upon surrender to the Warrant Agent at its Office of the Warrant Certificates evidencing the Warrants to be exercised, together with the Purchase Form on the reverse thereof duly completed and signed, and upon payment to the Warrant Agent, for the account of the
(ii) Subject to Section 5.02, payment of the aggregate Exercise Price shall be by certified or official bank check or wire transfer payable to the order of the Company, or a combination thereof, at the option of the Holder. Notwithstanding any other provision of this Agreement to the contrary, a Holder may, upon exercise of Warrants, at its election, pay all or part of the Exercise Price applicable to such exercise by delivering shares of Series A Convertible Preferred Stock, par value $0.01 ("Series A Preferred Stock") and such shares of Series A Preferred Stock shall be applied against the Exercise Price of the Warrants at the rate of the Stated Value per share of Series A Preferred Stock plus all accrued and unpaid dividends thereon. Any shares of Series A Preferred Stock so delivered shall be duly endorsed by the Holder or by his duly authorized attorney or representative, or accompanied by proper evidence of succession, assignment or authority to transfer. In all cases of transfer by an attorney, the original power of attorney, duly approved, or a copy thereof, duly certified, shall be deposited and remain with the Warrant Agent. In case of transfer by executors, administrators, guardians or other legal representatives, duly authenticated evidence of their authority shall be produced, and may be required to be deposited and to remain with the Warrant Agent in its discretion. All Warrant Certificates surrendered in the exercise of the rights thereby evidenced shall be canceled by the Warrant Agent and shall thereafter be delivered to the Company.
(iii) Notwithstanding any other provision of this Section 2.02, the Holder of a Warrant may elect to exercise a Warrant without the payment of any cash or Series A Preferred Stock and, if such holder so elects, the Holder shall thereby be entitled to receive a number of shares of Common Stock equal to (A) the excess, if any, of the Current Market Price per share at the date of exercise over the Exercise Price at the time of exercise, (B) multiplied by the number of shares for which the Warrants to be exercised are exercisable (C) divided by the Current Market Price. For purposes hereof, the "Curren...
Means of Exercise. The Equity Participation Option shall be exercised by written notice delivered to COMPANY at its offices at the Facility in Orrington, Maine, either by personal delivery to the Facility on-site plant Manager, or by certified mail, received prior to the expiration of the term of the Equity Participation Option.
Means of Exercise. In order to exercise a Warrant, the Recipient must present and surrender the Warrant Certificate to the Warrant Agent at its office, with the Subscription Form on the back of the Warrant Certificate duly executed and accompanied by payment in full in U.S. Dollars by wire transfer as follows: For the benefit of Registrar and Transfer Company, As Warrant Agent for Various Holders, Account No. 276-053-5977, TD Bank, 0000 Xxxxxx Xxx, Xxxxx Xxxxxx, XX 00000; ABA No. 000-000-000; or by a personal check drawn on a U.S. Bank or a bank check drawn on New Peoples Bank and payable to Warrant Agent for the account of Company in the amount of the aggregate Warrant Price for the number of shares of Stock specified in such Subscription Form.
Means of Exercise. In order to exercise a Warrant, the Registered Holder must present and surrender the Warrant Certificate to the Warrant Agent at its office, with the subscription form on the back of the Warrant Certificate (the “Subscription Form”) duly executed and, unless the Registered Holder has elected to make a cashless exercise pursuant to Section 5.5, accompanied by payment in full, in the form of cash, by bank wire transfer in immediately available funds, or by certified check or bank draft payable to the Company or its successor, of the aggregate Warrant Price for the number of shares of Common Stock specified in such Subscription Form.
Means of Exercise. In order to exercise a Right, the Holder must properly complete and sign his or her Rights Certificate. The Holder must deliver the completed and signed Rights Certificate with full payment of the Exercise Price (including any amounts in respect of the Over-Subscription Privilege) to the Subscription Agent on or prior to the Expiration Date by mail or overnight delivery. In the event the Holder cannot deliver his or her Rights Certificate to the Subscription Agent on or before the time the Offering expires, the Holder may exercise his or her Rights by following the guaranteed delivery procedure (the "Guaranteed Delivery Procedure"). Under the Guaranteed Delivery Procedure, the Holder must: (a) deliver to the Subscription Agent on or prior to the Expiration Date, the Exercise Price payment in full for each share of Stock subscribed for under the Holder's Rights; (b) deliver to the Subscription Agent on or prior to the Expiration Date, the form entitled "Notice of Guaranteed Delivery, in substantially the form annexed hereto as Exhibit B; and (c) deliver the properly completed Rights Certificate evidencing the Holder's Rights being exercised and related nominee holder certification, if applicable, with any required signature guarantee, to the Subscription Agent within three business days following the date of the Holder's Notice of Guaranteed Delivery. If the Holder wishes to exercise his or her Over-Subscription Privilege, the Holder must pay in full for: (x) the number of shares of Stock purchased pursuant to the Holder's basic subscription privilege; and (y) the number of shares of Stock the Holder wishes to purchase pursuant to the Holder's Over-Subscription Privilege. The Holder may pay the Exercise Price by personal check or wire transfer.
