Common use of Mechanics of Holder’s Redemptions Clause in Contracts

Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Major Transaction Redemption Notice to the Company pursuant to Section 10(d) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company (if delivery of the original Warrant is required pursuant to Section 2(j). In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered to the Holder a new Warrant representing the outstanding number of underlying Warrant Shares which have not been redeemed. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Amount, and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption The Holder's delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 7 contracts

Samples: Universal Energy Corp., Universal Energy Corp., Universal Energy Corp.

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Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Major Transaction Redemption Notice to the Company pursuant to Section 10(d) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company (if delivery of the original Warrant is required pursuant to Section 2(j2(l). In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered to the Holder a new Warrant representing the outstanding number of underlying Warrant Shares which have not been redeemed. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Amount, and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption redemption. The Holder's delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 3 contracts

Samples: ICP Solar Technologies Inc., ICP Solar Technologies Inc., ICP Solar Technologies Inc.

Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Default Notice or a Major Transaction Redemption Notice to the Company pursuant to Section 10(d5(c) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company (if delivery of Company. If the original Warrant is required pursuant to Holder has submitted a Major Transaction Redemption Notice in accordance with Section 2(j5(c)(iii). In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered deliver the applicable Major Transaction Redemption Price to the Holder a new Warrant representing concurrently with the outstanding number consummation of underlying Warrant Shares which have not been redeemedsuch Major Transaction. In the event that the Company does not pay the applicable Major Transaction Warrant Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Major Transaction Warrant Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Warrant Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Principal Amount, and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption and (z) the Exercise Price of this Warrant or such new Warrant shall be adjusted to the lesser of (A) the Exercise Price as in effect on the date on which the applicable Redemption Notice is voided and (B) subject to the limitations contained in Section 5(d) hereof, the lowest closing price for the Common Stock on NASDAQ, or, if NASDAQ is not the principal trading market for the Common Stock, the principal securities exchange or other securities market on which the Common Stock is then being traded, during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided. The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 2 contracts

Samples: Third Wave Technologies Inc /Wi, Third Wave Technologies Inc /Wi

Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Default Notice or a Major Transaction Redemption Notice to the Company pursuant to Section 10(d5(c) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company (if delivery of Company. If the original Warrant is required pursuant to Holder has submitted a Major Transaction Redemption Notice in accordance with Section 2(j5(c)(iii). In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered deliver the applicable Major Transaction Redemption Price to the Holder a new Warrant representing concurrently with the outstanding number consummation of underlying Warrant Shares which have not been redeemedsuch Major Transaction. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Amount, Principal Amount and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption redemption. The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 2 contracts

Samples: Hana Biosciences Inc, Hana Biosciences Inc

Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Major Transaction Redemption Notice to the Company or Allora, as applicable, pursuant to Section 10(d) or sends or receives a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company or Allora, as applicable (if delivery of the original Warrant is required pursuant to Section 2(j2(l), upon receipt of the full amount being redeemed. In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company or Allora, as applicable, shall promptly cause to be issued and delivered to the Holder a new Warrant representing the outstanding number of underlying Warrant Exercise Shares which have not been redeemedredeemed and upon receipt of the full amount being redeemed and such new Warrant in a form acceptable to the Holder, the Holder will exchange this Warrant for such new Warrant. In the event that the Company or Allora, as applicable, does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company or Allora, as applicable, pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company or Allora, as applicable, to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's receipt ’s or Allora’s receipt, as applicable, of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Amount, and (y) the Company or Allora, as applicable, shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption redemption. The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations ’s or Allora’s obligations, as and to the extent applicable, to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 1 contract

Samples: Allora Minerals, Inc.

Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Major Transaction Redemption Notice to the Company pursuant to Section 10(d) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company (if delivery of the original Warrant is required pursuant to Section 2(j)Company. In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered to the Holder a new Warrant representing the outstanding number of underlying Warrant Shares which have not been redeemed. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Amount, and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 1 contract

Samples: VirtualScopics, Inc.

Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Default Notice or a Major Transaction Redemption Notice to the Company pursuant to Section 10(d5(c) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company (if delivery of Company. If the original Warrant is required pursuant to Section 2(j). In the event of Holder has submitted a redemption of less than all of the outstanding portion of this WarrantRedemption Notice, the Company shall promptly cause to be issued and delivered deliver the applicable Major Transaction Warrant Redemption Price or Default Amount, as applicable, to the Holder a new Warrant representing within the outstanding number of underlying Warrant Shares which have not been redeemedtime period set forth herein. In the event that the Company does not pay the applicable Major Transaction Warrant Redemption Price or Default Amount, as applicable, to the Holder within the time period requiredrequired pursuant to the terms hereof, at any time thereafter and until the Company pays such unpaid Major Transaction Warrant Redemption Price or Default Amount, as applicable, in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Warrant Redemption Price or Default Amount, as applicable (together with any late charges thereon) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Principal Amount, and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption and (z) the Exercise Price of this Warrant or such new Warrant shall be adjusted to the lesser of (A) the Exercise Price as in effect on the date on which the applicable Redemption Notice is voided and (B) the lowest closing price for the Common Stock on NASDAQ, or, if NASDAQ is not the principal trading market for the Common Stock, the principal securities exchange or other securities market on which the Common Stock is then being traded, during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided. The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 1 contract

Samples: Array Biopharma Inc

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Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Default Notice or a Major Transaction Redemption Notice to the Company pursuant to Section 10(d5(c) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company (if delivery of Company. If the original Warrant is required pursuant to Holder has submitted a Major Transaction Redemption Notice in accordance with Section 2(j5(c)(iii). In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered deliver the applicable Major Transaction Warrant Redemption Price to the Holder a new Warrant representing concurrently with the outstanding number consummation of underlying Warrant Shares which have not been redeemedsuch Major Transaction. In the event that the Company does not pay the applicable Major Transaction Warrant Redemption Price to the Holder within the time period required, at any time [***] Confidential Treatment of Redacted Portions Has Been Requested thereafter and until the Company pays such unpaid Major Transaction Warrant Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Warrant Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Principal Amount, and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption and (z) the Exercise Price of this Warrant or such new Warrant shall be adjusted to the lesser of (A) the Exercise Price as in effect on the date on which the applicable Redemption Notice is voided and (B) the lowest closing price for the Common Stock on NASDAQ, or, if NASDAQ is not the principal trading market for the Common Stock, the principal securities exchange or other securities market on which the Common Stock is then being traded, during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided. The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 1 contract

Samples: Array Biopharma Inc

Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Default Notice or a Major Transaction Redemption Notice to the Company pursuant to Section 10(d5(c) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company (if delivery of Company. If the original Warrant is required pursuant to Holder has submitted a Major Transaction Redemption Notice in accordance with Section 2(j5(c)(iii). In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered deliver the applicable Major Transaction Redemption Price to the Holder a new Warrant representing concurrently with the outstanding number consummation of underlying Warrant Shares which have not been redeemedsuch Major Transaction if such notice is received prior to the consummation of such Major Transaction and within five (5) Business Days after the Company’s receipt of such notice otherwise. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Principal Amount, and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption and (z) the Exercise Price of this Warrant or such new Warrant shall be adjusted to the lesser of (A) the Exercise Price as in effect on the date on which the applicable Redemption Notice is voided and (B) the lowest Closing Price during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided. The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 1 contract

Samples: Avicena Group, Inc.

Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Default Notice or a Major Transaction Redemption Notice to the Company pursuant to Section 10(d5(c) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company (if delivery of Company. If the original Warrant is required pursuant to Section 2(j). In the event of Holder has submitted a redemption of less than all of the outstanding portion of this WarrantRedemption Notice, the Company shall promptly cause to be issued and delivered deliver the applicable Major Transaction Warrant Redemption Price or Default Amount, as applicable, to the Holder a new Warrant representing within the outstanding number of underlying Warrant Shares which have not been redeemedtime period set forth herein. In the event that the Company does not pay the applicable Major Transaction Warrant Redemption Price or Default Amount, as applicable, to the Holder within the time period requiredrequired pursuant to the terms hereof, at any time thereafter and until the Company pays such unpaid Major Transaction Warrant Redemption Price or Default Amount, as applicable, in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Warrant Redemption Price or Default Amount, as applicable (together with any late charges thereon) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Principal Amount, and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption and (z) the Exercise Price of this Warrant or such new Warrant shall be adjusted to the lesser of (A) the Exercise Price as in effect on the date on which the applicable Redemption Notice is voided and (B) the lowest closing price for the Common Stock on NASDAQ, or, if NASDAQ is not the principal trading market for the Common Stock, the principal securities exchange or other securities market on which the Common Stock is then being traded, during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided. The Holder's ’s delivery of a notice voiding a [***] Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Redemption Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 1 contract

Samples: Array Biopharma Inc

Mechanics of Holder’s Redemptions. In the event that the Holder has sent a Default Notice or a Major Transaction Redemption Notice to the Company pursuant to Section 10(d5(c) or a Default Notice pursuant to Section 11(b)(i), respectively (each, a "Redemption Notice"), the Holder shall promptly submit this Warrant to the Company (if delivery of Company. If the original Warrant is required pursuant to Holder has submitted a Major Transaction Redemption Notice in accordance with Section 2(j5(c)(iii). In the event of a redemption of less than all of the outstanding portion of this Warrant, the Company shall promptly cause to be issued and delivered deliver the applicable Major Transaction Redemption Price to the Holder a new Warrant representing concurrently with the outstanding number consummation of underlying Warrant Shares which have not been redeemedsuch Major Transaction. In the event that the Company does not pay the applicable Major Transaction Warrant Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Major Transaction Warrant Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Warrant that was submitted for redemption and for which the applicable Major Transaction Warrant Redemption Price (together with any late charges thereon) has not been paid. Upon the Company's ’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to such Redemption Share Principal Amount, and (y) the Company shall immediately return this Warrant, or issue a new Warrant to the Holder representing the portion of this Warrant that was submitted for redemption and (z) the Exercise Price of this Warrant or such new Warrant shall be adjusted to the lesser of (A) the Exercise Price as in effect on the date on which the applicable Redemption Notice is voided and (B) the lowest Closing Price during the period beginning on and including the date on which the applicable Redemption Notice is delivered to the Company and ending on and including the date on which the applicable Redemption Notice is voided. The Holder's ’s delivery of a notice voiding a Redemption Notice and exercise of its rights following such notice shall not affect the Company's ’s obligations to make any payments of Failure Payments which have accrued prior to the date of such notice with respect to the Warrant subject to such notice.

Appears in 1 contract

Samples: MiddleBrook Pharmaceuticals, Inc.

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