Common use of Method of Exercise; Fractional Shares Clause in Contracts

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four (4) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 5 contracts

Samples: Warrant Agreement (Youngevity International, Inc.), Warrant Agreement (Youngevity International, Inc.), Warrant Agreement (Youngevity International, Inc.)

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Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four five (45) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of deliver to the Corporation (whether via facsimile or that of the duly authorized and acting transfer agent for its Common Stock, together with otherwise) the executed exercise form (the “Exercise Notice”) (substantially in the form of that attached hereto) and and, unless this Warrant is being exercised on a cashless basis as set forth in Section 3(b) below, together with payment for the Common Stock purchased under this Warrant. The Holder shall not be required to deliver the original of this Warrant in order to effect an exercise hereunder. The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option option: (ai) pay for to the fractional share Holder an amount in cash equal to the same fraction at product of (x) such fraction, multiplied by (y) the fair market price for such shareFair Market Value (as defined below) of one share of Common Stock on the date of exercise; or (bii) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this WarrantWarrant for cash pursuant to Section 3(a), the Holder may elect to receive Common Stock equal to the value of exercise this Warrant (or the portion thereof being canceled) on a cashless basis by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 4 contracts

Samples: Warrant Agreement (XRpro Sciences, Inc.), Warrant Agreement (XRpro Sciences, Inc.), Warrant Agreement (XRpro Sciences, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four five (45) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. Warrant The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 2 contracts

Samples: Warrant Agreement (Icagen, Inc.), Warrant Agreement (Soupman, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four seven (47) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (the “Exercise Notice”) (substantially in the form of that attached hereto) and and, unless this Warrant is being exercised on a cashless basis as set forth in paragraph (b) below, together with payment for the Common Stock purchased under this Warrant. Warrant The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 2 contracts

Samples: Warrant Agreement (Caldera Pharmaceuticals Inc), Warrant Agreement (Caldera Pharmaceuticals Inc)

Method of Exercise; Fractional Shares. (a) This Subject to the terms and conditions hereof, this Warrant is exercisable at the option of the Holder at any time after December 14, 2007 by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after on the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four eight (4) 8) years after the original issue datedate of this Warrant. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment Except as specified below under paragraph 4, at the option of the Holder payment shall be made either by certified or official bank check payable to the order of the Corporation or by wire transfer. Upon the partial exercise of this Warrant, the Corporation shall issue to the Holder a new Warrant of the same tenor and date, and for the balance of the number of shares of Common Stock not purchased upon such partial exercise and any previous exercises. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 2 contracts

Samples: Warrant Agreement (Raptor Pharmaceuticals Corp.), Warrant Agreement (Raptor Pharmaceuticals Corp.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four Seven (47) years year(s) after the issue date. This Warrant may not be exercised for fewer than 5,000 shares per exercise, as adjusted to reflect stock dividends, stock splits, and other comparable changes. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal Notwithstanding anything contained herein to the value of contrary, in no event shall Holder be permitted to exercise this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice in excess of such electionamount upon the exercise of which, in which event (x) the Corporation shall issue to the Holder a number of shares of Common Stock computed using beneficially owned (as determined in accordance with Rule 13d-3 promulgated under the following formula: X = A Where:Securities Exchange Act of 1934, as amended) by such Holder plus (y) the number of shares of Common Stock issuable upon such exercise of this Warrant, would be equal to or exceed (z) 9.999% of the number of voting securities of the Company then issued and outstanding, including shares issuable on the exercise of this Warrant held by such Holder after application of this Section 3(b), to the extent that the limitation contained in this Section 3(b) applies. The determination of whether this Warrant is exercisable (in relation to other securities owned by a Holder), and the submission of this Warrant for exercise shall be deemed to be such Holder's determination of whether such Warrant is exercisable (in relation to other securities owned by a Holder), in each case subject to such aggregate percentage limitation, and the Company shall have no obligation to verify or confirm the accuracy of such determination. Nothing contained herein shall be deemed to restrict the right of a Holder to exercise this Warrant at such time as such exercise will not violate the provisions of this paragraph. No exercise in violation of this paragraph but otherwise in accordance with this Warrant shall affect the status of the securities issued upon such exercise as validly issued, fully-paid and non-assessable.

Appears in 2 contracts

Samples: Warrant Agreement (Ultitek LTD), Warrant Agreement (Ultitek LTD)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four five (45) years after the issue dateIssue Date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. Warrant The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 2 contracts

Samples: Warrant Agreement (Icagen, Inc.), Warrant Agreement (Icagen, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder in whole at any time or in part from time to time by surrendering this Warrant, on any business day during the period (the "Exercise Period") beginning the business day after on the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four five (45) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment At the option of the Holder payment shall be made either by check payable to the order of the Corporation or by wire transfer, or the Holder may elect to receive shares of Common Stock calculated pursuant to paragraph ____. Upon the partial exercise of this Warrant, the Corporation shall issue to the Holder a new Warrant of the same tenor and date, and for the balance of the number of shares of Common Stock not purchased upon such partial exercise and any previous exercises. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Galvestons Steakhouse Corp), Securities Purchase Agreement (Galvestons Steakhouse Corp)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the ------------------------------------- option of the Holder in whole at any time or in part from time to time by surrendering this Warrant, on any business day during the period (the "Exercise Period") beginning the business day after on the issue date of this Warrant specified above and ending at 5:00 p.m. (New York Philadelphia, Pennsylvania time) four five (45) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment At the option of the Holder payment shall be made either in cash (by wire) or by certified or bank cashier's check payable to the order of the Corporation. The Corporation shall, immediately upon receipt of such notice, issue and deliver to or upon the order of such Holder a certificate or certificates for the number of shares of Common Stock to which such Holder shall be entitled and such certificate or certificates shall not bear any restrictive legend; provided (A) the Common Stock evidenced thereby are sold pursuant to an effective registration statement under the Act, (B) the holder provides the Corporation with an opinion of counsel reasonably acceptable toe the Corporation to the effect that a public sale of such shares may be made without registration under the Act, or (C) such holder provides the Corporation with reasonable assurance that such shares can be sold free of any limitations imposed by wire transferRule 144, promulgated under the Act. The Corporation shall cause such issuance and delivery to be effected within three (3) business days and shall transmit the certificates by messenger or overnight delivery service to reach the address designated by such holder within three (3) business days after the receipt of such notice. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, . As compensation to the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of when the Corporation together has failed with notice of respect to such electionHolder to comply with the Corporation's obligations hereunder, in which event and not as a penalty, the Corporation shall issue pay to such holder liquidated damages of $500 per day until the certificates are delivered as instructed. Such damages shall be paid to the Holder a number by cashier's check or wire transfer in immediately available funds to such account as shall be designated in writing by the Holder at the end of shares each month in which such amounts have accrued. Holder shall be entitled to an injunction or injunctions to prevent or cure breaches of Common Stock computed using the following formula: X = A Where:provisions of hereof and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which Holder may be entitled by law or equity.

Appears in 1 contract

Samples: Warrant Agreement (Eastwind Group Inc)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder in whole at any time or in part from time to time by surrendering this Warrant, on any business day during the period (the "Exercise Period") beginning the business day after on the issue date of this Warrant specified above and ending at 5:00 p.m. (New York Lenexa, Kansas time) four five (45) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment At the option of the Holder payment shall be made either in cash (by wire) or by certified or bank cashier's check payable to the order of the Corporation. The Corporation shall, immediately upon receipt of such notice, issue and deliver to or upon the order of such Holder a certificate or certificates for the number of shares of Common Stock to which such Holder shall be entitled and such certificate or certificates shall not bear any restrictive legend; provided (A) the Common Stock evidenced thereby are sold pursuant to an effective registration statement under the Act, (B) the holder provides the Corporation with an opinion of counsel reasonably acceptable to the Corporation to the effect that a public sale of such shares may be made without registration under the Act, or (C) such holder provides the Corporation with reasonable assurance that such shares can be sold free of any limitations imposed by wire transferRule 144, promulgated under the Act. The Corporation shall cause such issuance and delivery to be effected within three (3) business days and shall transmit the certificates by messenger or overnight delivery service to reach the address designated by such holder within five (5) business days after the receipt of such notice. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, . As compensation to the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of when the Corporation together has failed with notice of respect to such electionHolder to comply with the Corporation's obligations hereunder, in which event and not as a penalty, the Corporation shall issue pay to such holder liquidated damages of $500 per day until the certificates are delivered as instructed. Such damages shall be paid to the Holder a number by cashier's check or wire transfer in immediately available funds to such account as shall be designated in writing by the Holder at the end of shares each month in which such amounts have accrued. Holder shall be entitled to an injunction or injunctions to prevent or cure breaches of Common Stock computed using the following formula: X = A Where:provisions of hereof and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which Holder may be entitled by law or equity.

Appears in 1 contract

Samples: Warrant Agreement (Integrated Medical Resources Inc)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at exercisable, in whole or in part, with respect to the option of the Holder at any time portion that has vested by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue vesting date of this Warrant specified above and ending at 5:00 p.m. (New York time) four on September 30, 2015. This Warrant may not be exercised for fewer than 5,000 shares per exercise, as adjusted to reflect stock dividends, stock splits, and other comparable changes, or if it would cause the Holder to beneficially own more than 4.99% of the outstanding Common Stock of the Company (4) years after unless the issue dateHolder gives at least 90 days written notice to the Corporation that it does not wish to be governed by the 4.99% limitation). To exercise this Warrant, the Holder shall surrender this Warrant Warrant, or a portion thereof at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with (i) payment for the Common Stock purchased under this WarrantWarrant or (ii) notice of a cashless exercise in which case the Company shall, without any payment on the part of the Holder, deliver to the Holder the number of shares of Common Stock equal to the difference between (x) the number of shares of Common Stock being exercised and (y) the result derived from the (I) product of the warrant price and the number of shares of Common Stock being exercised divided by (II) the per share market price on the Common Stock. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Duska Therapeutics, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four five (45) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Innovative Payment Solutions, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at exercisable, in whole or in part, with respect to the option of the Holder at any time portion that has vested by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue vesting date of this Warrant specified above and ending at 5:00 p.m. (New York time) four on September 30, 2015. This Warrant may not be exercised for fewer than 5,000 shares per exercise, as adjusted to reflect stock dividends, stock splits, and other comparable changes, or if it would cause the Holder to beneficially own more than 4.99% of the outstanding Common Stock of the Company (4) years after unless the issue dateHolder gives at least 90 days written notice to the Corporation that it does not wish to be governed by the 4.99% limitation). To exercise this Warrant, the Holder shall surrender this Warrant or a portion thereof at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with (i) payment for the Common Stock purchased under this WarrantWarrant or (ii) notice of a cashless exercise in which case the Company shall, without any payment on the part of the Holder, deliver to the Holder the number of shares of Common Stock equal to the difference between (x) the number of shares of Common Stock being exercised and (y) the result derived from the (I) product of the warrant price and the number of shares of Common Stock being exercised divided by (II) the per share market price on the Common Stock. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Duska Therapeutics, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four three (43) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. Warrant The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Soupman, Inc.)

Method of Exercise; Fractional Shares. (a) This The right to exercise this Warrant is exercisable at the option of the Holder shall commence on the one-year anniversary of the Issue Date with respect to the shares of Common Stock subject to this Warrant. The Holder shall have the right to exercise the Warrant at any time the times and for the number of shares of Common Stock set forth in the preceding sentence by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning on the business day after one-year anniversary of the issue date Issue Date of this Warrant specified above and ending at 5:00 p.m. (New York time) four (4) years after the issue datedate (the “Termination Date”). To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment by wire transfer or cashier's check drawn on a United States bank for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Youngevity International, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at exercisable, in whole or in part, with respect to the option of the Holder at any time portion that has vested by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue vesting date of this Warrant specified above and ending at 5:00 p.m. (New York time) four on September 30, 2015. This Warrant may not be exercised for fewer than 5,000 shares per exercise, as adjusted to reflect stock dividends, stock splits, and other comparable changes, or if it would cause the Holder to beneficially own more than 4.99% of the outstanding Common Stock of the Company (4) years after unless the issue dateHolder gives at least 90 days written notice to the Corporation that it does not wish to be governed by the 4.99% limitation). To exercise this Warrant, the Holder shall surrender this Warrant Warrant, or a portion thereof, at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with (i) payment for the Common Stock purchased under this WarrantWarrant or (ii) notice of a cashless exercise in which case the Company shall, without any payment on the part of the Holder, deliver to the Holder the number of shares of Common Stock equal to the difference between (x) the number of shares of Common Stock being exercised and (y) the result derived from the (I) product of the warrant price and the number of shares of Common Stock being exercised divided by (II) the per share market price on the Common Stock. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Duska Therapeutics, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder (with respect to any vested portion) at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four six (46) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In This Warrant shall vest as follows: (i) 500,000 shares of Common Stock will vest upon the Corporation’s subsidiary, Khrysos Industries, Inc. (“KII”) achieving from the Business $10,000,000 in cumulative net income during any of the years ended December 31, 2019, 2020, 2021, 2022, 2023 or 2024; (ii) 500,000 shares of Common Stock will vest upon KII achieving from the Business $30,000,000 in cumulative net income during any of the years ended December 31, 2019, 2020, 2021, 2022, 2023 or 2024; and (iii) 500,000 shares of Common Stock will vest upon KII achieving from the Business $60,000,000 in cumulative net income during any of the years ended December 31, 2019, 2020, 2021, 2022, 2023 or 2024. The Warrants will vest upon the attainment of the foregoing sales objectives only once for each level attained, and such level must be attained within six (6) years of the Issue Date of this Warrant. (c) If an effective registration statement is not then in effect for the shares of Common Stock issuable hereunder, in lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Youngevity International, Inc.)

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Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four seven (47) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (the “Exercise Notice”) (substantially in the form of that attached hereto) and and, unless this Warrant is being exercised on a cashless basis as set forth in paragraph (b) below, together with payment for the Common Stock purchased under this Warrant. Warrant The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option option: (ai) pay for the fractional share cash equal to the same fraction at the fair market price for such share; share or (bii) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Caldera Pharmaceuticals Inc)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the "Exercise Period") beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four (4) three years after the issue date. This Warrant may not be exercised for fewer than 5,000 Warrant Shares per exercise, as adjusted to reflect stock dividends, stock splits, and other comparable changes. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation Company or that of the duly authorized and acting transfer agent for its Common StockCompany's Depositary, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock Warrant Shares purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation Company or by wire transfer. Promptly after exercise, the Company shall deliver to the Company's Depositary a binding and irrevocable instruction letter instructing the Depositary to issue to the Holder an American Depositary Receipt representing the Warrant Shares issuable in connection with that exercise. This Warrant is not exercisable with respect to a fraction of a share of Common StockWarrant Share. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation Company shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle entitling the Holder to receive a certificate for a full share of Common Stock American Depositary Share on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (pSivida LTD)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder (with respect to any vested portion) at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four six (46) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In This Warrant shall vest as follows: (i) 500,000 shares of Common Stock will vest upon the Corporation’s subsidiary, Khrysos Industries, Inc. (“KII”) achieving from the Business $25,000,000 in cumulative revenue during any of the years ended December 31, 2019, 2020, 2021, 2022, 2023 or 2024; (ii) 500,000 shares of Common Stock will vest upon KII achieving from the Business $75,000,000 in cumulative revenue during any of the years ended December 31, 2019, 2020, 2021, 2022, 2023 or 2024; and (iii) 500,000 shares of Common Stock will vest upon KII achieving from the Business $150,000,000 in cumulative revenue during any of the years ended December 31, 2019, 2020, 2021, 2022, 2023 or 2024. The Warrants will vest upon the attainment of the foregoing sales objectives only once for each level attained, and such level must be attained within six (6) years of the Issue Date of this Warrant. (c) If an effective registration statement is not then in effect for the shares of Common Stock issuable hereunder, in lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Youngevity International, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four seven (47) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of deliver to the Corporation (whether via facsimile or that of the duly authorized and acting transfer agent for its Common Stock, together with otherwise) the executed exercise form (the “Exercise Notice”) (substantially in the form of that attached hereto) and and, unless this Warrant is being exercised on a cashless basis as set forth in Section 3(b) below, together with payment for the Common Stock purchased under this Warrant. The Holder shall not be required to deliver the original of this Warrant in order to effect an exercise hereunder. The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option option: (ai) pay for to the fractional share Holder an amount in cash equal to the same fraction at product of (x) such fraction, multiplied by (y) the fair market price for such shareFair Market Value (as defined below) of one share of Common Stock on the date of exercise; or (bii) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this WarrantWarrant for cash pursuant to Section 3(a), the Holder may elect to receive Common Stock equal to the value of exercise this Warrant (or the portion thereof being canceled) on a cashless basis by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (XRpro Sciences, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four (4) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. Warrant The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Youngevity International, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder in whole at any time or in part from time to time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after on the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four five (45) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment At the option of the Holder payment shall be made either by check payable to the order of the Corporation or by wire transfer. Upon the partial exercise of this Warrant, the Corporation shall issue to the Holder a new Warrant of the same tenor and date, and for the balance of the number of shares of Common Stock not purchased upon such partial exercise and any previous exercises. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Dc Brands International Inc)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four ____ (4_) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. Warrant The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Caldera Pharmaceuticals Inc)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four five (45) years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (the “Exercise Notice”) (substantially in the form of that attached hereto) and and, unless this Warrant is being exercised on a cashless basis as set forth in paragraph (b) below, together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option option: (ai) pay for the fractional share cash equal to the same fraction at the fair market price for such share; share or (bii) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Propell Technologies Group, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder at any time by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four three (43) years after the issue datedate (the “Termination Date”). To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment by wire transfer or cashier's check drawn on a United States bank for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 of this WarrantWarrant unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of Exercise; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In If at any time after the six (6) month anniversary of the Issue Dare the Holder exercises this Warrant and an effective registration statement registering for issuance the shares of Common Stock issuable hereunder is not then in effect for the shares of Common Stock issuable hereunder, then this Warrant may only be exercised in whole or in part by means of a “cashless exercise”) in lieu of cash exercising this Warrant, and the Holder may elect shall be entitled to receive a number of shares of Common Stock equal to upon exercise using the value of formula set forth below. To exercise this Warrant (or on a “cashless basis” the portion thereof being canceled) Holder shall by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation Holder shall issue be entitled to the Holder receive a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Youngevity International, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at exercisable, in whole or in part, with respect to the option of the Holder at any time portion that has vested by surrendering this Warrant, on any business day during the period (the “Exercise Period”) beginning the business day after the issue vesting date of this Warrant specified above and ending at 5:00 p.m. (New York time) four on September 30, 2015. This Warrant may not be exercised for fewer than 5,000 shares per exercise, as adjusted to reflect stock dividends, stock splits, and other comparable changes, or if it would cause the Holder to beneficially own more than 4.99% of the outstanding Common Stock of the Company (4) years after unless the issue dateHolder gives at least 90 days written notice to the Corporation that it does not wish to be governed by the 4.99% limitation). To exercise this Warrant, the Holder shall surrender this Warrant or a portion thereof, at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with (i) payment for the Common Stock purchased under this WarrantWarrant or (ii) notice of a cashless exercise in which case the Company shall, without any payment on the part of the Holder, deliver to the Holder the number of shares of Common Stock equal to the difference between (x) the number of shares of Common Stock being exercised and (y) the result derived from the (I) product of the warrant price and the number of shares of Common Stock being exercised divided by (II) the per share market price on the Common Stock. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Duska Therapeutics, Inc.)

Method of Exercise; Fractional Shares. (a) This Warrant is exercisable at the option of the Holder in whole at any time or in part from time to time by surrendering this Warrant, on any business day during the period (the "Exercise Period") beginning the business day after on the issue date of this Warrant specified above and ending at 5:00 p.m. (New York time) four (4) five years after the issue date. To exercise this Warrant, the Holder shall surrender this Warrant at the principal office of the Corporation or that of the duly authorized and acting transfer agent for its Common Stock, together with the executed exercise form (substantially in the form of that attached hereto) and together with payment for the Common Stock purchased under this Warrant. The principal office of the Corporation is located at the address specified in Section 1 on the signature page of this Warrant; provided, however, that the Corporation may change its principal office upon notice to the Holder. Payment shall be made by check payable to the order of the Corporation or by wire transfer. Upon the partial exercise of this Warrant, the Corporation shall issue to the Holder a new Warrant of the same tenor and date, and for the balance of the number of shares of Common Stock not purchased upon such partial exercise and any previous exercises. This Warrant is not exercisable with respect to a fraction of a share of Common Stock. In lieu of issuing a fraction of a share remaining after exercise of this Warrant as to all full shares covered by this Warrant, the Corporation shall either at its option (a) pay for the fractional share cash equal to the same fraction at the fair market price for such share; or (b) issue scrip for the fraction in the registered or bearer form which shall entitle the Holder to receive a certificate for a full share of Common Stock on surrender of scrip aggregating a full share. (b) In lieu of cash exercising this Warrant, the Holder may elect to receive Common Stock equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Corporation together with notice of such election, in which event the Corporation shall issue to the Holder a number of shares of Common Stock computed using the following formula: X = A Where:

Appears in 1 contract

Samples: Warrant Agreement (Thoroughbred Interests Inc)

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