Method of Exercise Payment Issuance of New Warrant Transfer and Exchange. 4.1. The purchase right represented by this Warrant may be exercised any time during the Effective Period. If this Warrant is exercised on the Effective Date of a Triggering Event, such exercise shall be deemed to occur prior to the occurrence of the Triggering Event, except for purposes of determining the Fair Value per share of Common Stock, the Number of Shares and determining the number of shares outstanding on a Fully Diluted Basis hereunder.
Method of Exercise Payment Issuance of New Warrant Transfer and Exchange. This Warrant may be exercised by Merchandiser, in whole or in part, by the surrender of this Warrant, properly endorsed, at the principal office of the Company at 17830 Xxxxxxx Xxxx., Xxxxx 000, Xxxxxx, XX 00000 (xx at such other location within the State of California or the State of New York as the Company may advise Merchandiser in writing), and by (a) payment to the Company in cash or immediately available funds of the Warrant Price of the Common Units being purchased, and (b) delivery to the Company of a customary investment letter executed by Merchandiser, representing and warranting that the Common Units are being acquired for Merchandiser's own account, for investment purposes only, and not with a view to the distribution, resale or other distribution thereof in violation of applicable securities laws, and acknowledging the issuance and transfer of the Common Units are subject to the requirements of federal and state securities laws. Merchandiser, in lieu of exercising this Warrant for a specified number of Common Units (the "Exercised Units") and paying the aggregate exercise price therefor (the "Exercise Price"), may elect to receive a number of Common Units equal to the number of Exercised Units, minus a number of Common Units having an aggregate "Fair Market Value" (as defined below) equal to the Exercise Price. After any such election, the number of Common Units covered by this Warrant shall be deemed automatically reduced by the number of Exercised Shares. For purposes of this Warrant, "Fair Market Value" means (a) if the Common Units are then publicly traded, the closing sale price of the Common Units on its principal stock exchange or market system (or the average of the closing bid and asked prices, if closing sales prices are not reported) for the ten (10) consecutive trading days immediately prior to the date of any such "net exercise," or (b) in all other cases, as determined by the Managers in their sole, good faith discretion. In the event of any exercise, or any such "net exercise," of less than all of the rights represented by this Warrant, the Company shall issue to Merchandiser a new warrant evidencing the ability of Merchandiser to purchase the balance of the number of Common Units from the Company, and shall deliver such warrant to Merchandiser promptly following such partial exercise. The Company agrees that the Common Units issuable to Merchandiser upon exercise of this Warrant shall be issued to Merchandiser as of the close o...
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Method of Exercise Payment Issuance of New Warrant Transfer and Exchange. This Warrant may be exercised by Merchandiser, in whole or in part, by the surrender of this Warrant, properly endorsed, at the principal office of the Company at 17830 Xxxxxxx Xxxx., Xxxxx 000, Xxxxxx, XX 00000 (xx at such other location as the Company may advise Merchandiser in writing), and by (a) payment to the Company in cash or immediately available funds of the Warrant Price of the Common Units being purchased, and (b) delivery to the Company of a customary investment letter executed by Merchandiser, representing and warranting that the Common Units are being acquired for Merchandiser's own account, for investment purposes only, and not with a view to the distribution, resale or other distribution thereof, and acknowledging the issuance and transfer of the Common Units are subject to the requirements of
Method of Exercise Payment Issuance of New Warrant Transfer and Exchange. 3.1 The purchase right represented by this Warrant may be exercised at any time during the Effective Period.
Method of Exercise Payment Issuance of New Warrant Transfer and Exchange. At any time before the Expiration Time, this Warrant may be exercised by the Holder, in whole or in part, by the surrender of this Warrant, properly endorsed, and deli very of a completed and executed Subscription Form in the form attached as Exhibit A hereto at the principal office of the Corporation, and payment of the Warrant Price by either of the following methods:
Method of Exercise Payment Issuance of New Warrant Transfer and Exchange. This Warrant may be exercised by Warrantholder, in whole or in part, by the surrender of this Warrant at the principal office of the Company at Xxx Xxxxxxxxx Xxxxxx, Xxxxxxx, XX 00000, and by (a) the payment to the Company of the then applicable Warrant Price of the Common Stock being purchased, which Warrant Price may be paid, in whole or in part, by the delivery of
Method of Exercise Payment Issuance of New Warrant Transfer and Exchange
