Common use of Method of Exercise; Payment; Issuance of New Warrant Clause in Contracts

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 hereof, the right to purchase Shares represented by this Warrant may be exercised by Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, of an amount equal to the then applicable Exercise Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereof. In the event of any exercise of the purchase right represented by this Warrant, certificates for the Shares so purchased shall be promptly delivered to Holder and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be promptly delivered to Holder.

Appears in 10 contracts

Samples: Placement Agent Warrant Agreement (Blast Energy Services, Inc.), Warrant Agreement (Blast Energy Services, Inc.), Warrant Agreement (Toyzap.com, Inc.)

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Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 2 hereof, the purchase right to purchase Shares represented by this Warrant may be exercised by the Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit Appendix A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, funds of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereofpurchased. In the event of any exercise of the purchase right represented by this WarrantSection 3, certificates for the Shares so purchased shall be promptly delivered to the Holder within thirty (30) days of receipt of such payment and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be promptly delivered issued to Holderthe Holder within such thirty (30) day period.

Appears in 4 contracts

Samples: Warrant to Purchase Shares of Series B Preferred Stock (3dfx Interactive Inc), Warrant Agreement (3dfx Interactive Inc), Warrant to Purchase Shares of Series B Preferred Stock (3dfx Interactive Inc)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 hereof, the right to purchase Shares represented by this Warrant may be exercised by Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, of an amount equal to the then applicable Exercise Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereofpurchased. In the event of any exercise of the purchase right represented by this Warrant, certificates for the Shares so purchased shall be promptly delivered to Holder and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be promptly delivered to Holder.

Appears in 4 contracts

Samples: Investment Warrant Agreement (Trxade Group, Inc.), Investment Warrant Agreement (Trxade Group, Inc.), Investment Warrant Agreement (Trxade Group, Inc.)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 hereof, the right to purchase Shares represented by this Warrant may be exercised by Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A duly completed and executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, of an amount equal to the then applicable Exercise Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereof. In the event of any exercise of the purchase right represented by this Warrant, certificates for the Shares so purchased shall be promptly delivered to Holder and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be promptly delivered to Holder.

Appears in 4 contracts

Samples: Warrant Agreement (Principal Solar, Inc.), Warrant Agreement (Calpian, Inc.), Warrant Agreement (Calpian, Inc.)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 2 hereof, the purchase right to purchase Shares represented by this Warrant may be exercised by Holderthe Warrantholder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit Appendix A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, funds of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereofpurchased. In the event of any exercise of the purchase right represented by this WarrantSection 3, certificates for the Shares so purchased shall be promptly delivered to Holder the Warrantholder within thirty (30) days of receipt of such payment and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be promptly delivered issued to Holderthe Warrantholder within such thirty (30) day period.

Appears in 3 contracts

Samples: Warrant Agreement (Aviron), Warrant Agreement (Medimmune Inc /De), Warrant Agreement (Medimmune Inc /De)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section Paragraph 1 hereof, the purchase right to purchase Shares represented by this Warrant may be exercised by the Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A duly --------- executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holderwire transfer, of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereofpurchased. In the event of any exercise of the purchase right rights represented by this Warrant, certificates for the Shares so purchased shall be promptly delivered to the Holder within thirty days of receipt of such notice and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be promptly issued to the Holder within such thirty-day period. Upon receipt by the Company of this Warrant and such notice of exercise form, together with the applicable Warrant Price, the Holder shall be deemed for all purposes to be the Holder of record of the Shares, notwithstanding that certificates representing the Shares shall not then be actually delivered to Holdersuch Holder or that such Shares are not then set forth on the stock transfer books of the Company.

Appears in 2 contracts

Samples: Warrant Agreement (Global Sports Inc), Warrant Agreement (Fogdog Inc)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 hereof, the right to purchase Shares represented by this Warrant may be exercised by Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice Notice of exercise form Exercise and Investment Representation Statement forms attached hereto as Exhibit A "B" and Exhibit "C", respectively, duly executedexecuted by Holder) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, of an amount equal to the then applicable Exercise Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereofpurchased. In the event of any exercise of the purchase right represented by this Warrant, certificates for the Shares so purchased shall be promptly delivered to Holder and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be promptly delivered to Holder.

Appears in 2 contracts

Samples: Warrant Agreement (Pacific Ethanol, Inc.), Warrant Agreement (Pacific Ethanol, Inc.)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 2 hereof, the purchase right to purchase Shares represented by this Warrant may be exercised by Holderthe Warrantholder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit Appendix A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, funds of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereofpurchased. In the event of any exercise of the purchase right represented by this WarrantSection 3, certificates for the Shares so purchased shall be promptly delivered to Holder the Warrantholder with thirty (30) days of receipt of such payment and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be promptly delivered issued to Holderthe Warrantholder within such thirty (30) day period.

Appears in 1 contract

Samples: Warrant Agreement (Aviron)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 hereof, the right to purchase Shares represented repre-sented by this Warrant may be exercised by Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, of an amount equal to the then applicable appli-cable Exercise Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereof. In the event of any exercise of the purchase right represented by this WarrantWar-rant, certificates for the Shares so purchased shall be promptly delivered to Holder and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised exer-cised shall also be promptly delivered to Holder.

Appears in 1 contract

Samples: Warrant Agreement (Procera Networks Inc)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 hereof, the right to purchase Shares represented repre­sented by this Warrant may be exercised by Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, of an amount equal to the then applicable appli­cable Exercise Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereof. In the event of any exercise of the purchase right represented by this WarrantWar­rant, certificates for the Shares so purchased shall be promptly delivered to Holder and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised exer­cised shall also be promptly delivered to Holder.

Appears in 1 contract

Samples: Warrant Agreement (Procera Networks Inc)

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Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 2 hereof, the purchase right to purchase Shares represented by this Warrant may be exercised by the Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit Appendix A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, of an amount equal to the then applicable Exercise Warrant Price per share Share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereofpurchased. In the event of any exercise of the purchase right represented by this WarrantSection 3, the Company will use its best efforts to deliver certificates for the Shares so purchased shall be promptly delivered to the Holder within five (5) days of receipt of such payment and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be issued to the Holder within such five (5) day period. If any such exercise is rejected by the Company, the Company will promptly delivered return to HolderHolder all documentation furnished by Holder hereunder.

Appears in 1 contract

Samples: Warrant Agreement (Sled Dogs Co)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 hereof, the purchase right to purchase Shares represented by this Warrant may be exercised by Holderthe Holder hereof, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A 1 duly executed) at the principal office of the Company and by the --------- payment to the Company, by cash, check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holderwire transfer, of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Shares shares then being purchased (plus any applicable issue or by net exercise pursuant transfer taxes). The Company agrees that the shares so purchased shall be deemed to Section 6 hereofbe issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares as aforesaid. In the event of any exercise of the purchase right represented by this Warrant, certificates for the Shares shares of stock so purchased shall be promptly delivered to the Holder hereof as soon as practicable thereafter and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Sharesshares, if any, with respect to which this Warrant shall not then have been exercised exercised, shall also be promptly delivered issued to Holderthe Holder hereof.

Appears in 1 contract

Samples: Series F Preferred Stock Purchase Agreement (Oxis International Inc)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 hereof, the right to purchase Shares represented repre-sented by this Warrant may be exercised by Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, of an amount equal to the then applicable appli-cable Exercise Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereofpurchased. In the event of any exercise of the purchase right represented by this WarrantWar-rant, certificates for the Shares so purchased shall be promptly delivered to Holder and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised exer-cised shall also be promptly delivered to Holder.

Appears in 1 contract

Samples: Warrant Agreement (Blast Energy Services, Inc.)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 2 ---------------------------------------------------- hereof, the right to purchase Shares represented by this Warrant may be exercised by the Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice Notice of exercise form Exercise attached hereto as Exhibit Appendix A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, of an amount equal to the then applicable Exercise Price per share multiplied by aggregate exercise price for the number of Shares then shares for which this Warrant is being purchased or by net exercise pursuant to Section 6 hereofexercised. In the event of any exercise of the purchase right represented by this WarrantSection 3, the Company will use its best efforts to deliver certificates for the Shares shares so purchased shall be promptly delivered to the Holder within five business days of receipt of such payment and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Sharesshares, if any, with respect to which this Warrant shall not then have been exercised shall also be issued to the Holder within such five business day period. If any such exercise is rejected by the Company, the Company will promptly delivered return to HolderHolder all documentation furnished by the Holder hereunder.

Appears in 1 contract

Samples: Warrant Agreement (Medi Ject Corp /Mn/)

Method of Exercise; Payment; Issuance of New Warrant. Subject to Section 1 hereof, the purchase right to purchase Shares represented by this Warrant may be exercised by Holderthe holder hereof, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the a duly executed notice of exercise in the form attached hereto as Exhibit A duly executedAnnex 1) at the principal office of the Company (as set forth in Section 12 below) and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of wire transfer or cancellation of indebtedness of the Company to such Holderindebtedness, of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Shares then being purchased or by net exercise pursuant to Section 6 hereofpurchased. In the event of any exercise of the purchase right rights represented by this Warrant, certificates for the Shares of stock so purchased shall be promptly in the name of, and delivered to, the holder hereof, or as such holder may direct (subject to Holder the restrictions upon transfer contained herein and upon payment by such holder hereof of any applicable transfer taxes). Such delivery shall be made within 10 days after exercise of the Warrant and at the Company's expense and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be promptly delivered issued to Holderthe holder hereof within 10 days after exercise of the Warrant.

Appears in 1 contract

Samples: Series F Preferred Stock and Warrant Purchase Agreement (Phoenix Network Inc)

Method of Exercise; Payment; Issuance of New Warrant. Subject to the provisions of Section 1 2 hereof, the right to purchase Shares represented by this Warrant may be exercised by the Holder, in whole or in part, for the total number of Shares remaining available for exercise by the surrender of this Warrant (with the notice Notice of exercise form Exercise attached hereto as Exhibit Appendix A duly executed) at the principal office of the Company and by the payment to the Company, by check made payable to the Company drawn on a United States bank and for United States funds, or by delivery to the Company of evidence of cancellation of indebtedness of the Company to such Holder, of an amount equal to the then applicable Per Share Exercise Price per share multiplied by the number of Shares then shares for which this Warrant is being purchased or by net exercise pursuant to Section 6 hereofexercised. In the event of any exercise of the purchase right represented by this WarrantSection 3, the Company will, within in a reasonable time, use its best efforts to deliver certificates for the Shares shares of Common Stock so purchased shall be promptly delivered to the Holder and, unless this Warrant has been fully exercised or has expired, a new Warrant representing the portion of the Sharessuch shares, if any, with respect to which this Warrant shall not then have been exercised shall also be exercised. If any such exercise is rejected by the Company, the Company will promptly delivered return to HolderHolder all documentation furnished by the Holder hereunder.

Appears in 1 contract

Samples: Line of Credit Agreement (Antares Pharma Inc)

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