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

Method of Exercise; Payment; Issuance of New Warrant. The purchase right represented by this Warrant may be exercised by the Holder, in whole or in part, by: 3.1 the surrender of this Warrant (with an executed notice of exercise in the form attached hereto as Attachment A and an duly executed Investment Representation Statement in the form attached hereto as Attachment B) by delivery to the Company at its address set forth above (or such other address as it may designate by notice in writing to the Holder); and 3.2 the payment to the Company, by check, wire transfer, forgiveness of indebtedness, or any combination of the foregoing, of an amount equal to the then applicable Exercise Price per share multiplied by the number of Warrant Shares then being purchased. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the Warrant Shares purchasable hereunder. Upon receipt by the Company of this Warrant and such notice of exercise, together with, if applicable, the aggregate Exercise Price, at such office, or by the stock transfer agent or warrant agent of the Company at its office, the Holder shall be deemed to be the holder of record of the applicable Warrant Shares, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of the Warrant Shares.

Appears in 3 contracts

Samples: Warrant Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, Inc.)

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Method of Exercise; Payment; Issuance of New Warrant. The purchase right represented by this Warrant may be exercised by the Holder, in whole or in part, by: 3.1 3.1. the surrender of this Warrant (with an executed notice of exercise in the form attached hereto as Attachment A and an duly executed Investment Representation Statement in the form attached hereto as Attachment B) by delivery to the Company at its address set forth above (or such other address as it may designate by notice in writing to the Holder); and 3.2 3.2. the payment to the Company, by check, wire transfer, forgiveness of indebtedness, or any combination of the foregoing, of an amount equal to the then applicable Exercise Price per share multiplied by the number of Warrant Shares then being purchased. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the Warrant Shares purchasable hereunder. Upon receipt by the Company of this Warrant and such notice of exercise, together with, if applicable, the aggregate Exercise Price, at such office, or by the stock transfer agent or warrant agent of the Company at its office, the Holder shall be deemed to be the holder of record of the applicable Warrant Shares, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of the Warrant Shares.

Appears in 3 contracts

Samples: Warrant Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, Inc.)

Method of Exercise; Payment; Issuance of New Warrant. The Subject to Section 1 hereof, the purchase right represented by this Warrant may be exercised by the Holder, in whole or in part, by: 3.1 the 2.1 The surrender of this Warrant (with an executed the notice of exercise in the form attached hereto as Attachment A and an duly executed the Investment Representation Statement in the form attached hereto as Attachment BB duly executed) by delivery to at the Company at its address set forth above (or such other address as it may designate by notice in writing to principal office of the Holder)Company; and 3.2 the 2.2 The payment to the Company, by check, wire transfer, forgiveness of indebtedness, check or any combination of the foregoingwire, of an amount equal to the then applicable Exercise Price per share multiplied by the number of Warrant Shares then being purchased. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the Warrant Shares purchasable hereunder. Upon receipt by the Company of this Warrant and such notice of exercise, together with, if applicable, with the aggregate Exercise Price, at such its principal office, or by the stock transfer agent or warrant agent of the Company at its office, the Holder shall be deemed to be the holder of record of the applicable Warrant Shares, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of the Warrant Shares.

Appears in 2 contracts

Samples: Warrant Agreement (Anthera Pharmaceuticals Inc), Stock Purchase Warrant (Anthera Pharmaceuticals Inc)

Method of Exercise; Payment; Issuance of New Warrant. The Subject to Section 1 hereof, the purchase right represented by this Warrant may be exercised by the Holder, in whole or in part, by: 3.1 3.1. the surrender of this Warrant (with an executed notice of exercise in the form attached hereto as Attachment A B and an a duly executed Investment Representation Statement in the form attached hereto as Attachment BC) by delivery to the Company at its address set forth above (or such other address as it may designate by notice in writing to the Holder); and 3.2 3.2. the payment to the Company, by check, wire transfer, forgiveness of indebtedness, or any combination of the foregoing, of an amount equal to the then applicable Exercise Price per share multiplied by the number of Warrant Shares then being purchased. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the Warrant Shares purchasable hereunder. Upon receipt by the Company of this Warrant and such notice of exercise, together with, if applicable, the aggregate Exercise Price, at such office, or by the stock transfer agent or warrant agent of the Company at its office, the Holder shall be deemed to be the holder of record of the applicable Warrant Shares, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of the Warrant Shares.

Appears in 2 contracts

Samples: Warrant Agreement (Singulex Inc), Warrant Agreement (Singulex Inc)

Method of Exercise; Payment; Issuance of New Warrant. The Subject to Section 1 hereof, the purchase right represented by this Warrant may be exercised by the Holder, in whole or in part, by: 3.1 3.1. the surrender of this Warrant (with an executed notice of exercise in the form attached hereto as Attachment A B and an duly executed Investment Representation Statement in the form attached hereto as Attachment BC) by delivery to the Company at its address set forth above (or such other address as it may designate by notice in writing to the Holder); and 3.2 3.2. the payment to the Company, by check, wire transfer, forgiveness of indebtedness, or any combination of the foregoing, of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Warrant Shares then being purchased. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the Warrant Shares purchasable hereunder. Upon receipt by the Company of this Warrant and such notice of exercise, together with, if applicable, the aggregate Exercise Warrant Price, at such office, or by the stock transfer agent or warrant agent of the Company at its office, the Holder shall be deemed to be the holder of record of the applicable Warrant Shares, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of the Warrant Shares.

Appears in 2 contracts

Samples: Stock Purchase Warrant (Complete Genomics Inc), Warrant Agreement (Complete Genomics Inc)

Method of Exercise; Payment; Issuance of New Warrant. The Subject to Section 1 hereof, the purchase right represented by this Warrant may be exercised by the Holder, in whole or in part, by: 3.1 2.1 the surrender of this Warrant (with an executed the notice of exercise in the form attached hereto as Attachment A and an duly executed the Investment Representation Statement in the form attached hereto as Attachment BB duly executed) by delivery to at the Company at its address set forth above (or such other address as it may designate by notice in writing to principal office of the Holder)Company; and 3.2 2.2 the payment to the Company, by check, wire transfer, forgiveness of indebtedness, check or any combination of the foregoingwire, of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Warrant Shares then being purchased. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the Warrant Shares purchasable hereunder. Upon receipt by the Company of this Warrant and such notice of exercise, together with, if applicable, the aggregate Exercise Warrant Price, at such office, or by the stock transfer agent or warrant agent of the Company at its office, the Holder shall be deemed to be the holder of record of the applicable Warrant Shares, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of the Warrant Shares.

Appears in 1 contract

Samples: Warrant Agreement (Lightspan Partnership Inc)

Method of Exercise; Payment; Issuance of New Warrant. The Subject to ---------------------------------------------------- Section 1 hereof, the purchase right represented by this Warrant may be exercised by the Holder, in whole or in part, by: 3.1 2.1. the surrender of this Warrant (with an executed the notice of exercise in the form attached hereto as Attachment A and an duly executed the Investment Representation Statement in the form attached hereto as Attachment BB duly executed) by delivery to at the Company at its address set forth above (or such other address as it may designate by notice in writing to principal office of the Holder)Company; and 3.2 2.2. the payment to the Company, by check, wire transfer, forgiveness of indebtedness, check or any combination of the foregoingwire, of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Warrant Shares then being purchased. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the Warrant Shares purchasable hereunder. Upon receipt by the Company of this Warrant and such notice of exercise, together with, if applicable, the aggregate Exercise Warrant Price, at such office, or by the stock transfer agent or warrant agent of the Company at its principal executive office, the Holder shall be deemed to be the holder of record of the applicable Warrant Shares, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of the Warrant SharesShares to the registered owner of this Warrant.

Appears in 1 contract

Samples: Loan Agreement (Drkoop Com)

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Method of Exercise; Payment; Issuance of New Warrant. The Subject to Section 2 hereof, the purchase right represented by this Warrant may be exercised by the Holder, in whole or in part, by: 3.1 the The surrender of this Warrant (with an executed notice the Notice of exercise in the Exercise form attached hereto as Attachment A and an duly executed the Investment Representation Statement in the form attached hereto as Attachment BB duly executed) by delivery to at the Company at its address set forth above (or such other address as it may designate by notice in writing to principal office of the Holder)Company; and 3.2 the The payment to the Company, by check, check or wire transfer, forgiveness of indebtedness, transfer or any combination of the foregoing, of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Warrant Shares then being purchased. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the Warrant Shares purchasable hereunder. Upon receipt by the Company of this Warrant and such notice Notice of exerciseExercise, together with, if applicable, the aggregate Exercise Warrant Price, at such office, or by the stock transfer agent or warrant agent of the Company at its office, the Holder shall be deemed to be the holder of record of the applicable Warrant Shares, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of the Warrant Shares.

Appears in 1 contract

Samples: Collaborative Research Agreement (Codexis Inc)

Method of Exercise; Payment; Issuance of New Warrant. The Subject to Section 1 hereof, the purchase right represented by this Warrant may be exercised by the Holder, in whole or in part, by: 3.1 3.1. the surrender of this Warrant (with an executed notice of exercise in the form attached hereto as Attachment A and an duly executed Investment Representation Statement in the form attached hereto as Attachment B) by delivery to the Company at its address set forth above (or such other address as it may designate by notice in writing to the Holder); and 3.2 3.2. the payment to the Company, by check, wire transfer, forgiveness of indebtedness, or any combination of the foregoing, of an amount equal to the then applicable Exercise Warrant Price per share multiplied by the number of Warrant Shares then being purchased. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the Warrant Shares purchasable hereunder. Upon receipt by the Company of this Warrant and such notice of exercise, together with, if applicable, the aggregate Exercise Warrant Price, at such office, or by the stock transfer agent or warrant agent of the Company at its office, the Holder shall be deemed to be the holder of record of the applicable Warrant Shares, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of the Warrant Shares.

Appears in 1 contract

Samples: Warrant Agreement (Complete Genomics Inc)

Method of Exercise; Payment; Issuance of New Warrant. The Subject to Section 1 hereof, the purchase right represented by this Warrant may be exercised by the Holder, in whole or in part, by: 3.1 2.1 the surrender of this Warrant (with an executed the notice of exercise in the form attached hereto as Attachment A and an duly executed the Investment Representation Statement in the form attached hereto as Attachment BB duly executed) by delivery to at the Company at its address set forth above (or such other address as it may designate by notice in writing to principal office of the Holder)Company; andand 2 3.2 2.2 the payment to the Company, by check, wire transfer, forgiveness of indebtedness, check or any combination of the foregoingwire, of an amount equal to the then applicable Exercise Price per share multiplied by the number of Warrant Shares then being purchased. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant, execute and deliver a new Warrant evidencing the rights of the Holder thereof to purchase the balance of the Warrant Shares purchasable hereunder. Upon receipt by the Company of this Warrant and such notice of exercise, together with, if applicable, the aggregate Exercise Price, at such office, or by the stock transfer agent or warrant agent of the Company at its office, the Holder shall be deemed to be the holder of record of the applicable Warrant Shares, notwithstanding that the stock transfer books of the Company shall then be closed or that certificates representing such Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of the Warrant Shares.

Appears in 1 contract

Samples: Warrant Agreement (Lightspan Partnership Inc)

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