Method of Exercise; Payment of Purchase Price Sample Clauses

Method of Exercise; Payment of Purchase Price. The purchase rights represented by this Warrant may be exercised by the Holder, in whole or in part, at any time, or from time to time, during the Exercise Period by the surrender of this Warrant (with a duly executed Exercise Form specifying the number of Warrant Shares to be purchased) at the principal office of the Company, and by the payment to the Company in cash, by certified, cashier's or other check acceptable to the Company, of an amount equal to the aggregate Exercise Price for those Warrant Shares specified in the Exercise Form.
Sample 1
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Method of Exercise; Payment of Purchase Price. The purchase rights represented by this Warrant may be exercised by the Holder, in whole or in part (except as otherwise provided in this Section 3(a)), at any time, or from time to time, during the Exercise Period by the surrender of this Warrant at the principal office of the Company (with a duly signed Exercise Form specifying the number of Warrant Shares to be purchased), which signature shall be guaranteed by a bank or trust company having an office or correspondent in the United States, and by the payment to the Company of an amount equal to the aggregate Exercise Price for those Warrant Shares specified in the Exercise Form in one of the following forms (but not a combination thereof): (i) cash, (ii) certified, cashier's or other check acceptable to the Company, or (iii) in the event the Holder has used its best faith efforts to obtain third party financing to finance the aggregate Exercise Price and has been unsuccessful, cash in the aggregate amount of the par value of the Warrant Shares being purchased and delivery of a duly executed full recourse promissory note substantially in the form attached hereto as Exhibit B (the "Note") for the balance of the Exercise Price. Notwithstanding the foregoing, if the Company has provided BIOS Group, L.P. a notice of breach of the OptiMark/BIOS Agreement pursuant to Article IX thereof, and such breach has not been cured in accordance with the terms of the OptiMark/BIOS Agreement, this Warrant may not be exercised until sixty (60) days have elapsed from the date of such written notice by the Company to BIOS Group, L.P. In the event that the Holder is entitled and elects to pay the aggregate Exercise Price by delivery of the Note, this Warrant may only be exercised by the Holder in whole and shall not be exercisable in part.
Sample 1
Method of Exercise; Payment of Purchase Price. (a) This option may be exercised by the Optionee by delivering to the Company a written notice specifying the number of vested Option Shares the Optionee then desires to purchase (the "Notice"). (b) Payment for the Option Shares purchased pursuant to the exercise of the option shall be made either: (i) in cash, by certified or bank check or other instrument acceptable to the Option Committee equal to the option price for the number of shares specified in the Notice (the "Total Option Price"); (ii) by delivery of shares of Common Stock having a fair market value, determined as provided in the Plan, equal to or less than the Total Option Price, plus cash in an amount equal to the excess, if any, of the Total Option Price over the fair market value of such shares of Common Stock; (iii) by delivery to the Company of a properly executed exercise notice together with irrevocable instructions to a broker to promptly deliver to the Company cash or a check payable and acceptable to the Company to pay the Total Option Price; provided that in the event the Optionee chooses to pay the Total Option Price as so provided, the Optionee and the broker shall comply with such procedures and enter into such agreements of indemnity and other agreements as the Option Committee shall prescribe as a condition of such payment procedure; or (iv) a combination of (i), (ii) and (iii) above.
Sample 1
Method of Exercise; Payment of Purchase Price. (a) Any option granted under the Plan may be exercised by the Optionee in whole or, subject to Section 5(b) hereof, in part by delivering to the Company on any business day a written notice specifying the number of shares of Common Stock the Optionee then desires to purchase (the "Notice"). As a condition precedent to the exercise of any option (i) prior to the closing date of the Company's first underwritten public offering of the Common Stock, on or prior to the exercise date, the Optionee shall execute and deliver a Stockholders' Agreement with substantially the terms attached hereto as Exhibit A, which may --------- be amended from time to time and (ii) the Optionee shall pay or make arrangements for the payment of all taxes to be withheld, in accordance with Section 9 of the Plan. (b) Payment for the shares of Common Stock purchased pursuant to the exercise of an option shall be made either: (i) in cash, or by certified or bank check or other payment acceptable to the Company, equal to the option exercise price for the number of shares specified in the Notice (the "Total Option Price"); (ii) if authorized by the applicable option agreement and if permitted by law, by delivery of shares of Common Stock that the optionee may freely transfer having a fair market value, determined by reference to the provisions of Section 5(d) hereof, equal to or less than the Total Option Price, plus cash in an amount equal to the excess, if any, of the Total Option Price over the fair market value of such shares of Common Stock; or (iii) by the Optionee delivering the Notice to the Company together with irrevocable instructions to a broker to promptly deliver the Total Option Price to the Company in cash or by other method of payment acceptable to the Company; provided, however, that the Optionee and the broker shall comply with such procedures and enter into such agreements of indemnity or other agreements as the Company shall prescribe as a condition of payment under this clause (iii). (c) The delivery of certificates representing shares of Common Stock to be purchased pursuant to the exercise of an option will be contingent upon the Company's receipt of the Total Option Price and of any written representations from the Optionee required by the Option Committee, and the fulfillment of any other requirements contained in the option agreement or applicable provisions of law.
Sample 1

Related to Method of Exercise; Payment of Purchase Price

  • Method of Exercise Payment Issuance of New Warrant;

  • Payment of Purchase Price Upon Exercise At the time of any exercise, the Exercise Price of the Shares as to which this Option is exercised shall be paid in cash to the Company, unless, in accordance with the provisions of Section 4.2(c) of the Plan, the Board shall permit or require payment of the purchase price in another manner set forth in the Plan.

  • Adjustment of Purchase Price and Number of Shares The number of and kind of securities purchasable upon exercise of this Warrant and the Purchase Price shall be subject to adjustment from time to time as follows:

  • Payment of Purchase Price The Purchase Price shall be paid as follows:

  • Payment of Exercise Price In the event that the holder has elected a Cash Exercise with respect to some or all of the Warrant Shares to be issued pursuant hereto, the holder shall pay the Aggregate Exercise Price in the sum of $___________________ to the Company in accordance with the terms of the Warrant.

  • Method of Exercise and Payment Subject to Section 8 hereof, to the extent that the Option has become vested and exercisable with respect to a number of shares of Common Stock as provided herein, the Option may thereafter be exercised by the Participant, in whole or in part, at any time or from time to time prior to the expiration of the Option as provided herein and in accordance with Sections 6.4(c) and 6.4(d) of the Plan, including, without limitation, by the filing of any written form of exercise notice as may be required by the Committee and payment in full of the Per Share Exercise Price specified above multiplied by the number of shares of Common Stock underlying the portion of the Option exercised.

  • Method of Exercise Holder may exercise this Warrant by delivering a duly executed Notice of Exercise in substantially the form attached as Appendix 1 to the principal office of the Company. Unless Holder is exercising the conversion right set forth in Article 1.2, Holder shall also deliver to the Company a check, wire transfer (to an account designated by the Company), or other form of payment acceptable to the Company for the aggregate Warrant Price for the Shares being purchased.

  • Adjustment of Exercise Price and Number of Shares The number of and kind of securities purchasable upon exercise of this Warrant and the Exercise Price shall be subject to adjustment from time to time as follows:

  • Adjustment of Exercise Price and Number of Shares upon Issuance of Common Stock Except as otherwise provided in Paragraphs 4(c) and 4(e) hereof, if and whenever on or after the date of issuance of this Warrant, the Company issues or sells, or in accordance with Paragraph 4(b) hereof is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share (before deduction of reasonable expenses or commissions or underwriting discounts or allowances in connection therewith) less than the Market Price on the date of issuance (a "Dilutive Issuance"), then immediately upon the Dilutive Issuance, the Exercise Price will be reduced to a price determined by multiplying the Exercise Price in effect immediately prior to the Dilutive Issuance by a fraction, (i) the numerator of which is an amount equal to the sum of (x) the number of shares of Common Stock actually outstanding immediately prior to the Dilutive Issuance, plus (y) the quotient of the aggregate consideration, calculated as set forth in Paragraph 4(b) hereof, received by the Company upon such Dilutive Issuance divided by the Market Price in effect immediately prior to the Dilutive Issuance, and (ii) the denominator of which is the total number of shares of Common Stock Deemed Outstanding (as defined below) immediately after the Dilutive Issuance.

  • Determination of Purchase Price The Securities Administrator will be responsible for determining the Purchase Price for any Mortgage Loan that is sold by the Trust or with respect to which provision is made for the escrow of funds pursuant to this Section 2.03 and shall at the time of any purchase or escrow certify such amounts to the Depositor; provided that the Securities Administrator may consult with the Servicer to determine the Purchase Price unless the Servicer is the Purchaser of such Mortgage Loan. If, for whatever reason, the Securities Administrator shall determine that there is a miscalculation of the amount to be paid to the Trust, the Securities Administrator shall from monies in a Distribution Account return any overpayment that the Trust received as a result of such miscalculation to the applicable Purchaser upon the discovery of such overpayment, and the Securities Administrator shall collect from the applicable Purchaser for deposit to the Securities Account any underpayment that resulted from such miscalculation upon the discovery of such underpayment. Recovery may be made either directly or by set-off of all or any part of such underpayment against amounts owed by the Trust to such Purchaser.

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