Common use of Net Issue Election Clause in Contracts

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock as is computed using the following formula:

Appears in 15 contracts

Samples: Preferred Stock Purchase Warrant (On Deck Capital Inc), Preferred Stock Purchase Warrant (On Deck Capital Inc), Preferred Stock Purchase Warrant (On Deck Capital Inc)

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Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to portion, together with a duly executed notice of exercise in the Company, with the net issue election notice annexed form attached hereto duly executedas Exhibit B, at the principal office of the CompanyIssuer. Thereupon, the Company Issuer shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:: Where

Appears in 7 contracts

Samples: Warrant Agreement (Xplore Technologies Corp), Note Purchase Agreement (Xplore Technologies Corp), Letter of Credit Reimbursement, Compensation and Security Agreement (Xplore Technologies Corp)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Common Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:

Appears in 5 contracts

Samples: Common Stock Purchase Warrant (Anacor Pharmaceuticals, Inc.), Loan and Security Agreement (Codexis Inc), Loan and Security Agreement (ARYx Therapeutics, Inc.)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to (together with a duly executed notice of exercise in the Company, with the net issue election notice annexed form attached hereto duly executed, as Exhibit A-2) at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock as is computed using the following formula:: Where

Appears in 4 contracts

Samples: Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to (together with a duly executed notice of exercise in the Company, with the net issue election notice annexed form attached hereto duly executed, as Exhibit A-2) at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:: X = Y (A-B) ------- A Where

Appears in 3 contracts

Samples: Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (Micros to Mainframes Inc), Warrant Agreement (Micros to Mainframes Inc)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock as is computed using the following formula:: Y (A-B) ------ X= A

Appears in 2 contracts

Samples: Preferred Stock Purchase Warrant (Rigel Pharmaceuticals Inc), Warrant Agreement (Rigel Pharmaceuticals Inc)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to (together with a duly executed notice of exercise in the Company, with the net issue election notice annexed form attached hereto duly executed, as Exhibit A-2) at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:: X = Y (A-B) Where

Appears in 2 contracts

Samples: Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to (together with a duly executed notice of exercise in the Company, with the net issue election notice annexed form attached hereto duly executed, as Exhibit A-2) at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:

Appears in 2 contracts

Samples: Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Common Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto Notice of Exercise duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable non-assessable shares of Preferred Common Stock as is computed using the following formula: Where:

Appears in 2 contracts

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

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to (together with a duly executed notice of exercise in the Company, with the net issue election notice annexed form attached hereto duly executed, as Exhibit A-2) at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock as is computed using the following formula:: X = Y (A-B) A Where

Appears in 2 contracts

Samples: Warrant Agreement (MTM Technologies, Inc.), Warrant Agreement (MTM Technologies, Inc.)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock Shares equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock Shares as is computed using the following formula:

Appears in 2 contracts

Samples: Loan Agreement (Enerkem Inc.), Preferred Share Purchase Warrant (Enerkem Inc.)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Common Stock Warrant or any portion hereof by the surrender of this Common Stock Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:: X = Y (A-B) where

Appears in 1 contract

Samples: Common Stock Warrant (Voxware Inc)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to (together with a duly executed notice of exercise in the Company, with the net issue election notice annexed form attached hereto duly executed, as Exhibit A-2) at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:: Where

Appears in 1 contract

Samples: Warrant Agreement (Micros to Mainframes Inc)

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Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value (as determined below) of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula: X = Y (A-B) ------- A where:

Appears in 1 contract

Samples: Warrant Agreement (Websense Inc)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the CompanyCompany (the “Net Exercise”), with the net issue election notice annexed hereto initialed in the Warrant Exercise Form duly executed, at the principal office of the Company. Thereupon, the Company shall will issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock of the Company as is computed using the following formula:

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Kempharm, Inc)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock as is computed using the following formula: 1. X= Y(A-B)

Appears in 1 contract

Samples: Preferred Stock Purchase Warrant (Aruba Networks, Inc.)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Common Stock equal to the value of the this Warrant or any portion hereof thereof by the surrender of this the Warrant or such portion to the Company, together with a duly completed Net Issue Election Notice, in the net issue election notice annexed form attached hereto duly executedas Exhibit B, at the principal office of the Company. Thereupon, in which event the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula: X = Y (A - B) --------- A Where:

Appears in 1 contract

Samples: Warrant Agreement (Protein Polymer Technologies Inc)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock as is computed using the following formula:: Zoosk, Inc. Warrant

Appears in 1 contract

Samples: Preferred Stock Purchase Warrant (Zoosk, Inc)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to (together with a duly executed notice of exercise in the Company, with the net issue election notice annexed form attached hereto duly executed, as Annex B) at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:: X = Y (A-B) Where

Appears in 1 contract

Samples: Securities Purchase Agreement (Wentworth Ii Inc)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:: where

Appears in 1 contract

Samples: Security Agreement (Echo Therapeutics, Inc.)

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