Common use of Net Issue Exercise Clause in Contracts

Net Issue Exercise. In lieu of exercising this Warrant, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of Shares to be issued to the Holder. Y = the number of Shares purchasable under this Warrant. A = the fair market value of one share of the Company's Common Stock. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 4 contracts

Samples: Stock Purchase and Sale Agreement (Transmedia Network Inc /De/), Stock Purchase and Sale Agreement (Chasen Melvin), Assignment Agreement (Samstock LLC)

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Net Issue Exercise. In lieu of exercising this WarrantWarrant for cash, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) X = ------- A Where X = the number of Shares to be issued to the Holder. Y = the number of Shares purchasable under this Warrant. A = the fair market value of one share of the Company's Common Stock, as defined below. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 2 contracts

Samples: Common Stock and Warrant Issuance Agreement (Wink Communications Inc), Common Stock and Warrant Issuance Agreement (Wink Communications Inc)

Net Issue Exercise. In lieu of exercising this Warrant, the Holder may also elect to receive Shares shares equal to the value of this Warrant (or the of any portion thereof being canceledremaining unexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to Holder the Holder a number of shares of the Company's ’s Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of Shares shares of Stock to be issued to the Holder. Y = the number of Shares shares of Stock purchasable under this WarrantWarrant (at the date of such calculation). A = the fair market value Fair Market Value of one share of the Company's ’s Common StockStock (at the date of such calculation). B = the Exercise Warrant Price (as adjusted to the date of such calculation).

Appears in 2 contracts

Samples: Warrant Agreement (Precision Therapeutics Inc), Warrant Agreement (Precision Therapeutics Inc)

Net Issue Exercise. (i) In lieu of exercising this Warrant, the Holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = (Y (A-B) ------- A B))/A Where X = the number of Shares shares of Common Stock to be issued to the Holder. Y = the number of Shares shares of Common Stock purchasable under this Warrant. A = the fair market value Fair Market Value of one share of the Company's Common Stock. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 2 contracts

Samples: Warrant Agreement (Media Metrix Inc), Warrant Agreement (Media Metrix Inc)

Net Issue Exercise. In lieu of exercising this Warrant, the ------------------ Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock Shares computed using the following formula: X = Y (A-B) ------- A Where X = the number of the Shares to be issued to the Holder. Y = the number of the Shares purchasable under this Warrant. A = the fair market value of one share Share on the date of the Company's Common Stockdetermination. B = the per share Exercise Price (as adjusted to the date of such calculation).

Appears in 2 contracts

Samples: Warrant Agreement (Emachines Inc /De/), Warrant Agreement (Emachines Inc /De/)

Net Issue Exercise. In lieu of exercising this Warrant, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (AY(A-B) ------- ------ A Where X = the number of Shares to be issued to the Holder. Y = the number of Shares purchasable under this Warrant. A = the fair market value of one share of the Company's Common Stock. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Standby Purchase Agreement (Samstock LLC)

Net Issue Exercise. In lieu of exercising this WarrantWarrant for cash, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- A Where Where: X = the number of Shares to be issued to the Holder. Y = the number of Shares purchasable under this Warrant. A = the fair market value of one share of the Company's Common Stock. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Wink Communications Inc)

Net Issue Exercise. In lieu of exercising this Warrant, the Holder may also elect to receive Shares shares equal to the value of this Warrant (or the of any portion thereof being canceledremaining unexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to Holder the Holder a number of shares of the Company's ’s Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of Shares shares of Stock to be issued to the Holder. Y = the number of Shares shares of Stock purchasable under this WarrantWarrant (at the date of such calculation). A = the fair market value Fair Market Value of one share of the Company's ’s Common StockStock (at the date of such calculation). B = the Exercise Warrant Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Warrant Agreement (Cyberkinetics Neurotechnology Systems, Inc.)

Net Issue Exercise. In lieu of exercising this WarrantWarrant for cash, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of Shares to be issued to the Holder. Y = the number of Shares purchasable under this Warrant. A = the fair market value of one share of the Company's Common Stock. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Warrant Issuance Agreement (Wink Communications Inc)

Net Issue Exercise. In lieu of exercising this Warrant, the Holder may also elect to receive Shares shares equal to the value of this Warrant (or the of any portion thereof being canceledremaining unexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to Holder the Holder a number of shares of the Company's ’s Common Stock computed using the following formula: X = Y (AY(A-B) ------- A Where X = the number of Shares shares of Stock to be issued to the Holder. Y = the number of Shares shares of Stock purchasable under this WarrantWarrant (at the date of such calculation). A = the fair market value Fair Market Value of one share of the Company's ’s Common StockStock (at the date of such calculation). B = the Exercise Warrant Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Warrant Agreement (Precision Therapeutics Inc)

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Net Issue Exercise. In lieu of exercising this Warrant, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of Shares to be issued to the Holder. Y = the number of Shares purchasable under this Warrant. Warrant (or the portion thereof being cancelled) A = the fair market value of one share of the Company's Common Stock. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Samstock LLC)

Net Issue Exercise. In lieu of exercising this Warrant, ------------------ the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- ------ A Where X = the number of Shares to be issued to the Holder. Y = the number of Shares purchasable under this Warrant. A = the fair market value of one share of the Company's Common Stock. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Genesys Telecommunications Laboratories Inc)

Net Issue Exercise. In lieu of exercising this WarrantWarrant for cash, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (AY(A-B) ------- ------ A Where X = the number of Shares to be issued to the Holder. Y = the number of Shares purchasable under this Warrant. A = the fair market value of one share of the Company's Common Stock. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Warrant Issuance Agreement (Wink Communications Inc)

Net Issue Exercise. In lieu of exercising this WarrantWarrant pursuant to Section 1 above, the Holder may elect to receive a number of Warrant Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock Warrant Shares computed using the following formula: X = Y (A-B) ------- A Where X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares purchasable under this Warrant. A = the fair market value of one share Warrant Share on the date of the Company's Common Stockdetermination. B = the per share Exercise Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Convertible Note and Warrant Purchase Agreement (Eco2 Plastics Inc)

Net Issue Exercise. In lieu of exercising this Warrant, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceledexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = x=Y (A-B-B) ------- ---- A Where X = the number of Shares to be issued to the Holder. Y = the number of Shares purchasable under this WarrantWarrant (or the portion thereof being exercised). A = the fair market value Fair Market Value of one share of the Company's Common Stock. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Warrant Agreement (Wink Communications Inc)

Net Issue Exercise. In lieu of exercising this Warrant, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election, in which event the Company shall issue to the Holder a number of shares of the Company's Common Stock computed using the following formula: X = Y (A-B) ------- ------ A Where X = the number of Shares to be issued to the Holder. Y = the number of Shares purchasable under this Warrant. A = the fair market value of one share of the Company's Common Stock. B = the Exercise Price (as adjusted to the date of such calculation).

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Transmedia Investors LLC)

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