No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 598 contracts
Samples: Loan and Security Agreement (Contineum Therapeutics, Inc.), Warrant Agreement (89bio, Inc.), Warrant Agreement (EBR Systems, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (ia) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (iib) the then-effective Warrant Price.
Appears in 33 contracts
Samples: Warrant Agreement (Vapotherm Inc), Warrant Agreement (Rocket Lab USA, Inc.), Warrant Agreement (Vapotherm Inc)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down up to the nearest whole Share. If a fractional Share interest arises upon any exercise of the WarrantWarrant (including as a result of a cashless exercise pursuant to Section 2.2 above), the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value Fair Market Value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 11 contracts
Samples: Credit Agreement (Sonendo, Inc.), Warrant Agreement (Sonendo, Inc.), Warrant Agreement (Sonendo, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Exercise Price.
Appears in 9 contracts
Samples: Warrant to Purchase Stock (Verastem, Inc.), Warrant Agreement (Vapotherm Inc), Warrant Agreement (Vapotherm Inc)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 1.2 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 8 contracts
Samples: Warrant Agreement (Aemetis, Inc), Warrant Agreement (Aemetis, Inc), Warrant Agreement (Venus Concept Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise or conversion of this the Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise or conversion of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section Article 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 8 contracts
Samples: Warrant Agreement (iRhythm Technologies, Inc.), Warrant Agreement (iRhythm Technologies, Inc.), Warrant Agreement (iRhythm Technologies, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the this Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 8 contracts
Samples: Novation and Amendment Agreement (MEI Pharma, Inc.), Funding Agreement (MEI Pharma, Inc.), Funding Agreement (Infinity Pharmaceuticals, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the this Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (ia) the fair market value Fair Market Value (as determined in accordance with Section 1.3 above) of a full Share, less (iib) the then-effective Warrant Price.
Appears in 6 contracts
Samples: Warrant Agreement (Beachbody Company, Inc.), Warrant Agreement (Beachbody Company, Inc.), Warrant Agreement (Beachbody Company, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value Fair Market Value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 6 contracts
Samples: Warrant Agreement, Warrant to Purchase Common Stock (Evelo Biosciences, Inc.), Warrant Agreement (Fennec Pharmaceuticals Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) Fair Market Value of a full Share, less (ii) the then-effective Warrant Price.
Appears in 4 contracts
Samples: Exchange and Purchase Agreement (Liveperson Inc), Warrant Agreement (Liveperson Inc), Warrant Agreement (SANUWAVE Health, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the this Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) Fair Market Value of a full Share, less (ii) the then-effective Warrant Price.
Appears in 4 contracts
Samples: Warrant Agreement (Lombard Medical, Inc.), Warrant Agreement (Lombard Medical, Inc.), Warrant Agreement (Lombard Medical, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full ShareShare on the date of exercise, less (ii) the then-effective Warrant Price.
Appears in 3 contracts
Samples: Warrant Agreement (Durata Therapeutics, Inc.), Warrant Agreement (Relypsa Inc), Warrant Agreement (Relypsa Inc)
No Fractional Share. No fractional Share shall be is issuable upon exercise of this Warrant Warrant, and the number of the Shares to be issued shall will be rounded down to the nearest whole Share. If a fractional Share interest arises upon any an exercise of the this Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying that is the product of (a) the fractional interest by and (b) the difference between (i) the fair market value (as determined in accordance with Section 1.3 above) Fair Market Value of a full Share, less one Share and (ii) the then-effective Warrant Price.
Appears in 3 contracts
Samples: Warrant Agreement (Vitro Biopharma, Inc.), Warrant Agreement (Vitro Biopharma, Inc.), Warrant Agreement (Vitro Biopharma, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value of a full Share (as determined in accordance with Section 1.3 above) of a full Share), less (ii) the then-effective Warrant Price.
Appears in 3 contracts
Samples: Warrant Agreement (Phreesia, Inc.), Warrant Agreement (Phreesia, Inc.), Warrant Agreement (Phreesia, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 3 contracts
Samples: Warrant Agreement (MTBC, Inc.), Warrant Agreement (MTBC, Inc.), Warrant Agreement (MTBC, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash or cash equivalents the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 2 contracts
Samples: Warrant Agreement (ThredUp Inc.), Warrant Agreement (ThredUp Inc.)
No Fractional Share. No fractional Common Share shall be issuable upon exercise of this Warrant and the number of Common Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Common Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Common Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Common Share, less (ii) the then-effective Warrant Price.
Appears in 2 contracts
Samples: Warrant Agreement (Decipher Biosciences, Inc.), Warrant Agreement (Decipher Biosciences, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 1.4 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 2 contracts
Samples: Warrant Agreement (Leo Holdings III Corp.), Warrant Agreement (Local Bounti Corporation/De)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. , If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 2 contracts
Samples: Warrant Agreement (Sientra, Inc.), Warrant Agreement (Sientra, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.,
Appears in 2 contracts
Samples: Warrant Agreement (Switchback Energy Acquisition Corp), Warrant Agreement (XOOM Corp)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 2 contracts
Samples: Warrant Agreement (Sutro Biopharma Inc), Warrant Agreement (Sutro Biopharma Inc)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (ia) the fair market value (as determined in accordance with Section 1.3 1.4 above) of a full Share, less (iib) the then-effective Warrant Price.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Eos Energy Enterprises, Inc.), Warrant Agreement (Eos Energy Enterprises, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full frill Share, less (ii) the then-effective Warrant Price.
Appears in 2 contracts
Samples: Warrant Agreement (Carbylan Therapeutics, Inc.), Warrant Agreement (Carbylan Therapeutics, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full lull Share, less (ii) the then-effective Warrant Price.
Appears in 2 contracts
Samples: Warrant Agreement (Carbylan Therapeutics, Inc.), Warrant Agreement (Carbylan Therapeutics, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the this Warrant, the Company shall eliminate such fractional Share interest by paying the Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 2(b)(ii) above) of a full Share, less (ii) the then-effective Warrant Exercise Price.
Appears in 2 contracts
Samples: Merger Agreement (Applovin Corp), Warrant Agreement (Applovin Corp)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 2.4 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 2 contracts
Samples: Warrant Agreement (Forescout Technologies, Inc), Warrant Agreement (Forescout Technologies, Inc)
No Fractional Share. No fractional Share shall be issuable upon exercise or conversion of this the Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise or conversion of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 1 contract
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective applicable Warrant Price.
Appears in 1 contract
No Fractional Share. No fractional Share shall be issuable issued upon exercise of this Warrant Warrant, and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the this Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the an amount computed by multiplying the equal to (a) such fractional interest interest, multiplied by (ib)(i) the fair market value (as determined in accordance with Section 1.3 2.3 above) of a full Share, less (ii) the then-effective Warrant Exercise Price.
Appears in 1 contract
Samples: Stock Purchase Warrant (KORU Medical Systems, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 1 contract
No Fractional Share. No fractional Share shall be issuable issued upon exercise of this Warrant Warrant, and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the this Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the an amount computed equal to such fractional interest, multiplied by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) based on the closing price of such common stock on the day of exercise of a full Share) (the “Fractional Share Value”), less (ii) the then-effective Warrant Priceunless Holder otherwise elects, in its sole discretion, to waive such payment.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Calidi Biotherapeutics, Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 1 contract
Samples: Warrant Agreement (908 Devices Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying the Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value Fair Market Value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 1 contract
Samples: Credit and Security Agreement (Greenbrook TMS Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (ia) the fair market value Fair Market Value (as determined in accordance with Section 1.3 above) of a full Share, less (iib) the then-effective Warrant Price.
Appears in 1 contract
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying the Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value Fair Market Value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price..
Appears in 1 contract
Samples: Credit and Security Agreement (Greenbrook TMS Inc.)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant then‑effective Exercise Price.
Appears in 1 contract
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the this Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 1.4 above) of a full Share, less (ii) the then-effective Warrant Price.
Appears in 1 contract
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-then effective Warrant Price.
Appears in 1 contract
Samples: Warrant Agreement (Tocagen Inc)
No Fractional Share. No fractional Share shall be issuable upon exercise of this Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. If a fractional Share interest arises upon any exercise of the Warrant, the Company shall eliminate such fractional Share interest by paying Holder in cash the amount computed by multiplying the fractional interest by (i) the fair market value (as determined in accordance with Section 1.3 above) of a full Share, less (ii) the then-effective Warrant Price..
Appears in 1 contract