No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder would otherwise be entitled, such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), or (ii) a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 4 contracts
Samples: Purchase Agreement (Wangh Jordan S), Purchase Agreement (World Web Publishing.com Corp), Rights Agreement (Netratings Inc)
No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder would otherwise be entitled, such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value Fair Market Value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), ) or (ii) a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 4 contracts
Samples: Pc Tel Inc, Pc Tel Inc, Pc Tel Inc
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Share to which such the Holder as the holder would otherwise be entitled, such holder the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share Share above the Exercise Price for such fractional share (as mutually determined by in good faith be the Company and the Holder), Company) or (ii) a whole share Share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 4 contracts
Samples: Universal Automotive Industries Inc /De/, Universal Automotive Industries Inc /De/, Universal Automotive Industries Inc /De/
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder Holder would otherwise be entitled, such holder Holder shall be entitled, at its option, to receive either (ia) a cash payment equal to the excess of the fair market value Fair Market Value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), ) or (iib) a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 3 contracts
Samples: Registration Rights Agreement (Cardiac Pathways Corp), Registration Rights Agreement (Cardiac Pathways Corp), Stock Purchase Agreement (Morgan Stanley Dean Witter & Co)
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Share to which such holder would otherwise be entitled, such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share Share above the Exercise Price for such fractional share Share (as mutually determined by the Company and the Holder), holder) or (ii) a whole share Share if the Holder holder tenders the Exercise Price for one whole shareShare.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Computron Software Inc), Securities Purchase Agreement (London Merchant Securities PLC), London Merchant Securities PLC
No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise or conversion of this Warrant. In lieu of any fractional share to which such holder would otherwise be entitled, such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), holder) or (ii) a whole share if the Holder holder tenders the Exercise Price for one whole share.
Appears in 2 contracts
Samples: Evolve Software Inc, Evolve Software Inc
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder would otherwise be entitled, such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value Fair Market Value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), or (ii) a whole share if the Holder tenders the Exercise Price for one whole share.the
Appears in 2 contracts
Samples: Marketing Agreement (Interactive Pictures Corp), Warrant Agreement (Interactive Pictures Corp)
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Share to which such the Holder as the holder hereof would otherwise be entitled, such holder the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share Share above the Exercise Price for such fractional share (as mutually determined in good faith by the Company and the Holder), Company) or (ii) a whole share Share if the Holder tenders the Exercise Price for one whole share.
Appears in 2 contracts
Samples: First Montauk Financial Corp, First Montauk Financial Corp
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder would otherwise be entitled, such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value Fair Market Value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), ) or (ii) a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 2 contracts
Samples: Monolithic System Technology Inc, Monolithic System Technology Inc
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder would otherwise be entitled, such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value Fair Market Value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), ) or (ii) a ii)a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Monolithic System Technology Inc), Termination Agreement (Monolithic System Technology Inc)
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Share to which such holder the Holder would otherwise be entitled, such holder the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share Share above the Exercise Price for such fractional share (as mutually determined in good faith by the Company and the Holder), Company) or (ii) a whole share Share if the Holder tenders the Exercise Price for one whole shareShare.
Appears in 1 contract
Samples: Universal Access Global Holdings Inc
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. In lieu of any fractional share to which such holder would otherwise be entitled, such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), holder) or (ii) a whole share if the Holder holder tenders the Exercise Price for one whole share.
Appears in 1 contract
Samples: Fafco Inc
No Fractional Shares or Scrip. No fractional shares or scrip representing requesting fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share called for upon the exercise of this Warrant, an amount equal to which such holder would otherwise be entitled, such holder fraction multiplied by the then current value of a share of Warrant Common Stock (as determined in good faith by the Board of Directors of the Company) shall be entitled, at its option, to receive either (i) a cash payment equal paid to the excess of the fair market value for such fractional share above the Exercise Price for such fractional share (as mutually determined Holder hereof in cash by the Company and the Holder), or (ii) a whole share if the Holder tenders the Exercise Price for one whole shareCompany.
Appears in 1 contract
Samples: Security Agreement (Cyberguard Corp)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder Holder would otherwise be entitled, such holder Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value Fair Market Value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), ) or (ii) a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
Samples: Netratings Inc
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Share to which such the Holder as the holder would otherwise be entitled, such holder the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share Share above the Exercise Price for such fractional share (as mutually determined by in good faith be the Company and the Holder), Company) or (ii) a whole share Share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which such holder Holder would otherwise be entitled, such holder Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share above the Exercise Price for such fractional share (as mutually determined in good faith by the Company and the Holder), Company’s board of directors) or (ii) a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
Samples: Common Stock (Cvent Inc)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which such holder would otherwise each Warrant Share may be entitled, such holder purchased hereunder shall be entitled, at its option, to receive either (i) a paid in cash payment equal to the excess of the fair market value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), or (ii) a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Nanosphere Inc)
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Share to which such holder the Holder would otherwise be entitled, such holder the Holder shall be entitled, at its option, entitled to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share Share above the Exercise Price for such fractional share (as mutually determined in good faith by the Company and the HolderCompany), or (ii) a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
Samples: Registration Rights Agreement (Horizon Offshore Inc)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share to which such holder would otherwise be entitledcalled for upon the exercise of this Warrant, such holder shall be entitled, at its option, to receive either (i) a cash payment an amount equal to such fraction multiplied by the excess of the then current fair market value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and in accordance with Section 2(b)(i)) of a Share shall be paid in cash to the Holder), or (ii) a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
Samples: Second Sight Medical Products Inc
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Warrant Share to which such the Holder as the holder would otherwise be entitled, such holder the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share Warrant Share above the Exercise Price for such fractional share (as mutually determined in good faith by the Company and the Holder), Company) or (ii) a whole share Warrant Share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of the rights under this Warrant. In lieu of any such fractional share to which such holder the Holder would otherwise be entitled, such holder shall be entitled, at its option, to receive the Company may either (i) make a cash payment equal to the excess of the fair market value Exercise Price multiplied by such fraction or issue scrip or a warrant for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), or (ii) a whole share if which shall entitle the Holder tenders to receive a full share upon the Exercise Price for one whole surrender of such scrip or warrants aggregating a full share.
Appears in 1 contract
Samples: Cloudastructure, Inc.
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the current Fair Market Value at which such holder would otherwise each share may be entitled, such holder purchased hereunder shall be entitled, at its option, to receive either (i) a paid in cash payment equal to the excess of the fair market value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), or (ii) a whole share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall will be issued upon the exercise of this Warrant. In lieu of any fractional share to which such a holder would otherwise be entitled, such holder shall will be entitledentitled to receive, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional share above the Exercise Price for such fractional share (as mutually determined by the Company and the Holder), holder) or (ii) a whole share if the Holder holder tenders the Exercise Price for one whole share.
Appears in 1 contract
Samples: Telscape International Inc