Common use of No Fractional Shares or Scrip Clause in Contracts

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exercise.

Appears in 31 contracts

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

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No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 28 contracts

Samples: Warrant Agreement (LLR Equity Partners Lp), Warrant Agreement (Critical Path Inc), Placement Agency Agreement (Incara Pharmaceuticals Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such issuance of a fractional shares share upon any exercise hereunder, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall make a cash payment therefor upon be calculated on the basis of the Closing Market Price per share average closing price of the Class A Common Stock on during the Exercise Date for such five (5) Trading Days immediately preceding the date of exercise.

Appears in 19 contracts

Samples: Subscription Agreement (Moxian, Inc.), Credit Agreement (Abtech Holdings, Inc.), Credit Agreement (Abtech Holdings, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price then in effect multiplied by such exercisefraction.

Appears in 12 contracts

Samples: Loan Agreement (Xenonics Holdings, Inc.), Warrant Agreement (Xenonics Holdings, Inc.), Warrant Agreement (Xenonics Holdings, 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, but in lieu of such any fractional shares Share the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share closing sale price of the Class A Common Stock on the Exercise Date for such AMEX Stock Exchange (or any successor exchange or quotation system on which the Common Stock is listed or quoted) on the date of exercise.

Appears in 12 contracts

Samples: Note and Warrant Purchase Agreement (Galaxy Nutritional Foods Inc), Note and Warrant Purchase Agreement (Galaxy Nutritional Foods Inc), Warrant Agreement (Galaxy Nutritional Foods Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor upon for such fractional shares or scrip on the basis of the Closing Market Trading Price per share determined as of the Class A Common Stock on the Exercise Date for such date of exercise.

Appears in 12 contracts

Samples: Settlement Agreement, Warrant Agreement, Settlement and Release Agreement (Macatawa Bank Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon the basis of the Closing Market Price fair market value per share of the Class A Common Stock on the Exercise Date for such exercise.

Appears in 10 contracts

Samples: Warrant Agreement (Kior Inc), Warrant Agreement (Kior Inc), Senior Secured Promissory Note and Warrant Purchase Agreement (Kior Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis of difference between the Closing Market Price per share of the Class A Common Stock on and the Exercise Date for Price multiplied by such exercisefraction.

Appears in 10 contracts

Samples: Warrant Agreement (Healthaxis Inc), Warrant Agreement (Healthaxis Inc), Warrant Agreement (Tak Sharad Kumar)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 9 contracts

Samples: Term Loan Agreement (Strongbridge Biopharma PLC), Warrant Agreement (Strongbridge Biopharma PLC), Term Loan Agreement (Strongbridge Biopharma PLC)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis of the Closing Current Market Price per multiplied by such fraction or, at the Company's option, round such fractional share of to the Class A Common Stock on the Exercise Date for such exercisenearest whole share.

Appears in 8 contracts

Samples: Warrant Agreement (Concurrent Computer Corp/De), Warrant Agreement (Concurrent Computer Corp/De), Common Stock and Warrant Purchase Agreement (Seachange International Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis of the Closing Current Market Price per of one share of the Class A Common Stock on the Exercise Date for multiplied by such exercisefraction.

Appears in 7 contracts

Samples: Warrant Agreement (Spanish Broadcasting System Inc), Warrant Agreement (Spanish Broadcasting System Inc), Warrant Agreement (Spanish Broadcasting System Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exercisefair market value thereof then in effect.

Appears in 7 contracts

Samples: Warrant Agreement (Azitra Inc), Warrant Agreement (Azitra Inc), Warrant Agreement (Liquidia Technologies Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares Shares shall be issued upon the exercise of the rights under this Warrant, but in . In lieu of such fractional shares Share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 7 contracts

Samples: Subscription Agreement (Legend Biotech Corp), Warrant Agreement (Uxin LTD), Warrant Agreement (Joy Capital Opportunity, L.P.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis Exercise Price multiplied by such fraction contemporaneously with the issuance of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exerciseStock.

Appears in 6 contracts

Samples: Warrant Agreement (Immediatek Inc), Warrant Agreement (Immediatek Inc), Warrant Agreement (Immediatek 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, but in . In lieu of such any fractional shares Share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 6 contracts

Samples: Convertible Note Purchase Agreement (Ceres, Inc.), Convertible Note Purchase Agreement (Ceres, Inc.), Warrant Agreement (Ceres, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. As to any fraction of a share which Holder would otherwise be entitled to purchase upon such exercise, but in lieu of such fractional shares the Company shall make pay a cash payment therefor upon the basis adjustment in respect of such final fraction in an amount equal to such fraction multiplied by the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exerciseTrading Day.

Appears in 6 contracts

Samples: Security Agreement (Bio Key International Inc), Security Agreement (Bio Key International Inc), Security Agreement (Bio Key International 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, but in lieu of such fractional shares Shares, or scrip representing fractional Shares, the Company shall make a cash payment therefor upon on the basis of the Closing Fair Market Price Value per share of the Class A Common Stock on the Exercise Date for such exerciseShare then in effect.

Appears in 6 contracts

Samples: Warrant Agreement (Masonite International Corp), First Supplemental Trust Agreement (Masonite International Corp), Warrant Agreement (Masonite International Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon to the basis of the Closing Market Price per share of the Class A Common Stock Holder for such fractional shares based on the Exercise Date for such exercisePrice then in effect.

Appears in 5 contracts

Samples: Warrant Agreement (Graymark Healthcare, Inc.), Warrant Agreement (Graymark Healthcare, Inc.), Warrant to Purchase Common Stock (Macrosolve Inc)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares Share to which the Company Holder would otherwise be entitled, the Holder shall make be entitled to receive a cash payment therefor upon equal to the basis Market Price of the Closing Market Price per share of the Class A Common Stock on the last trading day preceding the date of exercise less the pro-rated Exercise Date Price for such exercisefractional share.

Appears in 5 contracts

Samples: Warrant to Purchase Common Stock (Giga Tronics Inc), Warrant Agreement (Giga Tronics Inc), Securities Purchase Agreement (Giga Tronics Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Warrant Price per share of the Class A Common Stock on the Exercise Date for such exercisethen in effect.

Appears in 5 contracts

Samples: Warrant Agreement (Debut Broadcasting Corporation, Inc.), Warrant Agreement (Daka International Inc), Warrant Agreement (Kabira Technologies Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis fair market value of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exercisefractional share.

Appears in 5 contracts

Samples: Loan Agreement (White Mountain Titanium Corp), Memorandum of Understanding (White Mountain Titanium Corp), Warrant Agreement (Alpharx Inc)

No Fractional Shares or Scrip. No Neither fractional shares or Shares nor scrip representing fractional shares shall Shares will be issued upon the exercise of the rights under this Warrant, but in . In lieu of such the issuance of a fractional shares Share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 5 contracts

Samples: Subscription Agreement, Warrant Agreement (Robot Cache US Inc.), Warrant Agreement (Robot Cache US 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, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Bid Price per share of the Class A Common Stock on the Exercise Date for such exercisethen in effect.

Appears in 5 contracts

Samples: Warrant Agreement (Rockdale Resources Corp), Warrant Agreement (Rockdale Resources Corp), Warrant Agreement (Rockdale Resources Corp)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares Share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis of the Closing Market Price per share of the Class A Common Stock on computed as of the Exercise Date trading day immediately preceding the date the Warrant is presented for exercise, multiplied by such exercisefraction of a Share.

Appears in 4 contracts

Samples: Preferred Stock and Warrant Purchase Agreement (Avaya Inc), Securities Purchase Agreement (Proxim Corp), Securities Purchase Agreement (Proxim Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis Market Price of the Closing Market Price per share of the Class A Common Stock on less the pro-rated Exercise Date Price for such exercisefractional share.

Appears in 4 contracts

Samples: Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value (as determined in good faith by the Company's Board of Directors) of one Warrant Share of the Class A Common Stock on the Exercise Date for such exercisetype in question.

Appears in 4 contracts

Samples: Warrant Agreement (International Wireless Communications Holdings Inc), Reimbursement Agreement (International Wireless Communications Holdings Inc), Support Services Agreement (International Wireless Communications Holdings Inc)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares Share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis Market Price of the Closing Market Price per share of the Class A Common Stock on the last trading day preceding the date of exercise less the Exercise Date Price for such exercisefractional share.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Occidental Petroleum Corp /De/), Securities Purchase Agreement (Bank of America Corp /De/), Investment Agreement (DBD Cayman, Ltd.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall will be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis fair market value of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exercisefractional share.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Western Goldfields Inc), Securities Agreement (Western Goldfields Inc), Securities Purchase Agreement (Western Goldfields Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such issuance of a fractional shares share upon any exercise hereunder, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall make a cash payment therefor upon be calculated on the basis of the Closing Fair Market Price per share of the Class A Common Stock on the Exercise Date for such exerciseValue.

Appears in 4 contracts

Samples: Warrant Agreement (Nuvel Holdings, Inc.), Warrant Agreement (Nuvel Holdings, Inc.), Warrant Agreement (Harmony Metals, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis fair market value (as defined in Section 3(c) hereof) of the Closing Market Price per share of the Class A Common Stock on such share, less the Exercise Date for Price, multiplied by such exercisefraction.

Appears in 4 contracts

Samples: Warrant Agreement (Tv Filme Inc), Warrant Agreement (Tv Filme Inc), Warrant to Purchase Common Stock (Tv Filme Inc)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of any Installment of this Warrant, but in . In lieu of such any fractional shares Share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 4 contracts

Samples: Intellectual Property Rights Agreement (Ceres, Inc.), Intellectual Property Rights Agreement (Ceres, Inc.), Warrant Agreement (Ceres, Inc.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares Share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis Market Price of the Closing Market Price per share of the Class A Common Stock on less the Exercise Date Price for such exercisefractional share.

Appears in 4 contracts

Samples: Investment Agreement (Gottschalks Inc), Investment Agreement (Mbia Inc), Investment Agreement (Mbia Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for then in effect, unless such exercisecash payment is less than one dollar ($1.00).

Appears in 3 contracts

Samples: Warrant Agreement (Vistula Communications Services, Inc.), Warrant Agreement (Vistula Communications Services, Inc.), Warrant Agreement (American Oriental Bioengineering Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exercisetherefor.

Appears in 3 contracts

Samples: Loan Agreement (Kyphon Inc), Convertible Note and Warrant Purchase Agreement (Curon Medical Inc), Warrant to Purchase Shares of Common Stock (Fusion Medical Technologies Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares share shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 3 contracts

Samples: Warrant Purchase Agreement (Avanex Corp), Agreement and Plan of Reorganization (Sanctuary Woods Multimedia Corp), Warrant Purchase Agreement (Avanex Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which Holder otherwise would be entitled, the Company shall make a cash payment therefor upon equal to the basis Fair Market Value of the Closing Market Price per one share of the Class A Company's Common Stock on the Exercise Date for as determined under Section 3(c) multiplied by such exercisefraction.

Appears in 3 contracts

Samples: Exclusive Patent License Agreement (Wildcap Energy Inc.), Option Agreement (Wildcap Energy Inc.), Option Agreement (WildCap Energy 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 thereof, but in lieu of such fractional shares the Company shall make a cash payment therefor upon shall be made equal to such fraction multiplied by the basis of the Closing Market Exercise Price per share of the Class A Common Stock on the Exercise Date for such exerciseas then in effect.

Appears in 3 contracts

Samples: Warrant Agreement (Orthovita Inc), Underwriting Agreement (Sac Technologies Inc), Underwriting Agreement (Sac Technologies Inc)

No Fractional Shares or Scrip. No fractional shares share or scrip representing fractional shares shall be issued upon the exercise of this Warrantthe Warrantholder’s right to purchase Common Stock, but in lieu of such fractional shares the Company shall make a cash payment therefor upon the basis of the Closing Market Exercise Price per share of the Class A Common Stock on the Exercise Date for such exercisethen in effect.

Appears in 3 contracts

Samples: License Agreement (Acorda Therapeutics Inc), License Agreement (Acorda Therapeutics Inc), Stock Warrant Agreement (Acorda Therapeutics Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing ----------------------------- fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 3 contracts

Samples: Warrant Agreement (Purchasepro Com Inc), Warrant Agreement (Purchasepro Com Inc), Warrant Agreement (Purchasepro Com Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon in an amount equal to such fraction multiplied by the basis Market Price of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such date of exercise.

Appears in 3 contracts

Samples: Investment Agreement (Third Coast Bancshares, Inc.), Warrant Agreement (Third Coast Bancshares, Inc.), Warrant Agreement (Third Coast Bancshares, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing ----------------------------- fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis of the Closing Current Market Price per multiplied by such fraction or, at the Company's option, round such fractional share of to the Class A Common Stock on the Exercise Date for such exercisenearest whole share.

Appears in 3 contracts

Samples: Warrant Agreement (Concurrent Computer Corp/De), Warrant Agreement (Concurrent Computer Corp/De), Warrant Agreement (Concurrent Computer Corp/De)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exercisefair market value determined in accordance with Section 3.

Appears in 3 contracts

Samples: Warrant Agreement (Softbank Holdings Inc Et Al), Warrant Agreement (Softbank Holdings Inc Et Al), Warrant Agreement (Softbank Holdings Inc Et Al)

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 shares that would otherwise be issuable, but the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay Holder in lieu cash the fair market value of such fractional shares the Company shall make a cash payment therefor upon the basis of share (based on the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exerciseSale Price).

Appears in 3 contracts

Samples: Security Agreement (Cornerworld Corp), Security Agreement (Cornerworld Corp), Common Stock Purchase Warrant (Cornerworld Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis product of the Closing Market Price per fair market value of a share of the Class A Common Company’s Preferred Stock on the Exercise Date for multiplied by such exercisefraction.

Appears in 3 contracts

Samples: Sublease (OncoMed Pharmaceuticals Inc), Sublease (OncoMed Pharmaceuticals Inc), Lease Agreement (OncoMed Pharmaceuticals Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares Warrant Shares shall be issued upon the exercise of this Warrant. If pursuant to an exercise of this Warrant the Holder would be entitled to a fractional Common Share, but in lieu of such fractional shares then the Company shall make round such fraction of a share of Common Stock up or down to the nearest whole share of Common Stock (with 0.5 rounded up), and no cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exercisewill be made in lieu thereof where rounded down.

Appears in 3 contracts

Samples: Warrant Agreement (NanoString Technologies Inc), Warrant Agreement (NanoString Technologies Inc), Subscription and Exchange Agreement (Comtech Telecommunications Corp /De/)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of any fractional shares as of the Class A Common Stock on the Exercise Date for time when entitlement to receive such exercisefractional shares is determined.

Appears in 3 contracts

Samples: Warrant Agreement (AEON Biopharma, Inc.), Warrant Agreement (AEON Biopharma, Inc.), Warrant Agreement (AEON Biopharma, Inc.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares Share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis Market Price of the Closing Market Price per share of the Class A Common Stock on the last Trading Day preceding the date of exercise less the pro-rated Exercise Date Price for such exercisefractional share.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Ecb Bancorp Inc), Securities Purchase Agreement (Ecb Bancorp Inc), Securities Purchase Agreement (Ecb Bancorp Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of any fractional shares as of the Class A Common Stock on the Exercise Date for time when entitlement to receive such exercisefractions is determined as determined in accordance with Section 4 above.

Appears in 2 contracts

Samples: Warrant Agreement (Long-E International, Inc.), Warrant Agreement (Yinlips Technology, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Fair Market Price per Value of one share as of the Class A Common Stock on the Exercise Date for such exercisetime of issuance.

Appears in 2 contracts

Samples: Warrant Agreement (HyreCar Inc.), Warrant Agreement (HyreCar Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of the Class A Company’s Common Stock on the Exercise Date for such exerciseStock.

Appears in 2 contracts

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

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares Share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis Market Price of the Closing Market Price per share of the Class A Common Stock on the last trading day preceding the date of exercise less the Exercise Date Price for such exercisefractional share; provided, however, that the Corporation may, at its option, round up to the nearest whole share of Common Stock in lieu of any cash payment.

Appears in 2 contracts

Samples: Securities Purchase Agreement (PostRock Energy Corp), Securities Purchase Agreement (PostRock Energy 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, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of the Class A Common Stock on the Exercise Date for such exercisea Share determined in accordance with Section 4.

Appears in 2 contracts

Samples: Standby Purchase Agreement (Waste Services, Inc.), Warrant Agreement (Capital Environmental Resource Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. With respect to any fraction of a share called for upon the exercise of this Warrant, but in lieu an amount equal to such fraction multiplied by the then current price at which each share of such fractional shares series of Preferred Stock may be purchased hereunder shall be paid in cash to the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exerciseHolder.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Nanosphere Inc), Note and Warrant Purchase Agreement (Nanosphere Inc)

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, but in . In lieu of such fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon to the basis of the Closing Market Price per share of the Class A Common Stock on Holder in an amount equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 2 contracts

Samples: Warrant Agreement (Actividentity Corp), Warrant Agreement (Actividentity Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall will be issued upon the exercise of this Warrant, but in lieu of such fractional shares a fraction of a share the Company shall will make a cash payment therefor upon on the basis of the Closing Market Price per share then-current fair market value of such fraction of a share, as determined in good faith by the Board of Directors of the Class A Common Stock on the Exercise Date for such exerciseCompany.

Appears in 2 contracts

Samples: Warrant Agreement (Neos Therapeutics, Inc.), Warrant Agreement (Neos Therapeutics, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares Warrant Shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares Warrant Share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis fair market value of the Closing Market Price per share of the Class A Common Stock one Warrant Share on the Exercise Date for last trading day ending prior to the payment date multiplied by such exercisefraction.

Appears in 2 contracts

Samples: Investment Agreement (Expedia Group, Inc.), Investment Agreement (Expedia Group, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon the basis of the Closing Market Price per then fair market value of one share of the Class A Common Stock on the Exercise Date for such exercisePreferred Stock.

Appears in 2 contracts

Samples: Warrant Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, 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, but in . In lieu of such any fractional shares Share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction, rounded up to the nearest cent.

Appears in 2 contracts

Samples: Manufacturing Agreement (Com21 Inc), Manufacturing Agreement (Com21 Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this the Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exercisetherefor.

Appears in 2 contracts

Samples: Series D Preferred Stock Purchase Agreement (Neothetics, Inc.), Warrant Agreement (Neothetics, Inc.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares Share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis Market Price of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for date of exercise multiplied by such exercisefraction, rounded to the nearest whole cent.

Appears in 2 contracts

Samples: Investment Agreement (NewStar Financial, Inc.), Investment Agreement (NewStar Financial, Inc.)

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, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis Volume Weighted Average Price of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for multiplied by such exercisefraction.

Appears in 2 contracts

Samples: Warrant Agreement (Sunrun Inc.), Warrant Agreement (Sunrun Inc.)

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No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. As to any fraction of a share which Holder would otherwise be entitled to purchase upon such exercise, but in lieu of such fractional shares the Company shall make a cash payment therefor upon to the basis Holder in respect of such fraction in an amount equal to the Closing Market Price per Value (as defined herein) of such fractional share of the Class A Common Stock on the Exercise Date for such exercisedate of exercise of this Warrant.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (HyperSpace Communications, Inc.), Common Stock Purchase Warrant (HyperSpace Communications, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon for the value of such fractional share on the basis of the Closing Market Exercise Price per share of the Class A Common Stock on the Exercise Date for such exercisethen in effect.

Appears in 2 contracts

Samples: Warrant Agreement (Jamba, Inc.), Warrant Agreement (Tesla Motors 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, but in Warrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. In lieu of such fractional shares Shares, the Company shall make a cash payment therefor upon to the basis Warrantholder of an amount equivalent to the Closing Market Price per share number of the Class A Common Stock on fractional Shares multiplied by the Exercise Date for such exercisePrice then in effect.

Appears in 2 contracts

Samples: Warrant Agreement (Airnet Technology Inc.), Warrant Agreement (Airnet Technology Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of the Class A Common Stock on the Exercise Date for such exerciseone Share then in effect.

Appears in 2 contracts

Samples: Warrant Agreement (Jive Software, Inc.), Warrant Agreement (Jive Software, Inc.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares Share to which the Company Share Recipient would otherwise be entitled, the Share Recipient shall make be entitled to receive a cash payment therefor upon equal to the basis Market Price of the Closing Market Price per share of the Class A Common Stock on the last trading day preceding the date of exercise less the portion of the Exercise Date for Price attributable to such exercisefractional share.

Appears in 1 contract

Samples: Investment Agreement (TriState Capital Holdings, Inc.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in Warrants. In lieu of such any fractional shares Share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis of the Closing Market Price per share of the Class A Common Stock on the last trading day preceding the date of exercise less the Exercise Date Price for such exercisefractional share.

Appears in 1 contract

Samples: Preemptive Rights Warrant Agreement (New York Times 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, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor upon equal to (a) such fraction of a Share multiplied by (b) the basis Fair Market Value as of the Closing Market Price per share date the Holder delivers the applicable Notice of the Class A Common Stock on the Exercise Date for such exerciseExercise.

Appears in 1 contract

Samples: Warrant Agreement (Roth CH Acquisition I Co. Parent Corp.)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of the Class A Company's Common Stock on the Exercise Date for such exerciseas determined in accordance with Section 4 above.

Appears in 1 contract

Samples: Warrant Agreement (Logicvision Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for applicable exercise price multiplied by such exercisefraction.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Avalara Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Stock Purchase Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction (after aggregating all shares issuable upon exercise thereof).

Appears in 1 contract

Samples: Stock Purchase Warrant (Asi Technology Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such exercise, but in lieu of such fractional shares the Company shall make a cash payment therefor upon equal to such fraction multiplied by the basis amount of the Closing Market Price per daily volume weighted adjusted price of a share of the Class A Common Stock on the Trading Day immediately preceding the date of the applicable Notice of Exercise Date for or, if such exerciseprice is not then available, the fair market value of a share of Common Stock as mutually determined between the Company and the Holder.

Appears in 1 contract

Samples: Warrant Agreement (ECD Automotive Design, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall will be issued upon the exercise of this Warrant. If upon any exercise of this Warrant a fraction of a share results, but in lieu of such fractional shares the Company shall make a will pay the Holder the difference between the cash payment therefor upon the basis value of the Closing Market Price per fractional share and the portion of the Class A Common Stock on Exercise Price allocable to the Exercise Date for such exercisefractional share.

Appears in 1 contract

Samples: Warrant Agreement (Fairway Group Holdings Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis fair market value of the Closing Market Price per one share of the Class A Common Stock on the Exercise Date for multiplied by such exercisefraction.

Appears in 1 contract

Samples: Warrant Agreement (Huntco Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis Market Price of the Closing Market Price per share of the Class A Common Stock on the date of exercise less the Exercise Date Price for the shares of Common Stock into which such exercisefractional share could be converted.

Appears in 1 contract

Samples: Securities Purchase Agreement (Intermountain Community Bancorp)

No Fractional Shares or Scrip. No fractional shares of Common Stock or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share of Common Stock to which the holder may otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price hereof multiplied by such exercisefraction.

Appears in 1 contract

Samples: Warrant Agreement (Rab Enterprises Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 1 contract

Samples: Warrant Agreement (Britesmile Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares or fractional Investor Warrants shall be issued upon the exercise of this Warrant. As to any fraction of a share which Holder would otherwise be entitled to purchase upon such exercise, but in lieu of such fractional shares the Company shall make pay a cash payment therefor upon adjustment in respect of such final fraction in an amount equal to the basis same fraction of the Closing Market Price closing market price per share of the Class A Common Stock on the Exercise Date for such exercisedate of exercise of this Warrant. No adjustment shall be made in respect of fractional Investor Warrants which the Holder would otherwise be entitled to purchase upon exercise of this Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Micros to Mainframes Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such issuance of a fractional shares share upon any exercise hereunder, the Company will pay the cash value of that fractional share, which cash value shall make a cash payment therefor upon be calculated on the basis of the Closing Market Price per share average closing price of the Class A Common Stock on during the Exercise Date for such five (5) Trading Days immediately preceding the date of exercise.

Appears in 1 contract

Samples: Warrant Agreement (Vistula Communications Services, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of the Class A Common Company’s Series D Preferred Stock on the Exercise Date for such exerciseas determined pursuant to Section 5 above.

Appears in 1 contract

Samples: Warrant Agreement (Danger Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such issuance of a fractional shares share upon any exercise hereunder, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall make a cash payment therefor upon be calculated on the basis of the Closing Market Price per share average closing price of the Class A Common _______ Stock on during the Exercise Date for such five (5) Trading Days immediately preceding the date of exercise.

Appears in 1 contract

Samples: Common Stock Warrant Agreement (iCURIE, INC.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares Share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis of the Closing Market Price per share of the Class A Common Stock on the last trading day preceding the date of exercise less the Exercise Date Price for such exercisefractional share.

Appears in 1 contract

Samples: Securities Purchase Agreement (New York Times Co)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of the Class A Company's Common Stock on as determined in the Exercise Date for such exercisemanner set forth in Section 3.

Appears in 1 contract

Samples: Loan Agreement (Prolong International Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such issuance of a fractional share upon any exercise hereunder, the Company, in its sole discretion, will either round up to nearest whole number of shares or pay the Company cash value of that fractional share, which cash value shall make a cash payment therefor upon be calculated on the basis of the Closing Market Price per share average closing price of the Class A Common Stock on during the Exercise Date for such five (5) Trading Days immediately preceding the date of exercise.

Appears in 1 contract

Samples: Financial Advisory Agreement (Elite Pharmaceuticals Inc /De/)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of the Class A Company’s Common Stock on as determined in the Exercise Date for such exercisemanner set forth in Section 3.

Appears in 1 contract

Samples: Warrant Agreement (Prolong International Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of the Class A Common Company’s Series E Preferred Stock on the Exercise Date for such exerciseas determined pursuant to Section 6 above.

Appears in 1 contract

Samples: Warrant Agreement (Danger Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall shall, at its option either (i) make a cash payment therefor upon to the basis of the Closing Market Price per share of the Class A Common Stock Holder for such fractional shares based on the Exercise Date for Price then in effect, or (ii) round such exercisefractional share up to the next whole number.

Appears in 1 contract

Samples: Warrant Agreement (Graymark Healthcare, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis excess of the Closing Market prevailing market price over the Per Warrant Exercise Price per share of the Class A Common Stock on the Exercise Date for multiplied by such exercisefraction.

Appears in 1 contract

Samples: Warrant Agreement (Track N Trail Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares Warrant Shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares Warrant Share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon equal to the basis of the Closing Market Warrant Exercise Price per share of the Class A Common Stock on the Exercise Date for multiplied by such exercisefraction.

Appears in 1 contract

Samples: Investment Agreement (Envestnet, Inc.)

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, but including in connection with any cashless exercise pursuant to Section 2(b) above. In lieu of such fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 1 contract

Samples: Warrant Agreement (Outset Medical, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall will be issued upon the exercise of the rights under this Warrant, but in . In lieu of such fractional shares share to which the Holder would otherwise be entitled, the Company shall will make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 1 contract

Samples: Warrant Agreement (Heritage Distilling Holding Company, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall either round the number of shares up to the nearest whole share or make a cash payment therefor upon the basis of the Closing Market Price per share of the Class A Common Stock on equal to the Exercise Date for Price multiplied by such exercisefraction.

Appears in 1 contract

Samples: Warrant Agreement (Miktam Technologies Americas Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon on the basis of the Closing Market Price per share fair market value of the Class A Common Company’s Series D’ Preferred Stock on the Exercise Date for such exerciseas determined pursuant to Section 5 above.

Appears in 1 contract

Samples: Warrant Agreement (Danger Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ------------------------------ representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon therefore on the basis of the Closing Market Warrant Price per share of the Class A Common Stock on the Exercise Date for such exercisethen in effect.

Appears in 1 contract

Samples: Warrant Agreement (Exten Industries Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such issuance of a fractional shares share upon any exercise hereunder, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall make a cash payment therefor upon be calculated on the basis of the Closing Market Price per share average closing price of the Class A Common Preferred Stock on during the Exercise Date for such five (5) Trading Days immediately preceding the date of exercise.

Appears in 1 contract

Samples: Registration Rights Agreement (iCURIE, INC.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in Option. In lieu of such issuance of a fractional shares share upon any exercise hereunder, the Company shall make a will either round up to nearest whole number of shares or pay the cash payment therefor upon value of that fractional share calculated on the basis of the Closing Fair Market Price per share of the Class A Common Stock on the Exercise Date for such exerciseValue (as defined below).

Appears in 1 contract

Samples: Option Agreement (Microware Systems Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall promptly make a cash payment therefor upon to the basis Holder equal to the fair market value of the Closing Market Price per one share of Exercise Stock (as determined by the Class A Common Stock on the Exercise Date for Company’s Board of Directors in good faith) multiplied by such exercisefraction.

Appears in 1 contract

Samples: Warrant Agreement (T Stamp Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in . In lieu of such issuance of a fractional shares share upon any exercise hereunder, the Company shall make a will either round up to nearest whole number of shares or pay the cash payment therefor upon value of that fractional share calculated on the basis of the Closing Market Price per share of the Class A Common Stock on the Exercise Date for such exerciseValue.

Appears in 1 contract

Samples: Securities Purchase Agreement (Genesisintermedia Com Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor upon the basis of the Closing Market Price per share then fair market value of the Class A Common Stock on the Exercise Date for such exerciseone Warrant Share.

Appears in 1 contract

Samples: Warrant Agreement (Stealth BioTherapeutics Corp)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant, but in . In lieu of such any fractional shares Share to which the Company Warrantholder would otherwise be entitled, the Warrantholder shall make be entitled to receive a cash payment therefor upon equal to the basis Market Price of the Closing Market Price per share of the Class A Common Stock on the last Trading Day preceding the date of exercise less the Exercise Date Price for such exercisefractional share.

Appears in 1 contract

Samples: Securities Purchase Agreement (Evergy Kansas Central, Inc.)

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