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 Agreement, but in lieu of such fractional shares, the Company shall make a cash payment therefor equal to such fraction multiplied by the then fair market value of one share of Common Stock.

Appears in 15 contracts

Samples: Loan and Security Agreement (Tricida, Inc.), Loan and Security Agreement, Warrant Agreement (Tricida, 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 Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the basis of the then fair market value of one share of Common Preferred Stock.

Appears in 13 contracts

Samples: Warrant Agreement (908 Devices Inc.), Warrant Agreement (TELA Bio, Inc.), Warrant Agreement (TELA Bio, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the basis of the then fair market value of one share of Common Stock.

Appears in 11 contracts

Samples: Loan and Security Agreement (Axsome Therapeutics, Inc.), Warrant Agreement (RedBall Acquisition Corp.), Warrant Agreement (X4 Pharmaceuticals, Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor in an amount equal to such fraction the product of (a) the Exercise Price then in effect multiplied by (b) the then fair market value fraction of one share of Common Stocka share.

Appears in 10 contracts

Samples: Warrant Agreement (Akero Therapeutics, Inc.), Warrant Agreement (Akero Therapeutics, Inc.), Warrant Agreement (Phathom Pharmaceuticals, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the then basis of the then-fair market value of one share of Common Preferred Stock.

Appears in 8 contracts

Samples: Warrant Agreement (Melinta Therapeutics, Inc. /New/), Warrant Agreement (Quanterix Corp), Warrant Agreement (Quanterix Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor in an amount equal to such fraction multiplied by the then product of (a) the current fair market value of one share (1) Common Share determined in accordance with Section 3(a) multiplied by (b) the fraction of a Common StockShare that would otherwise be issuable hereunder.

Appears in 6 contracts

Samples: Warrant Agreement (Urovant Sciences Ltd.), Warrant Agreement (Dermavant Sciences LTD), Warrant Agreement (Urovant Sciences Ltd.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of the Warrant provided for in this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the then basis of the fair market value of one share of Common Stockthe share, as determined in accordance with Section 3.

Appears in 6 contracts

Samples: Warrant Agreement (Aveo Pharmaceuticals Inc), Warrant Agreement (Aveo Pharmaceuticals Inc), Warrant Agreement (Aveo Pharmaceuticals Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this AgreementWarrant, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the basis of the then fair market value of one share of Common Capital Stock.

Appears in 5 contracts

Samples: Credit Agreement (Intuity Medical, Inc.), 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 AgreementWarrant, but in lieu of such fractional shares, Shares the Company shall make a cash payment therefor equal to such fraction multiplied by on the then basis of the fair market value of one share of Common Stockdetermined in accordance with SECTION 4.

Appears in 5 contracts

Samples: Warrant Agreement (Finisar Corp), Warrant Agreement (Optium Corp), Warrant Agreement (Optium Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor in an amount equal to such fraction multiplied by the product of (a) the then fair market value of one share of Common StockStock multiplied by (b) the fraction of a share.

Appears in 4 contracts

Samples: Warrant Agreement (Kura Oncology, Inc.), Warrant Agreement (Kura Oncology, Inc.), Warrant Agreement (Kura Oncology, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in Warrant. In lieu of such any fractional sharesshare to which the Holder would otherwise be entitled, the Company shall make a prompt cash payment therefor equal to such fraction multiplied by the then fair market value Fair Market Value of one a share of Common StockStock multiplied by such fraction.

Appears in 4 contracts

Samples: Warrant Agreement (Acubid Com Inc), Warrant Agreement (Asia Web Holdings Inc), Warrant Agreement (Asia Web Holdings Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this AgreementAgreement pursuant to clause (ii) of Section 3(a), but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the then basis of the positive difference (if any) between the fair market value of one a single share of Common StockPreferred Stock and the Exercise Price then in effect.

Appears in 2 contracts

Samples: Warrant Agreement (Elixir Pharmaceuticals Inc), Warrant Agreement (Elixir Pharmaceuticals Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such any fractional shares, share the Company shall make a cash payment therefor in amount equal to (a) such fraction fraction, multiplied by (b)(i) the then then-fair market value of one share of a Common StockShare as determined in accordance with Section 3(b) above, minus (ii) the then-effective Exercise Price.

Appears in 2 contracts

Samples: Warrant Agreement (Auris Medical Holding AG), Warrant Agreement (Auris Medical Holding AG)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this AgreementOption, but shall either be paid in lieu of such fractional shares, cash at the Company shall make a cash payment therefor equal to such fraction multiplied by the then fair market value of one share of Common Stockthereof or shall be rounded down to the nearest Share, as determined by the Board.

Appears in 2 contracts

Samples: Stock Option Agreement (Veritas Software Corp /De/), Stock Option Agreement (Veritas Software Corp /De/)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this AgreementWarrant, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by on the then basis of the fair market value of one share the Company's Common Stock as determined in good faith by the Company's Board of Common StockDirectors.

Appears in 2 contracts

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

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreementhereunder, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by therefore on the basis of the Share Price then fair market value of one share of Common Stockin effect.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (I2 Technologies Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to upon the basis of the Current Fair Market Value of such fraction multiplied by the then fair market value of one share of Common Stockfractional share.

Appears in 1 contract

Samples: Warrant Agreement (Anthera Pharmaceuticals Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this AgreementWarrant, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the then basis of the fair market value of one share of the Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (NeurogesX Inc)

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No Fractional Shares or Scrip. No fractional shares share or scrip representing a fractional shares share shall be issued upon the exercise of this Agreement, but in lieu of any such fractional shares, share the Company shall make a cash payment therefor equal to such fraction multiplied by upon the then basis of the fair market value of one share of Common Stockthen in effect.

Appears in 1 contract

Samples: Warrant Agreement (Mela Sciences, Inc. /Ny)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor in an amount equal to such fraction multiplied by the then product of (a) the current fair market value of one a share of Common StockStock (as determined Section 3(a) above) then in effect multiplied by (b) the fraction of a share.

Appears in 1 contract

Samples: Warrant Agreement (NeueHealth, Inc.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Agreement, but should any fractional Share interest arise, then in lieu of such fractional shares, Share the Company shall make a cash payment therefor in an amount equal to such fraction multiplied by the then product of (a)(i) the then-fair market value of one share Share (determined in accordance with Section 3(a) above, less (ii) the Exercise Price then in effect, multiplied by (b) such fraction of Common Stocka Share.

Appears in 1 contract

Samples: Warrant Agreement (Motif Bio PLC)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in Warrant. In lieu of such any fractional sharesshare to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor equal to such fraction multiplied by the then fair market value of one Fair Market Value per share of Common StockStock multiplied by such fraction.

Appears in 1 contract

Samples: Wind Up Agreement (Oakhurst Co Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, the Company shall make a cash payment therefor equal to such fraction multiplied by the then fair market value of one share of Common Stock. SECTION 6.

Appears in 1 contract

Samples: Loan and Security Agreement (Tricida, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the then basis of the fair market value of one share of Common Stockand Exercise Price then in effect.

Appears in 1 contract

Samples: Warrant Agreement (Levinson Sam)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of the Warrant provided for in this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the then basis of the fair market value of one the share of Common Stockthen in effect.

Appears in 1 contract

Samples: Warrant Agreement (Aveo Pharmaceuticals Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the basis of the then fair market value of one share of Common StockStock (as determined in accordance with Section 3(a) on the effective date of such exercise).

Appears in 1 contract

Samples: Warrant Agreement (XOMA Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor equal to such fraction multiplied by upon the basis of the then fair market value of one share of Common StockPreferred Stock (as determined in accordance with Section 3(a) above).

Appears in 1 contract

Samples: Warrant Agreement (Avedro Inc)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Agreement, but in lieu of such fractional shares, shares the Company shall make a cash payment therefor in an amount equal to such fraction the product of (a) the Exercise Price then in effect multiplied by (b) the then fair market value fraction of one a share of Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (Lucira Health, Inc.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Agreementany Warrant, but in lieu of such fractional shares, Shares the Company shall make a cash payment therefor equal to such fraction multiplied by on the then fair market value basis of one share of Common Stockthe Fair Market Value thereof.

Appears in 1 contract

Samples: Warrant Agreement (Capital Environmental Resource Inc)

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