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 14 contracts
Samples: Loan and Security Agreement (Tricida, Inc.), Loan and Security Agreement, Warrant 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 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 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 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), 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 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 the Current Market Value multiplied by the then fair market value such fraction. Current Market Value of one share of Common Stock.Stock shall mean:
Appears in 2 contracts
Samples: Agreement (Celerity Systems Inc), Celerity Systems 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 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 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 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: XOMA Corp
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
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: Levinson Sam
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 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
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, 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
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
