Common use of No Fractional Shares or Scrip Clause in Contracts

No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Warrant Shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional Warrant Shares the Company shall issue an additional share of Common Stock to the Holder or pay the Holder the fair market value of such fractional share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretion.

Appears in 5 contracts

Samples: Common Stock Purchase Warrant (Monaker Group, Inc.), Share Exchange Agreement (Monaker Group, Inc.), Share Exchange Agreement (Monaker Group, Inc.)

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No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of this Warrant, but Warrant and the Holder shall not be entitled to any cash or other consideration in lieu of any fractional interest in a Warrant Share or claim thereto. As to any fraction of a share which the Holder would otherwise be entitled to purchase upon such fractional Warrant Shares exercise, the Company shall issue an additional share of Common Stock round such fraction down to the Holder or pay the Holder the fair market value of such fractional next whole share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretion.

Appears in 4 contracts

Samples: Common Share Purchase Agreement (Dragonwave Inc), Common Share Purchase Warrant (Dragonwave Inc), Common Share Purchase Warrant (Dragonwave Inc)

No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Warrant Shares shall be issued upon any exercise of Warrants evidenced by this Warrant Certificate. In lieu of any fractional Share that would otherwise be issued to a Warrantholder upon the exercise of this Warrantany Warrants, but in lieu of such fractional Warrant Shares the Company shall issue an additional share of Common Stock round up to the Holder or pay nearest whole number the Holder the fair market value number of Shares to be issued to such fractional share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretionWarrantholder.

Appears in 4 contracts

Samples: Warrant Agreement, Warrant Agreement (Horizon Lines, Inc.), Warrant Agreement (H-L Distribution Service, LLC)

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of this Warrant, but in the rights under any Warrants. In lieu of such fractional Warrant Shares Share to which a Holder would otherwise be entitled, the Company shall issue an additional share of Common Stock round down to the Holder or pay the Holder the fair market value of such fractional share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretionnearest whole Share.

Appears in 4 contracts

Samples: Warrant Agreement (NEXGENT Inc.), Warrant Agreement (Crush Capital Inc.), Warrant Agreement (M&m Media, Inc.)

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional Warrant Shares share to which the Holder would otherwise be entitled, the Company shall issue an additional share round up the number of Common Stock shares to the Holder or pay the Holder the fair market value of such fractional nearest whole share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretion.

Appears in 4 contracts

Samples: Underwriting Agreement (Pacific Multimedia Inc), Common Stock Warrant (E Com International Inc), Common Stock Warrant (E Com International Inc)

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional Warrant Shares shares the Company shall issue an additional share of Common Stock round up to the Holder or pay the Holder the fair market value of such fractional nearest whole share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretion.

Appears in 4 contracts

Samples: Warrant Agreement (Neuropathix, Inc.), Warrant Agreement (Neuropathix, Inc.), Warrant Agreement (Globe Photos, Inc.)

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional Warrant Shares share to which the Holder would otherwise be entitled, the Company shall issue an additional share of Common Stock make a cash payment equal to the Holder or pay the Holder the fair market value of such fractional share, a share (as determined in the reasonable discretion of good faith by the Board of Directors of the Company, in the Company’s sole discretion) multiplied by such fraction.

Appears in 3 contracts

Samples: Purchase Agreement (Tellium Inc), Settlement Agreement (Ratexchange Corp), Purchase Agreement (Tellium Inc)

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares of Common Stock shall be issued upon the exercise of this Warrant, but in lieu . As to any fraction of such fractional Warrant Shares the Company shall issue an additional a share of Common Stock which the Holder would otherwise be entitled to purchase upon such exercise, the Company shall round down to the Holder or pay next whole share. There shall be no prohibition on the Holder the fair market value issuance of such fractional share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretionWarrant Shares.

Appears in 3 contracts

Samples: Warrant Agreement (ImmunoCellular Therapeutics, Ltd.), Warrant Agreement (ImmunoCellular Therapeutics, Ltd.), Warrant Agreement (ImmunoCellular Therapeutics, Ltd.)

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of the rights under this Warrant, but in . In lieu of such fractional Warrant Shares share to which Holder would otherwise be entitled, the Company shall issue an additional share of Common Stock make a cash payment equal to the Holder or pay the Holder the fair market value of Warrant Price multiplied by such fractional share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretion.fraction

Appears in 2 contracts

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

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of the rights under this Warrant, but in . In lieu of such fractional Warrant Shares share to which Holder would otherwise be entitled, the Company shall issue an additional share of Common Stock make a cash payment equal to the Holder or pay the Holder the fair market value of Warrant Price multiplied by such fractional share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretionfraction.

Appears in 2 contracts

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

No Fractional Shares or Scrip. No The Company shall not issue any fractional Shares shares or scrip representing fractional Warrant Shares shall be issued shares upon the exercise of this Warrant, but in . In lieu of such any fractional Warrant Shares share to which the Holder would otherwise be entitled, the Company shall issue an additional share of Common Stock make a cash payment equal to the Holder or pay the Holder the fair market value of such fractional share, as one share of common stock determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretionaccordance with Section 3 multiplied by such fraction.

Appears in 2 contracts

Samples: Warrant Agreement (Triumph Fuels Corp), Warrant Agreement (Triumph Fuels Corp)

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No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Warrant Shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional Warrant Shares the Company shall issue an one additional share whole Share of Common Stock to the Holder or pay the Holder the fair market value of such fractional share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretionStock.

Appears in 1 contract

Samples: Warrant Agreement (Rockdale Resources Corp)

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional Warrant Shares share to which the Holder would otherwise be entitled, the Company shall issue an additional pay to the Holder the cash value of the fractional share based upon the current market value of Common Stock to the Holder or pay the Holder the fair market value of such fractional share, as determined in the reasonable sole discretion of the Board of Directors of the Company, in the Company’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Heatwurx, Inc.)

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of this Warrant, but in . In lieu of such any fractional Warrant Shares share to which the Holder would otherwise be entitled, the Company shall issue an additional share of Common Stock make a cash payment equal to the Holder or pay the Holder the fair market value of multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole share, as . The fair market value shall be determined in by the reasonable discretion of the Company's Board of Directors of the Company, in the Company’s sole discretionDirectors.

Appears in 1 contract

Samples: Warrant Agreement (Worldgate Communications Inc)

No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Warrant Shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional Warrant Shares the Company shall issue an additional share of Common Stock common stock to the Holder or pay the Holder the fair market value of such fractional share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretion.

Appears in 1 contract

Samples: Warrant Agreement (Camber Energy, Inc.)

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional Warrant Shares shares the Company shall issue an additional round such fractional share of Common Stock up to the Holder or pay the Holder the fair market value of such fractional next whole share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretion.

Appears in 1 contract

Samples: Warrant Agreement (Laserlock Technologies Inc)

No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Warrant Shares shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional Warrant Shares shares the Company shall issue an additional share of Common Stock round all fractional shares to the Holder or pay the Holder the fair market value of such fractional next whole share, as determined in the reasonable discretion of the Board of Directors of the Company, in the Company’s sole discretion.

Appears in 1 contract

Samples: Warrant Agreement (Montalvo Spirits, Inc.)

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