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 on the basis of the fair market value determined in accordance with SECTION 4.
Appears in 5 contracts
Samples: Finisar Corp, Optium Corp, Optium 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 on upon the basis of the then fair market value determined in accordance with SECTION 4of one share of 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 Warrant, but in lieu of such fractional Shares shares the Company shall make a cash payment therefor on the basis of the fair market value determined Warrant Price then in accordance with SECTION 4effect.
Appears in 5 contracts
Samples: Debut Broadcasting Corporation, Inc., Daka International Inc, Kabira Technologies 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 on the basis of equal to the fair market value determined in accordance with SECTION 4of such fractional share.
Appears in 5 contracts
Samples: Loan Agreement (White Mountain Titanium Corp), White Mountain Titanium Corp, Alpharx Inc
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional Shares shares the Company shall make a cash payment therefor on the basis of the fair market value (as determined in accordance with SECTION 4good faith by the Company's Board of Directors) of one Warrant Share of the type in question.
Appears in 4 contracts
Samples: Reimbursement Agreement (International Wireless Communications Holdings Inc), Support Services Agreement (International Wireless Communications Holdings Inc), International Wireless Communications 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 lieu of such fractional Shares the Company shall make a cash payment therefor on the basis of the fair market value determined in accordance with SECTION 4Section 3.
Appears in 3 contracts
Samples: Softbank Holdings Inc Et Al, Softbank Holdings Inc Et Al, 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, but in lieu of such fractional Shares the Company shall make a cash payment therefor on the basis of the fair market value of a Share determined in accordance with SECTION Section 4.
Appears in 2 contracts
Samples: Standby Purchase Agreement (Waste Services, Inc.), Capital Environmental Resource 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 on the basis of the fair market value of the Company's Common Stock as determined in accordance with SECTION 4good faith by the Company's Board of Directors.
Appears in 2 contracts
Samples: Wireless Inc, Wireless Inc
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of this WarrantOption, but shall either be paid in lieu of such fractional Shares the Company shall make a cash payment therefor on the basis of at the fair market value thereof or shall be rounded down to the nearest Share, as determined in accordance with SECTION 4by the Board.
Appears in 2 contracts
Samples: Option Agreement (Veritas Software Corp /De/), Option Agreement (Veritas Software 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 on the basis of the fair market value of any fractional shares as of the time when entitlement to receive such fractions is determined as determined in accordance with SECTION 4Section 4 above.
Appears in 2 contracts
Samples: Long-E International, Inc., Yinlips Technology, Inc.
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of this Warrant, but in lieu of such fractional Shares shares the Company shall make a cash payment therefor on upon the basis of the then fair market value determined in accordance with SECTION 4of one share of Preferred Stock.
Appears in 2 contracts
Samples: Warrant Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, Inc.)
No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Shares shall be issued upon the exercise of this any Warrant, but in lieu of such fractional Shares the Company shall make a cash payment therefor on the basis of the fair market value determined in accordance with SECTION 4Fair Market Value thereof.
Appears in 1 contract
Samples: Warrant Agreement (Capital Environmental Resource 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 on upon the basis of the fair market value determined in accordance with SECTION 4of the Common Stock.
Appears in 1 contract
Samples: Warrant Agreement (NeurogesX 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 on the basis of the fair market value of a Share determined in accordance with SECTION 4.
Appears in 1 contract
Samples: Capital Environmental Resource 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 on the basis of the fair market value of the Company’s Series E Preferred Stock as determined in accordance with SECTION 4pursuant to Section 6 above.
Appears in 1 contract
Samples: Danger Inc
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of the Warrant provided for in this WarrantAgreement, but in lieu of such fractional Shares shares the Company shall make a cash payment therefor on upon the basis of the fair market value determined of the share then in accordance with SECTION 4effect.
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 Warrantthe Warrantholder's rights to purchase Shares, but in lieu of such fractional Shares the Company Corporation shall make a cash payment therefor on upon the basis of the then current fair market value determined in accordance with SECTION 4of the Shares.
Appears in 1 contract
Samples: Royal Ahold
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 on the basis of the fair market value of the Company’s Series D Preferred Stock as determined in accordance with SECTION 4pursuant to Section 5 above.
Appears in 1 contract
Samples: Danger 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 on upon the basis of the then fair market value determined in accordance with SECTION 4of one Warrant Share.
Appears in 1 contract
