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 share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the fair market value of 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 of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, Shares the Company shall make a cash payment equal to therefor on the basis of the fair market value of such fractional sharedetermined in accordance with SECTION 4.
Appears in 5 contracts
Samples: Finisar Corp, Optium Corp, Optium Corp
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor upon the basis of the then fair market value of such fractional shareone 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 or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the fair market value basis of such fractional sharethe Warrant Price then in effect.
Appears in 5 contracts
Samples: Debut Broadcasting Corporation, Inc., Chemconnect Inc, Planetout Inc
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. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the basis of the fair market value (as determined in good faith by the Company's Board of such fractional shareDirectors) 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 Shares or scrip representing fractional shares Shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, Shares the Company shall make a cash payment equal to therefor on the basis of the fair market value of such fractional sharedetermined in accordance with Section 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. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor upon the basis of the then fair market value of such fractional shareone 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 Warrant. In lieu of any fractional share to which the Holder would otherwise Option, but shall either be entitled, the Company shall make a paid in cash payment equal to at the fair market value of such fractional sharethereof or shall be rounded down to the nearest Share, as determined by 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. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, Shares the Company shall make a cash payment equal to therefor on the basis of the fair market value of such fractional sharea Share determined in accordance with 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 or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the basis of the fair market value of such fractional sharethe Company's Common Stock as determined in good 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 or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the basis of the fair market value of any fractional shares as of the time when entitlement to receive such fractional sharefractions is determined as determined in accordance with Section 4 above.
Appears in 2 contracts
Samples: Yinlips Technology, Inc., Long-E International, Inc.
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 Warrant. In Agreement, but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor upon the basis of the fair market value of such fractional sharethe share then 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 Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the basis of the fair market value of such fractional sharethe Company’s Series D Preferred Stock as determined pursuant to Section 5 above.
Appears in 1 contract
Samples: Danger Inc
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor upon the basis of the then fair market value of such fractional shareone Warrant 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 Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the basis of the fair market value of such fractional sharethe Company’s Series E Preferred Stock as determined pursuant 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 this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, Shares the Company shall make a cash payment equal to therefor on the basis of the fair market value of such fractional sharea 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 any Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, Shares the Company shall make a cash payment equal to therefor on the fair market value basis of such fractional sharethe Fair Market Value thereof.
Appears in 1 contract
Samples: 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. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the basis of the fair market value of such fractional sharethe Company’s Common Stock as determined in the manner set forth in Section 3.
Appears in 1 contract
Samples: 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. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor upon the basis of the fair market value of such fractional sharethe Common Stock.
Appears in 1 contract
Samples: Warrant Agreement (NeurogesX Inc)
