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 as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 4 contracts
Samples: Universal Automotive Industries Inc /De/, Universal Automotive Industries Inc /De/, Universal Automotive Industries Inc /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 lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value the Fair Market Value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the Holder) or (ii) a whole Share share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 4 contracts
Samples: Pc Tel Inc, Pc Tel Inc, Pc Tel 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 as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share Share (as mutually determined in good faith be by the CompanyCompany and the holder) or (ii) a whole Share if the Holder holder tenders the Exercise Price for one whole share. 5Share.
Appears in 3 contracts
Samples: Securities Purchase Agreement (London Merchant Securities PLC), Securities Purchase Agreement (Computron Software Inc), London Merchant Securities PLC
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 lieu of any fractional Share share to which the such Holder as the holder would otherwise be entitled, the such Holder shall be entitled, at its option, to receive either (ia) a cash payment equal to the excess of fair market value the Fair Market Value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the Holder) or (iib) a whole Share share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 3 contracts
Samples: Registration Rights Agreement (Cardiac Pathways Corp), Stock Purchase Agreement (Morgan Stanley Dean Witter & Co), Registration Rights Agreement (Cardiac Pathways Corp)
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 as the holder hereof would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be by the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 2 contracts
Samples: First Montauk Financial Corp, First Montauk Financial Corp
No Fractional Shares or Scrip. No fractional Shares shares or scrip ----------------------------- representing fractional Shares shares shall be issued upon the exercise or conversion of this Warrant. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the holder) or (ii) a whole Share share if the Holder holder tenders the Exercise Price for one whole share. 5.
Appears in 2 contracts
Samples: Evolve Software Inc, Evolve Software 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 lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price Fair Market Value for such fractional share (as determined in good faith be the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share. 5.above the
Appears in 2 contracts
Samples: Warrant Agreement (Interactive Pictures Corp), Marketing Agreement (Interactive Pictures 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. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value the Fair Market Value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the Holder) or (ii) a whole Share share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 2 contracts
Samples: Monolithic System Technology Inc, Monolithic System 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. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value the Fair Market Value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the Holder) or (ii) a ii)a whole Share share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Monolithic System Technology Inc), Termination Agreement (Monolithic System Technology 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 Warrant Share to which the Holder as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Warrant Share above the Exercise Price for such fractional share (as determined in good faith be by the Company) or (ii) a whole Warrant Share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 1 contract
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 lieu of any fractional Share share to which the such Holder as the holder would otherwise be entitled, the such Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value the Fair Market Value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and Holder) or (ii) a whole Share share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 1 contract
Samples: Netratings 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 lieu of any fractional Share share to which the Holder as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional Share share above the Exercise Price for such fractional share (as determined in good faith be by the Company’s board of directors) or (ii) a whole Share share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 1 contract
Samples: Common Stock (Cvent 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 as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be by the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share. 5Share.
Appears in 1 contract
Samples: Universal Access Global Holdings 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 as the holder would otherwise be entitled, the Holder shall be entitled, at its option, entitled to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be by the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share. 5).
Appears in 1 contract
Samples: Registration Rights Agreement (Horizon Offshore Inc)
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise or conversion of this Warrant. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the holder) or (ii) a whole Share share if the Holder holder tenders the Exercise Price for one whole share. 5.
Appears in 1 contract
Samples: Fafco Inc
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shall shares will be issued upon the exercise of this Warrant. In lieu of any fractional Share share to which the Holder as the a holder would otherwise be entitled, the Holder shall such holder will be entitledentitled to receive, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the holder) or (ii) a whole Share share if the Holder holder tenders the Exercise Price for one whole share. 5.
Appears in 1 contract
Samples: Telscape International Inc
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of the rights under this Warrant. In lieu of any such fractional Share share to which the Holder as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive Company may either (i) make a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price multiplied by such fraction or issue scrip or a warrant for such fractional share (as determined in good faith be the Company) or (ii) a whole Share if which shall entitle the Holder tenders to receive a full share upon the Exercise Price for one whole surrender of such scrip or warrants aggregating a full share. 5.
Appears in 1 contract
Samples: Cloudastructure, 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 as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share. 5.
Appears in 1 contract