No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Shares upon exercise of this Warrant. If any fraction of a Share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional Share the Company shall pay to the Holder or Holders, as the case may be, in cash, an amount equal to the same fraction of the Fair Market Value per share of outstanding Shares on the Business Day immediately prior to the date of such exercise.
Appears in 36 contracts
Samples: Subscription Agreement and Investor Questionnaire (Performance Health Technologies Inc), Subscription Agreement and Investor Questionnaire (Performance Health Technologies Inc), Performance Health Technologies Inc
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Shares shares of Common Stock upon exercise of this Warrant. If any fraction of a Share share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional Share share the Company shall pay to the Holder or Holders, as the case may beHolder, in cash, an amount equal to the same such fraction of the Fair Market Value per share of outstanding Shares Common Stock of the Company on the Business Day immediately prior to the date of such exercise.
Appears in 21 contracts
Samples: Executive Employment Agreement (H R Window Supply Inc), Executive Employment Agreement (Capstar Broadcasting Corp), Capstar Broadcasting Corp
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Shares shares of Common Stock upon exercise of this Warrant. If any fraction of a Share share would, but for this Section, be issuable upon any exercise of this Warrant, and if the Company shall have elected not to issue such fraction of a share, in lieu of such fractional Share share the Company shall pay to the Holder or Holders, as the case may beHolder, in cash, an amount equal to the same such fraction of the Fair Market Value per share of outstanding Shares Common Stock of the Company on the Business Day immediately prior to the date of such exercise.
Appears in 9 contracts
Samples: Registration Rights Agreement (Freedom Financial Group Inc), Registration Rights Agreement (Freedom Financial Group Inc), Registration Rights Agreement (Freedom Financial Group Inc)
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Shares upon exercise of this Warrant. If any fraction fractions of a Share share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional Share share the Company shall pay to the Holder or Holders, as the case may beholder, in cash, an amount equal to the same fraction of the Fair Market Value Closing Price per share of outstanding Shares on Share for the Business Trading Day immediately prior to the date of such exercise.
Appears in 4 contracts
Samples: Paradigm Medical Industries Inc, Paradigm Medical Industries Inc, Paradigm Medical Industries Inc
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Warrant Shares upon exercise of this Warrant. If any fraction fractions of a Share share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional Share share the Company shall pay to the Holder or Holders, as the case may beHolder, in cash, an amount equal to the same fraction of the Fair Market Value per of one share of outstanding Shares on the Business Day immediately prior to the date of such exerciseCommon Stock.
Appears in 4 contracts
Samples: Gateway Industries Inc /De/, Gateway Industries Inc /De/, LCS Golf Inc
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Shares shares of Common Stock upon exercise of this Warrant. If any fraction of a Share share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional Share share the Company shall pay to the Holder or Holders, as the case may be, in cash, an amount equal to the same fraction of the Fair current Market Value Price per share of outstanding Shares Common Stock on the Business Day immediately prior to the date of such exercise.
Appears in 4 contracts
Samples: Employment Agreement (Omnicare Inc), Employment Agreement (Omnicare Inc), Employment Agreement (Omnicare Inc)
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Warrant Shares upon exercise of this Warrant. If any fraction fractions of a Share share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional Share share the Company shall pay to the Holder or Holders, as the case may beHolder, in cash, an amount equal to the same fraction of the Fair Market Value per share Exercise Price of outstanding Shares on the Business Day immediately prior to the date of such exerciseWarrant Shares.
Appears in 4 contracts
Samples: TechCom, Inc., TechCom, Inc., TechCom, Inc.
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Shares shares of Common Stock upon exercise of this Warrant. If any fraction of a Share share would, but for this Section, be issuable upon any exercise of this Warrant, and if the Company shall have elected not to issue such fraction of a share, in lieu of such fractional Share share the Company shall pay to the Holder or Holders, as the case may beHolder, in cash, an amount equal to the same such fraction of the Fair Market Value per share of outstanding Shares on the Business Day immediately prior to the date of such exercise.Fair
Appears in 2 contracts
Samples: Florsheim Group Inc, Florsheim Group Inc
No Fractional Shares to Be Issued. The Company shall not be --------------------------------- required to issue fractions of Shares upon exercise of this Warrant. If any fraction of a Share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional factional Share the Company shall pay to the Holder or Holders, as the case may be, in cash, an amount equal to the same fraction of the Fair Market Value Price per share Share of outstanding Shares at the close of business on the Business Day immediately prior to the date of such exercise.
Appears in 1 contract
Samples: Telemonde Inc
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Shares upon exercise of this Warrant. If any fraction of a Share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional Share the Company shall pay to the Holder or Holders, as the case may beHolder, in cash, an amount equal to the same fraction of the Fair Market Value Price per share Share of outstanding Shares at the close of business on the Business Day immediately prior to the date of such exercise.
Appears in 1 contract
Samples: Ultimate Software Group Inc
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Shares upon exercise of this Warrant. If any fraction of a Share share would, but for this Section, be issuable upon any exercise of this Warrant, and if the Company shall have elected not to issue such fraction of a share, in lieu of such fractional Share share the Company shall pay to the Holder or Holders, as the case may beHolder, in cash, an amount equal to the same such fraction of the Fair Market Value per share of outstanding Shares Common Stock of the Company on the Business Day immediately prior to the date of such exercise.
Appears in 1 contract
Samples: Registration Rights Agreement (Wheels Sports Group Inc)
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Shares shares of Common Stock upon exercise of this Warrant. If any fraction of a Share share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional Share share the Company shall pay to the Holder or Holders, as the case may beHolder, in cash, an amount equal to the same fraction of the greater of the Earnings Value or Fair Market Value of the Company per share of outstanding Shares Common Stock on the Business Day immediately prior to the date of such exercise.
Appears in 1 contract
Samples: Lets Talk Cellular & Wireless Inc
No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of Shares upon exercise of this Warrant. If any fraction of a Share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional Share Share, the Company shall pay to the Holder or Holders, as the case may beHolder, in cash, an amount equal to the same fraction of the Fair Market Value Price per share Share of outstanding Shares at the close of business on the Business Day immediately prior to the date of such exercise.
Appears in 1 contract
Samples: Ultimate Software Group Inc
No Fractional Shares to Be Issued. The Company shall not be required --------------------------------- to issue fractions of Shares upon exercise of this Warrant. If any fraction of a Share would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional factional Share the Company shall pay to the Holder or Holders, as the case may be, in cash, an amount equal to the same fraction of the Fair Market Value Price per share Share of outstanding Shares at the close of business on the Business Day immediately prior to the date of such exercise.
Appears in 1 contract
Samples: Telemonde Inc