Common use of No Fractional Shares to Be Issued Clause in Contracts

No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of shares of Common Stock upon exercise of this Option. If any fraction of a share would, but for this Paragraph, be issuable upon any exercise of this Option, in lieu of such fractional share the Company shall pay to the Holder, in cash, an amount equal to such fraction of the Fair Market Value per share of Common Stock of the Company on the Business Day immediately prior to the date of such exercise.

Appears in 3 contracts

Samples: Termination and Release Agreement (Viasystems Group Inc), Stock Option Grant Agreement (Hicks Muse Tate & Furst Equity Fund Ii L P), Stock Option Grant Agreement (Hicks Muse Tate & Furst Equity Fund Ii L P)

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No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of shares of Common Stock upon exercise of this Optionthe Investment Incentive Warrant. If any fraction of a share would, but for this ParagraphSection, be issuable upon any exercise of this Optionthe Investment Incentive Warrant, in lieu if the fraction shall be less than one-half, the number of such fractional share the Company shares issuable shall pay be rounded downward to the Holder, in cash, an amount equal to such fraction nearest whole number; otherwise the number of the Fair Market Value per share of Common Stock of the Company on the Business Day immediately prior shares issuable shall be rounded upward to the date of such exercisenearest whole number.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Canisco Resources Inc), Securities Purchase Agreement (SCC Investment I Lp), Securities Purchase Agreement (Mansfield Teddy L)

No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of shares of Common Stock upon exercise of this OptionWarrant. If any fraction of a share would, but for this ParagraphSection, be issuable upon any exercise of this OptionWarrant, in lieu of such fractional share the Company shall pay to the Holder, in cash, an amount equal to such the same fraction of the Fair Market Value Average Closing Price per share of outstanding shares of Common Stock of the Company on the Business Day immediately prior to the date of such exercise.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Verso Technologies Inc), Securities Purchase Agreement (Futurelink Corp)

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No Fractional Shares to Be Issued. The Company shall not be required to issue fractions of shares of Common Stock upon exercise of this OptionWarrant. If any fraction of a share would, but for this ParagraphSection, be issuable upon any exercise of this OptionWarrant, in lieu if the fraction shall be less than one-half, the number of such fractional share the Company shares issuable shall pay be rounded downward to the Holder, in cash, an amount equal to such fraction nearest whole number; otherwise the number of the Fair Market Value per share of Common Stock of the Company on the Business Day immediately prior shares issuable shall be rounded upward to the date of such exercisenearest whole number.

Appears in 1 contract

Samples: Canisco Resources Inc

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