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

No Fractional Shares to Be Issued. (a) Notwithstanding anything to the contrary in this Warrant Agreement, the Company shall not be required to issue any fraction of a share of Common Stock upon exercise of any Warrants. (b) If any fraction of a Warrant shall be exercised hereunder, the Company shall pay the relevant Warrantholder Cash in lieu of the corresponding fraction of a share of Common Stock valued at the Net Share Settlement Price as of the Exercise Date. However, if more than one Warrant shall be exercised hereunder at one time by the same Warrantholder, the number of full shares which shall be issuable upon exercise thereof shall be computed on the basis of all Warrants (including any fractional Warrants) so exercised. If any fraction of a share of Common Stock would, except for the provisions of this Section 3.05, be issuable on the exercise of any Warrant or Warrants (including any fractional Warrants), the Company shall pay the Warrantholder Cash in lieu of such fractional shares valued at the Net Share Settlement Price as of the Exercise Date. (c) Each Warrantholder, by its acceptance of a Warrant Certificate, expressly waives its right to receive any fraction of a share of Common Stock or a stock certificate representing a fraction of a share of Common Stock.

No Fractional Shares to Be Issued. (a) Notwithstanding anything to the contrary in this Warrant Agreement, the Company shall not be required to issue any fraction of a share of Class A Common Stock upon exercise of any Warrants. (b) If any fraction of a Warrant shall be exercised hereunder, the Company shall pay the relevant Warrantholder Cash in lieu of the corresponding fraction of a share of Class A Common Stock valued at the Net Share Settlement Price as of the Exercise Date. However, if more than one Warrant shall be exercised hereunder at one time by the same Warrantholder, the number of full shares which shall be issuable upon exercise thereof shall be computed on the basis of all Warrants (including any fractional Warrants) so exercised. If any fraction of a share of Class A Common Stock would, except for the provisions of this Section 3.05, be issuable on the exercise of any Warrant or Warrants (including any fractional Warrants), the Company shall pay the Warrantholder Cash in lieu of such fractional shares valued at the Net Share Settlement Price as of the Exercise Date. (c) Each Warrantholder, by its acceptance of a Warrant Certificate, expressly waives its right to receive any fraction of a share of Class A Common Stock or a stock certificate representing a fraction of a share of Class A Common Stock.

No Fractional Shares to Be Issued. (a) Notwithstanding anything to the contrary contained in this Agreement, if the number of shares of Common Stock purchasable on the exercise of each Warrant Agreementis not a whole number, the Company shall not be required to issue any fraction of a share of Common Stock or to distribute stock certificates that evidence fractional shares of Common Stock or to issue a Warrant Certificate representing a fractional Warrant upon exercise of any Warrants. (b) . If any fraction of a Warrant shall be exercised hereunder, the Company shall pay the relevant Warrantholder Cash in lieu of the corresponding fraction of a share of Common Stock valued at the Net Share Settlement Price as of the Exercise Date. However, if Certificates evidencing more than one Warrant shall be exercised hereunder surrendered for exercise at one time by the same Warrantholderholder, the number of full shares which shall be issuable upon exercise thereof shall be computed on the basis of all the aggregate number of Warrants (including any fractional Warrants) so exercisedsurrendered. If any fraction of a share of Common Stock stock would, except for the provisions of this Section 3.052.4, be issuable on the exercise of any Warrant or Warrants (including any fractional Warrants), the Company shall pay the Warrantholder Cash purchase such fraction for an amount in lieu of cash equal to such fractional shares valued at the Net Share Settlement Price as fraction of the Exercise Date. (c) Each Warrantholderthen current market price of a share of Common Stock. The Warrant holders, by its their acceptance of a the Warrant CertificateCertificates, expressly waives its waive their right to receive any fraction of a share of Common Stock or a stock certificate representing a fraction of a share of Common Stock.

No Fractional Shares to Be Issued. (a) Notwithstanding anything to the contrary contained in this Agreement, if the number of shares of [Common] [Preferred] Stock purchasable on the exercise of each Warrant Agreementis not a whole number, the Company shall not be required to issue any fraction of a share of Common [Common] [Preferred] Stock or to distribute stock certificates that evidence fractional shares of [Common] [Preferred] Stock or to issue a Warrant Certificate representing a fractional Warrant upon exercise of any Warrants. (b) . If any fraction of a Warrant shall be exercised hereunder, the Company shall pay the relevant Warrantholder Cash in lieu of the corresponding fraction of a share of Common Stock valued at the Net Share Settlement Price as of the Exercise Date. However, if Certificates evidencing more than one Warrant shall be exercised hereunder surrendered for exercise at one time by the same Warrantholderholder, the number of full shares which shall be issuable upon exercise thereof shall be computed on the basis of all the aggregate number of Warrants (including any fractional Warrants) so exercisedsurrendered. [If any fraction of a share of Common [Common] [Preferred] Stock would, except for the provisions of this Section 3.052.3, be issuable on the exercise of any Warrant or Warrants (including any fractional Warrants), the Company shall pay the Warrantholder Cash purchase such fraction for an amount in lieu of cash equal to such fractional shares valued at the Net Share Settlement Price as fraction of the Exercise Date. (c) Each Warrantholderthen current market price of a share of [Common] [Preferred] Stock. The Warrant holders, by its their acceptance of a the Warrant CertificateCertificates, expressly waives its waive their right to receive any fraction of a share of Common [Common] [Preferred] Stock or a stock certificate representing a fraction of a share of Common [Common] [Preferred] Stock. (b) If the number of shares purchasable upon the exercise of each Warrant is adjusted pursuant to Section 3.1(l), the Company shall nonetheless not be required to issue fractions of shares upon exercise of the Warrants or to distribute share certificates which evidence fractional shares, nor shall the Company be required to make any cash adjustment in respect of a fractional interest in a share, but the fractional interest to which any person is entitled shall be sold in the manner set forth in subsection (c) of this Section 2.3 by the Warrant Agent, acting as agent for the person entitled to such fractional interest, except as otherwise provided in such subsection. (c) The Warrant Agent shall remit to such person the proceeds of the sale of any such fractional interest sold by it as such agent. Fractional interests shall be non-transferable except by or to the Warrant Agent acting as herein authorized. The Warrant Agent may sell fractional interests on the basis of market prices of the Warrants or shares of [Common] [Preferred] Stock as determined by the Warrant Agent in its sole discretion. In lieu of making an actual sale of a fractional interest, the Company may authorize the Warrant Agent to value fractional interests without actual sale on the basis of the current market price of the Warrants or shares of [Common] [Preferred] Stock as determined by the Warrant Agent in its sole discretion.

No Fractional Shares to Be Issued. (a) Notwithstanding anything to the contrary contained in this Warrant Agreement, the Company shall not be required to issue any fraction of an Ordinary Share or to distribute stock certificates that evidence fractional Ordinary Shares or to issue a share of Common Stock Warrant Certificate representing a fractional Warrant upon exercise of any Warrants. (b) . If any fraction of a Warrant shall be exercised hereunder, the Company shall pay the relevant Warrantholder Cash in lieu of the corresponding fraction of a share of Common Stock valued at the Net Share Settlement Price as of the Exercise Date. However, if more than one Warrant Certificate shall be exercised hereunder surrendered for exercise at one time by the same Warrantholderholder, the number of full shares which shall be issuable upon exercise thereof shall be computed on the basis of all the aggregate number of Warrants (including any fractional Warrants) so exercisedsurrendered. If any fraction of a share of Common Stock an Ordinary Share would, except for the provisions of this Section 3.052.04, be issuable on the exercise of any Warrant or Warrants (including any fractional Warrants), the Company shall pay round up to the next whole share the number of Ordinary Shares to be issued to the Warrantholder Cash in lieu upon exercise of such fractional shares valued at the Net Share Settlement Price as its Warrants. The Warrantholders, by their acceptance of the Exercise Date. (c) Each Warrantholder, by its acceptance of a Warrant CertificateCertificates, expressly waives its waive their right to receive any fraction of a share of Common Stock an Ordinary Share or a stock certificate representing a fraction of an Ordinary Share or Warrant Certificate representing a share fractional Warrant upon exercise of Common Stockany Warrant.

No Fractional Shares to Be Issued. (a) Notwithstanding anything to the contrary in this Warrant Agreement, the Company shall not be required to issue any fraction of a Warrant or of a share of Common Stock upon exercise of any Warrants. (b) If any fraction of a Warrant shall be exercised hereunder, the Company shall pay the relevant Warrantholder Beneficial Owner Cash in lieu of the corresponding fraction of a share of Common Stock valued at the Net Share Settlement Price as Fair Value on the Exercise Date in excess of the corresponding fraction of the Exercise DatePrice. However, if more than one Warrant shall be exercised hereunder at one time by the same WarrantholderWarrant Holder, the number of full shares which that shall be issuable upon exercise thereof shall be computed on the basis of all Warrants (including any fractional Warrants) so exercised. If any fraction of a share of Common Stock would, except for the provisions of this Section 3.05, be issuable on the exercise of any Warrant or Warrants (including any fractional Warrants), the Company shall pay the Warrantholder Cash in lieu of such fractional shares valued at the Net Share Settlement Price as of Fair Value on the Exercise Date. (c) Each WarrantholderBeneficial Owner, by its acceptance of an interest in a Warrant CertificateWarrant, expressly waives its right to receive any fraction of a share of Common Stock or a stock certificate representing a fraction of a share of Common StockStock upon its exercise of such Warrant.

No Fractional Shares to Be Issued. (a) Notwithstanding anything to --------------------------------- the contrary contained in this Agreement, if the number of shares of Common Stock purchasable on the exercise of each Warrant Agreementis not a whole number, the Company shall not be required to issue any fraction of a share of Common Stock or to distribute stock certificates that evidence fractional shares of Common Stock or to issue a Warrant Certificate representing a fractional Warrant upon exercise of any Warrants. (b) . If any fraction of a Warrant shall be exercised hereunder, the Company shall pay the relevant Warrantholder Cash in lieu of the corresponding fraction of a share of Common Stock valued at the Net Share Settlement Price as of the Exercise Date. However, if Certificates evidencing more than one Warrant shall be exercised hereunder surrendered for exercise at one time by the same Warrantholderholder, the number of full shares which shall be issuable upon exercise thereof shall be computed on the basis of all the aggregate number of Warrants (including any fractional Warrants) so exercisedsurrendered. If any fraction of a share of Common Stock would, except for the provisions of this Section 3.052.4, be issuable on the exercise of any Warrant or Warrants (including any fractional Warrants), the Company shall pay the Warrantholder Cash purchase such fraction for an amount in lieu of cash equal to such fractional shares valued at the Net Share Settlement Price as fraction of the Exercise Date. (c) Each WarrantholderMarket Price of a share of Common Stock. The Warrant holders, by its their acceptance of a the Warrant CertificateCertificates, expressly waives its waive their right to receive any fraction of a share of Common Stock or a stock certificate representing a fraction of a share of Common Stock.

No Fractional Shares to Be Issued. (a) Notwithstanding anything to the contrary in this Warrant Agreement, the Company shall not be required to issue any fraction of a Warrant or of a share of New Common Stock upon exercise of any Warrants. (b) If any fraction of a Warrant shall be exercised hereunder, the Company shall pay the relevant Warrantholder Cash in lieu of the corresponding fraction of a share of New Common Stock valued at the Net Share Settlement Closing Sale Price as on the Exercise Date in excess of the corresponding fraction of the Exercise DatePrice. However, if more than one Warrant shall be exercised hereunder at one time by the same WarrantholderBeneficial Holder or holder of a Certificated Warrant, the number of full shares which shall be issuable upon exercise thereof shall be computed on the basis of all Warrants (including any fractional Warrants) so exercised. If any fraction of a share of New Common Stock would, except for the provisions of this Section 3.05, be issuable on the exercise of any Warrant or Warrants (including any fractional Warrants), the Company shall pay the Warrantholder Beneficial Holder or holder of the Certificated Warrant Cash in lieu of such fractional shares valued at the Net Share Settlement Closing Sale Price as of on the Exercise Date. (c) Each Warrantholder, by its acceptance of a Warrant Certificate, expressly waives its right to receive any fraction of a share of New Common Stock or a stock certificate representing a fraction of a share of New Common Stock.

No Fractional Shares to Be Issued. (a) Notwithstanding anything to the contrary in this Warrant Agreement, the Company shall not be required to issue any fraction of a share of Common Stock upon exercise of any Warrants. (b) If any fraction of a Warrant shall be exercised hereunder, the Company shall pay the relevant Warrantholder Cash in lieu of the corresponding fraction of a share of Common Stock valued at the Net Share Settlement Price as of the Exercise Date. However, if more than one Warrant shall be exercised hereunder at one time by the same Warrantholder, the number of full shares which shall be issuable upon exercise thereof shall be computed on the basis of all Warrants (including any fractional Warrants) so exercised. If any fraction of a share of Common Stock would, except for the provisions of this Section 3.053.06, be issuable on the exercise of any Warrant or Warrants (including any fractional Warrants), the Company shall pay round down such fraction to the Warrantholder Cash nearest whole share of Common Stock. If, pursuant to this Section 3.06, the exercise of one or more Warrants, including an automatic exercise pursuant to Section 3.03, results in lieu zero shares of Common Stock to be issued, such fractional shares valued at the Net Share Settlement Price as of the Exercise DateWarrants shall be cancelled without any further consideration therefor. (cb) Each WarrantholderThe beneficial owners of the Warrants and the Warrantholders, by its their acceptance of a Warrant Certificatehereof, expressly waives its right waive their respective rights to receive any fraction of a share of Common Stock or a stock certificate representing a fraction of a share of Common Stock.

No Fractional Shares to Be Issued. (a) Notwithstanding anything to the contrary in this Warrant Agreement, the Company shall not be required to issue any fraction of a share of Common Stock upon exercise of any Warrants. (b) If any fraction of a Warrant shall be exercised hereunder, the Company shall pay the relevant Warrantholder Cash in lieu of the corresponding fraction of a share of Common Stock valued at the Net Share Settlement Closing Sale Price as of on the Exercise Date. However, if more than one Warrant shall be exercised hereunder at one time by the same Warrantholder, the number of full shares which shall be issuable upon exercise thereof shall be computed on the basis of all Warrants (including any fractional Warrants) so exercised. If any fraction of a share of Common Stock would, except for the provisions of this Section 3.053.06, be issuable on the exercise of any Warrant or Warrants (including any fractional Warrants), the Company shall pay the Warrantholder Cash in lieu of such fractional shares valued at the Net Share Settlement Closing Sale Price as of on the Exercise Date. (c) Each Warrantholder, by its acceptance of a Warrant Certificate, expressly waives its right to receive any fraction of a share of Common Stock or a stock certificate representing a fraction of a share of Common Stock.