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

No Fractional Shares to Be Issued. The Corporation shall, not be --------------------------------- required to issue fractions of shares of Common Stock 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 Corporation may pay to the Holder, in cash, an amount equal to such share of fraction of the fair market value (as determined in good faith by the Board) per share of outstanding Common Stock of the Corporation in the Business Day immediately prior to the date of such exercise.

Appears in 2 contracts

Samples: Note Purchase Agreement (Blue Rhino Corp), Registration Rights Agreement (Blue Rhino Corp)

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No Fractional Shares to Be Issued. The Corporation shall, shall not be --------------------------------- required to issue fractions of shares of Common Stock 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 Corporation may pay to the Holder, in cash, an amount equal to such share of fraction of the fair market value (as determined in good faith by the Board) Market Price per share of outstanding Common Stock of the Corporation in on the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Blue Rhino Corp

No Fractional Shares to Be Issued. The Corporation shall, Company shall not be --------------------------------- required to issue fractions of shares of Common Stock upon exercise of this Warrant. If any fraction of a share would, but for this SectionSection 1.3, be ----------- issuable upon any exercise of this Warrant, in lieu of such fractional share the Corporation may Company shall pay to the Holder, in cash, an amount equal to such share of the same fraction of the fair market value (as determined in good faith by the Board) per share of outstanding Common Stock of the Corporation in on the Business Day immediately prior to the date of such exercise, as determined in good faith by the Company's Board of Directors.

Appears in 1 contract

Samples: Zoltek Companies Inc

No Fractional Shares to Be Issued. The Corporation shall, Company shall not be --------------------------------- required to issue fractions of shares of Common Stock 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 Corporation may Company shall pay to the HolderHolder or Holders, as the case may be, in cash, an amount equal to such share of the same fraction of the fair current market value (as determined in good faith by the Board) price per share of outstanding Common Stock of the Corporation in on the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Tel Save Holdings Inc

No Fractional Shares to Be Issued. The Corporation shall, Company shall not be --------------------------------- required to issue fractions of shares of Common Stock upon exercise of this Warrant. If any fraction of a share would, but for this SectionSection 1.4, 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 the Corporation may Company shall pay to the Holder, in cash, an amount equal to such share of fraction of the fair market value (as determined in good faith multiplied by the Board) Fair Market Value per share of outstanding Common Stock of the Corporation in Company on the Business Day immediately prior to the date of such exerciseexercise computed to the nearest cent.

Appears in 1 contract

Samples: Allegheny Energy Inc

No Fractional Shares to Be Issued. The Corporation shall, shall not be --------------------------------- required to issue fractions of shares of Common Stock 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 Corporation may pay to the Holder, in cash, an amount equal to such share of fraction of the fair market value (as determined in good faith by the BoardBoard of Directors) per share of outstanding Common Stock of the Corporation in the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Blue Rhino Corp

No Fractional Shares to Be Issued. The Corporation shall, Company shall not --------------------------------- be --------------------------------- required to issue fractions of shares of Common Stock upon exercise of this Warrant. If any fraction of a share would, but for this SectionSection 1.3, be ----------- issuable upon any exercise of this Warrant, in lieu of such fractional share the Corporation may Company shall pay to the Holder, in cash, an amount equal to such share of the same fraction of the fair market value (as determined in good faith by the Board) per share of outstanding Common Stock of the Corporation in on the Business Day immediately prior to the date of such exercise, as determined in good faith by the Company's Board of Directors.

Appears in 1 contract

Samples: Zoltek Companies Inc

No Fractional Shares to Be Issued. The Corporation shall, Company shall not be --------------------------------- required to issue fractions of shares of Common Stock 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 Corporation may Company shall pay to the Holder, in cash, an amount equal to such share of the same fraction of the fair market value (as determined in good faith by the Board) Fair Market Value per share of outstanding Common Stock of the Corporation in outstanding on the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kellstrom Industries Inc)

No Fractional Shares to Be Issued. The Corporation shall, Company shall not be --------------------------------- required to issue fractions of shares of Common Stock upon exercise of this Warrant. If any fraction of a share of Common Stock would, but for this Section, be issuable upon any exercise of this Warrant, in lieu of such fractional share of Common Stock the Corporation may Company shall pay to the Holder, in cash, cash an amount equal to such share of the same fraction of the fair market value (as determined in good faith by Fair Market Value of the Board) Company per share of outstanding Common Stock of the Corporation in on the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Registration Rights Agreement (Family Golf Centers Inc)

No Fractional Shares to Be Issued. The Corporation shall, not be --------------------------------- required to issue fractions of shares of Common Stock 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 Corporation may pay to the Holder, in cash, an amount equal to such share of fraction of the fair market value (as determined in good faith by the Board) per share of outstanding Common Stock of the Corporation in the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Unit Purchase Agreement (Blue Rhino Corp)

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No Fractional Shares to Be Issued. The Corporation shall, Company shall not be --------------------------------- required to issue fractions of shares of Common Stock 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 Corporation may Company shall pay to the Holder, in cash, an amount equal to such share of the same fraction of the fair market value (as determined in good faith by the Board) Current Market Price per share of outstanding Common Stock of the Corporation in on the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Axsys Technologies Inc

No Fractional Shares to Be Issued. The Corporation shall, Company shall not be --------------------------------- required to issue fractions of shares of Common Stock 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 Corporation Company may pay to the Holder, in cash, an amount equal to such share of fraction of the fair market value (as determined in good faith by the BoardBoard of Directors) per share of outstanding Common Stock of the Corporation Company in the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Blue Rhino Corp

No Fractional Shares to Be Issued. The Corporation shall, shall not be --------------------------------- required to issue fractions of shares of Common Stock 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 Corporation may pay to the Holder, in cash, an amount equal to such share of fraction of the fair market value (as determined in good faith by the Board) per share of outstanding Common Stock of the Corporation in the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Securities Purchase Agreement (Blue Rhino Corp)

No Fractional Shares to Be Issued. The Corporation shall, Company shall not be --------------------------------- required to issue fractions of shares of Common Stock upon exercise of this Warrant. If any fraction of a share would, but for this SectionSection 1.3, be issuable upon any exercise of this Warrant, in lieu of such fractional share the Corporation may Company shall pay to the Holder, in cash, an amount equal to such share of fraction of the fair market value (as determined in good faith by the Board) Fair Market Value per share of outstanding Common Stock of the Corporation in Company on the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Energy Partners LTD)

No Fractional Shares to Be Issued. The Corporation shall, Company shall not be --------------------------------- required to issue fractions of shares of Common Stock upon exercise of this Warrant. If any fraction of a share would, but for this SectionSection 1.3, 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 the Corporation may Company shall pay to the Holder, in cash, an amount equal to such share of fraction of the fair market value (as determined in good faith by the Board) Fair Market Value per share of outstanding Common Stock of the Corporation in Company on the Business Day immediately prior to the date of such exercise.

Appears in 1 contract

Samples: Dyntek Inc

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