No Rights or Liabilities as a Shareholder. This Warrant shall not entitle the holder hereof to any voting rights or other rights as a shareholder of the Company. No provision of this Warrant, in the absence of affirmative action by the holder hereof to purchase Warrant Shares, and no mere enumeration herein of the rights or privileges of the holder hereof, shall give rise to any liability of such holder for the Exercise Price or as a shareholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.
No Rights or Liabilities as a Shareholder. This Investment Option shall not entitle the holder hereof to any voting rights or other rights as a shareholder of the Company. No provision of this Investment Option, in the absence of affirmative action by the holder hereof to purchase Investment Option Shares, and no mere enumeration herein of the rights or privileges of the holder hereof, shall give rise to any liability of such holder for the Exercise Price or as a shareholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.
No Rights or Liabilities as a Shareholder. This Warrant shall not entitle the Holders hereof to any voting rights or any other rights as a shareholder of the Company. No provision of this Warrant, in the absence of affirmative action by the Holder hereof to purchase Warrant Shares, and no mere enumeration herein of the rights or privileges of the Holder hereof, shall give rise to any liability of such Holder for the Exercise Price or as a shareholder of the Company, whether such liability is asserted by the Company or by creditors of the Company. Call. The Company shall have the right, upon notice to the Holder (“Call Notice”), to “call” all or any portion of this Warrant (a “Call”) provided that (i) the Warrant Shares have been registered for resale pursuant to the Securities Act, and are freely tradable without restriction for at least the 30-day period preceding such notice, (ii) the Per Share Market Value for the Common Stock has been at least $1.50 per share (subject to adjustment to reflect stock splits, stock dividends, recapitalizations and the like) for each trading day in the 20-trading day period immediately preceding the date of the Call Notice, and (iii) the average daily trading volume for the Common Stock has been at least 75,000 shares for the 10-trading day period immediately preceding the date of the Call Notice. The Call Notice shall state what portion of the Warrant is being Called and on what date the Call shall take effect, which date shall be at least 30 calendar days after the Call Notice is sent to Holder (the “Call Date”). The Company covenants to honor all exercises of this Warrant up until 5:00pm (Eastern Time) on the Call Date, and any such exercises will be applied against the portion of the Warrant being Called. The Call Notice shall be void if on the Call Date, the Warrant Shares are no longer freely tradable without restriction. After 5:01pm (Eastern Time) on the Call Date, any unexercised portion of the Warrant being Called shall be cancelled without any consideration due to the Holder.
No Rights or Liabilities as a Shareholder. This Warrant shall not entitle the Holder hereof to any voting rights or other rights as a shareholder of the Company, until properly exercised.
No Rights or Liabilities as a Shareholder. This Warrant shall not entitle the Holder to any voting rights or other rights as a shareholder of the Company. No provision of this Warrant, in the absence of affirmative action by the holder hereof to purchase Warrant Shares, and no mere enumeration herein of the rights or privileges of the holder hereof, shall give rise to any liability of such holder for the Exercise Price or as a shareholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.
No Rights or Liabilities as a Shareholder. Nothing contained herein shall be construed as conferring upon the holder any rights as a shareholder of the Company or as imposing any obligation on such holder to purchase any securities or as imposing any liabilities on such holder as a shareholder of the Company, whether such obligation or liabilities are asserted by the Company or by creditors of the Company.
No Rights or Liabilities as a Shareholder. This Warrant shall not entitle the ------------------------------------------ holder hereof to any voting rights or other rights as a shareholder of the Company. No provision of this Warrant, in the absence of affirmative action by the holder hereof to purchase Warrant Shares, and no mere enumeration herein of the rights or privileges of the holder hereof, shall give rise to any liability of such holder for the Exercise Price or as a shareholder of the Company, whether such liability is asserted by the Company or by creditors of the Company. -Transfer, Exchange, and Replacement of Warrant. --------------------------------------------------- -
No Rights or Liabilities as a Shareholder. This Warrant shall not entitle the holder hereof to any voting rights or other rights as a shareholder of the Company, provided that nothing in this Section 8.8 shall be construed to affect any of the rights that the Warrant Holder may have under any other provision of this Warrant or any of the other Operative Documents or under any applicable law. No provision of this Warrant, in the absence of an affirmative action by the holder hereof to purchase Common Stock, and no mere enumeration herein of the rights or privileges of the holder hereof, shall give rise to any liability of such holder as a shareholder of the Company, whether such liability is asserted by the Company, by creditors of the Company or by any other Person. [Signature page follows]
No Rights or Liabilities as a Shareholder. This Investment Warrant shall not entitle the Holder to any voting rights or other rights as a shareholder of the Company. No provision of this Investment Warrant, and no mere enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of such Holder, whether such liability is asserted by the Company or creditors of the Company.
No Rights or Liabilities as a Shareholder. This Warrant shall not entitle the holder hereof to any voting rights or other rights as a shareholder of the Company. No provision of this Warrant, in the absence of affirmative action by the holder hereof to purchase Warrant Shares, and no mere enumeration herein of the rights or privileges of the holder hereof, shall give rise to any liability of such holder for the Exercise Price or as a shareholder of the Company, whether such liability is asserted by the Company or by creditors of the Company. TRANSFER, EXCHANGE, AND REPLACEMENT OF WARRANT. RESTRICTION ON TRANSFER. THIS WARRANT AND THE RIGHTS GRANTED TO THE HOLDER HEREOF ARE TRANSFERABLE, IN WHOLE OR IN PART, UPON SURRENDER OF THIS WARRANT, TOGETHER WITH A PROPERLY EXECUTED ASSIGNMENT IN THE FORM ATTACHED HERETO, AT THE OFFICE OR AGENCY OF THE COMPANY REFERRED TO IN PARAGRAPH 7(E) BELOW, PROVIDED, HOWEVER, THAT ANY TRANSFER OR ASSIGNMENT SHALL BE SUBJECT TO THE CONDITIONS SET FORTH IN PARAGRAPH 7(F) HEREOF AND TO THE APPLICABLE PROVISIONS OF THE SECURITIES PURCHASE AGREEMENT. UNTIL DUE PRESENTMENT FOR REGISTRATION OF TRANSFER ON THE BOOKS OF THE COMPANY, THE COMPANY MAY TREAT THE REGISTERED HOLDER HEREOF AS THE OWNER AND HOLDER HEREOF FOR ALL PURPOSES, AND THE COMPANY SHALL NOT BE AFFECTED BY ANY NOTICE TO THE CONTRARY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE REGISTRATION RIGHTS DESCRIBED IN PARAGRAPH 8 ARE ASSIGNABLE ONLY IN ACCORDANCE WITH THE PROVISIONS OF THAT CERTAIN REGISTRATION RIGHTS AGREEMENT OF EVEN DATE HEREWITH BY AND AMONG THE COMPANY AND THE OTHER SIGNATORIES THERETO (THE "REGISTRATION RIGHTS AGREEMENT"). WARRANT EXCHANGEABLE FOR DIFFERENT DENOMINATIONS. THIS WARRANT IS EXCHANGEABLE, UPON THE SURRENDER HEREOF BY THE HOLDER HEREOF AT THE OFFICE OR AGENCY OF THE COMPANY REFERRED TO IN PARAGRAPH 7(E) BELOW, FOR NEW WARRANTS OF LIKE TENOR REPRESENTING IN THE AGGREGATE THE RIGHT TO PURCHASE THE NUMBER OF SHARES OF COMMON STOCK WHICH MAY BE PURCHASED HEREUNDER, EACH OF SUCH NEW WARRANTS TO REPRESENT THE RIGHT TO PURCHASE SUCH NUMBER OF SHARES AS SHALL BE DESIGNATED BY THE HOLDER HEREOF AT THE TIME OF SUCH SURRENDER. REPLACEMENT OF WARRANT. UPON RECEIPT OF EVIDENCE REASONABLY SATISFACTORY TO THE COMPANY OF THE LOSS, THEFT, DESTRUCTION, OR MUTILATION OF THIS WARRANT AND, IN THE CASE OF ANY SUCH LOSS, THEFT, OR DESTRUCTION, UPON DELIVERY OF AN INDEMNITY AGREEMENT REASONABLY SATISFACTORY IN FORM AND AMOUNT TO THE COMPANY, OR, IN THE CASE OF ANY SUCH MUTILATION, UPON SURREND...
