Common use of one Warrant Clause in Contracts

one Warrant. The Common Units, the Pre-Funded Units and the securities included therein (i.e., the Shares, the Pre-Funded Warrants, the Pre-Funded Warrant Shares, the Warrants and the Warrant Shares) are referred to herein as the “Securities.” The documents executed and delivered by the Company and the Purchasers in connection with the Offering (as defined below), including, without limitation, a securities purchase agreement (the “Purchase Agreement”), shall be collectively referred to herein as the “Transaction Documents.” The purchase price to the Purchasers for each Common Unit is $[__] and the purchase price to the Purchasers for each Pre-Funded Unit is $[__]. The Placement Agent may retain other brokers or dealers to act as sub-agents or selected-dealers on its behalf in connection with the Offering. Notwithstanding anything herein to the contrary, in the event that the Placement Agent determines that any of the terms provided for hereunder do not comply with a rule of the Financial Industry Regulatory Authority (“FINRA”), including but not limited to FINRA Rule 5110, then the Company shall agree to amend this Agreement in writing upon the request of the Placement Agent to comply with any such rules; provided that any such amendments shall not provide for terms that are less favorable to the Company than the terms of this Agreement.

Appears in 1 contract

Sources: Placement Agency Agreement (Wisa Technologies, Inc.)

one Warrant. The Common Units, the Pre-Funded Units and the securities included therein (i.e., the Shares, the Pre-Funded Warrants, the Pre-Funded Warrant Shares, the Warrants and the Warrant Shares) Shares are referred to herein as the “Securities.” The documents executed and delivered by the Company and the Purchasers in connection with the Offering (as defined below), including, without limitation, a securities purchase agreement (the “Purchase Agreement”), shall be collectively referred to herein as the “Transaction Documents.” The purchase price to the Purchasers for each Common Unit is $[__] and the purchase price to the Purchasers for each Pre-Funded Unit is will equal the price per Common Unit, minus $[__]0.001. The Placement Agent Agents may retain other brokers or dealers to act as sub-agents or selected-dealers on its behalf in connection with the Offering. Notwithstanding anything herein to the contrary, in the event that the Placement Agent determines Agents determine that any of the terms provided for hereunder do not comply with a rule of the Financial Industry Regulatory Authority (“FINRA”), including but not limited to FINRA Rule 5110, then the Company shall agree to amend this Agreement in writing upon the request of the Placement Agent Agents to comply with any such rules; provided that any such amendments shall not provide for terms that are less favorable to the Company than the terms of this Agreement.

Appears in 1 contract

Sources: Placement Agency Agreement (Biolase, Inc)

one Warrant. The Common Units, the Pre-Funded Units and the securities included therein (i.e., the Shares, the Pre-Funded Warrants, the Pre-Funded Warrant Shares, the Warrants and the Warrant Shares) Shares are referred to herein as the “Securities.” ”). The documents executed and delivered by the Company and the Purchasers in connection with the Offering (as defined below), including, without limitation, a securities purchase agreement (the “Purchase Agreement”), shall be collectively referred to herein as the “Transaction Documents.” The purchase price to the Purchasers for each Common Unit is $[__[ ] and the purchase price to the Purchasers for each Pre-Funded Unit is will equal the price per Common Unit, minus $[__]0.001. The Placement Agent Agents may retain other brokers or dealers to act as sub-agents or selected-dealers on its behalf in connection with the Offering. Notwithstanding anything herein to the contrary, in the event that the Placement Agent determines Agents determine that any of the terms provided for hereunder do not comply with a rule of the Financial Industry Regulatory Authority (“FINRA”), including but not limited to FINRA Rule 5110, then the Company shall agree to amend this Agreement in writing upon the request of the Placement Agent Agents to comply with any such rules; provided that any such amendments shall not provide for terms that are less favorable to the Company than the terms of this Agreement.

Appears in 1 contract

Sources: Placement Agency Agreement (Biolase, Inc)

one Warrant. The Common Units, the Pre-Funded Units and the securities included therein (i.e., the Shares, the Pre-Funded Warrants, the Pre-Funded Warrant Shares, the Warrants and the Warrant Shares) Shares are referred to herein as the “Securities.” The documents executed and delivered terms of the Placement shall be mutually agreed upon by the Company and the Purchasers in connection with Purchasers, and nothing herein constitutes that the Offering (as defined below)Placement Agent would have the power or authority to bind the Company or any Purchaser, including, without limitation, a securities purchase agreement (or an obligation for the “Purchase Agreement”), shall be collectively referred Company to herein as issue any Securities or complete the “Transaction Documents.” Placement. The purchase price to the Purchasers for each Common Unit is $[__] and the purchase price to the Purchasers for each Pre-Funded Unit is $[__]. The Placement Agent may retain other brokers or dealers to act as sub-agents or selected-dealers on its behalf in connection with the Offering. Notwithstanding anything herein to the contraryPlacement; provided, in the event however, that the Placement Agent determines that any of the terms provided for hereunder do not comply with a rule of the Financial Industry Regulatory Authority (“FINRA”), including but not limited to FINRA Rule 5110, then the Company shall agree to amend this Agreement in writing upon the request of the Placement Agent to comply with first approve any such rules; provided that sub-agents. The sale of Securities to any Purchaser will be evidenced by a securities purchase agreement (the “Purchase Agreement”) between the Company and such amendments shall not provide for Purchaser, in a form reasonably acceptable to the Company and the Purchaser. Capitalized terms that are less favorable not otherwise defined herein have the meanings given to such terms in the Purchase Agreement. Prior to the signing of any Purchase Agreement, officers of the Company than the terms of this Agreementwill be available to answer inquiries from prospective Purchasers.

Appears in 1 contract

Sources: Placement Agent Agreement (Adamis Pharmaceuticals Corp)

one Warrant. The Common Units, the Pre-Funded Units and the securities included therein (i.e., the Shares, the Pre-Funded Warrants, the Pre-Funded Warrant Shares, the Warrants and the Warrant Shares) are referred to herein as the “Securities.” The documents executed and delivered by the Company and the Purchasers in connection with the Offering (as defined below), including, without limitation, a securities purchase agreement (the “Purchase Agreement”), shall be collectively referred to herein as the “Transaction Documents.” The purchase price to the Purchasers for each Common Unit is $[__] 0.065 and the purchase price to the Purchasers for each Pre-Funded Unit is $[__]0.0649. The Placement Agent may retain other brokers or dealers to act as sub-agents or selected-dealers on its behalf in connection with the Offering. Notwithstanding anything herein to the contrary, in the event that the Placement Agent determines that any of the terms provided for hereunder do not comply with a rule of the Financial Industry Regulatory Authority (“FINRA”), including but not limited to FINRA Rule 5110, then the Company shall agree to amend this Agreement in writing upon the request of the Placement Agent to comply with any such rules; provided that any such amendments shall not provide for terms that are less favorable to the Company than the terms of this Agreement.

Appears in 1 contract

Sources: Placement Agency Agreement (Wisa Technologies, Inc.)