Other Company Warrants. The Company shall have cashed out any Other Warrant Holder who has not provided a Warrant Holder Agreement; provided, however, that the aggregate amount of such cash out for any and all Other Warrant Holders who have not provided a Warrant Holder Agreement shall not exceed $150,000.
Other Company Warrants. At the Effective Time, by virtue of the Merger and without any action on the part of Acquiror, Merger Sub, the Company, any Securityholder or any other Person, each Out-of-the-Money Company Warrant shall be terminated and cancelled without any consideration therefor.
Other Company Warrants. To the extent the Company Warrants that are not a Pre-Funded Warrant (the “Other Company Warrants”) remain outstanding as of immediately prior to the Offer Closing Time, (i) any portion of the Other Company Warrants that then remains unexercised shall, in accordance with Section 1.6 of the Other Company Warrants, be exercised automatically in whole (and not in part) as of immediately prior to, and contingent upon, the Offer Closing Time (without any further action by the holder thereof) pursuant to the net exercise provisions set forth in Section 1.6 and Section 1.2 of the Other Company Warrants, and each share of Company Common Stock issuable pursuant to such automatic exercise of the Other Company Warrants (each, a “Warrant Share”) shall be issued by the Company to the holder of the Other Company Warrants and be outstanding as of immediately prior to the Effective Time, and treated identically to the other shares of Company Common Stock outstanding immediately prior to the Effective Time in accordance with the terms of this Agreement; provided that, for the avoidance of doubt, nothing in this Agreement shall entitle the holder of the Other Company Warrants to receive any consideration or payment in respect of the Other Company Warrants or any Warrant Share other than the Merger Consideration payable with respect to such Warrant Shares pursuant to Section 3.08, less any applicable Tax withholding.
Other Company Warrants. To the extent the Company Warrant that is not a Pre-Funded Warrant (the “Other Company Warrant”) remains outstanding as of immediately prior to the Effective Time, (i) any portion of the Other Company Warrant that then remains unexercised shall, in accordance with Section 2.7 of the Other Company Warrant, be exercised automatically in whole (and not in part) as of immediately prior to the Effective Time (without any further action by the holder thereof) pursuant to the net exercise provisions set forth in Section 2.6 of the Other Company Warrant (as though the holder of the Other Company Warrant had elected to exercise its rights pursuant to Section 2.6 of the Other Company Warrant), and each share of Company Common Stock issuable pursuant to such automatic exercise of the Other Company Warrant (each, a “Warrant Share”) shall be issued by the Company to the holder of the Other Company Warrant and be outstanding immediately prior the Effective Time, and (ii) at the Effective Time, each Warrant Share shall (without any action on the part of Parent, Merger Sub, the Company or the holder thereof) automatically be canceled and retired and cease to exist and be converted into the right of the holder of the Warrant Shares to receive the Merger Consideration pursuant to Section 3.01(c); provided that, for the avoidance of doubt, neither the Other Company Warrant nor any Warrant Share shall entitle the holder of the Other Company Warrant to receive any consideration or payment other than the Merger Consideration payable with respect to such Warrant Shares pursuant to Section 3.01(c), and, at the Effective Time, the holder of the Other Company Warrant shall cease to have any rights with respect to the Warrant Shares or the Other Company Warrant, except the right to receive the Merger Consideration in respect of the Warrant Shares in accordance with Section 3.02(b), less any applicable tax withholding.
