Common use of Partial Exercise; Effective Date of Exercise Clause in Contracts

Partial Exercise; Effective Date of Exercise. In case of any partial exercise of this Warrant, the Holder and the Company shall cancel this Warrant upon surrender hereof and shall execute and deliver a new Common Stock Purchase Warrant of like tenor and date for the balance of the shares of Common Stock purchasable hereunder. This Warrant shall be deemed to have been exercised immediately prior to the close of business on the date of its surrender for exercise as provided above. The Company acknowledges that the person entitled to receive the shares of Common Stock issuable upon exercise of this Warrant shall be treated for all purposes as the holder of record of such shares as of the close of business on the date the Holder is deemed to have exercised this Warrant.

Appears in 5 contracts

Samples: Common Stock Purchase Warrant (Cyberkinetics Neurotechnology Systems, Inc.), Common Stock Purchase Warrant (China Precision Steel, Inc.), Common Stock Purchase Warrant (Cyberkinetics Neurotechnology Systems, Inc.)

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Partial Exercise; Effective Date of Exercise. In case of any partial exercise of this Warrant, the Holder and the Company shall cancel this Warrant upon surrender hereof and shall execute and deliver a new Common Stock Purchase Warrant of like tenor and date for the balance of the shares of Common Stock purchasable hereunder. This Warrant shall be deemed to have been exercised immediately prior to the close of business on the date of its surrender for exercise as provided above. The Company acknowledges that the person entitled to receive the shares of Common Stock issuable upon exercise of this Warrant shall be treated for all purposes as the holder of record of such shares as of the close of business on the date the Holder is deemed to have exercised this Warrant.

Appears in 4 contracts

Samples: Loan and Security Agreement (InterMetro Communications, Inc.), Loan and Security Agreement (InterMetro Communications, Inc.), Loan and Security Agreement (InterMetro Communications, Inc.)

Partial Exercise; Effective Date of Exercise. In case of any partial exercise of this Warrant, the Holder and the Company shall cancel this Warrant upon surrender hereof and shall execute and deliver a new Common Stock Purchase Warrant of like tenor and date for the balance of the shares of Common Stock purchasable hereunder. This Warrant shall be deemed to have been exercised immediately prior to the close of business on the date of its delivery of a Notice of Exercise (provided that surrender for exercise of this Warrant and payment of the Exercise Amount occur as provided above). The Company acknowledges that the person entitled to receive the shares of Common Stock issuable upon exercise of this Warrant shall be treated for all purposes as the holder of record of such shares as of the close of business on the date the Holder is deemed to have exercised this Warrant.

Appears in 4 contracts

Samples: Purchase Common Stock (Arista Power, Inc.), Arista Power, Inc., WindTamer Corp

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Partial Exercise; Effective Date of Exercise. This Warrant may be partially exercised only in amounts that result in the issuance of 50,000 or more shares of Common Stock. In case of any partial exercise of this Warrant, the Holder and the Company shall cancel this Warrant upon surrender hereof and shall execute and deliver a new Common Stock Purchase Warrant of like tenor and date for the balance of the shares of Common Stock purchasable hereunder. This Warrant shall be deemed to have been exercised immediately prior to the close of business on the date of its surrender for exercise as provided above. The Company acknowledges that the person Person entitled to receive the shares of Common Stock issuable upon exercise of this Warrant shall be treated for all purposes as the holder of record of such shares as of the close of business on the date the Holder is deemed to have exercised this Warrant.

Appears in 1 contract

Samples: Asset Purchase Agreement (Accom Inc)

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