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 Company shall cancel this Warrant upon surrender hereof and shall execute and deliver a new 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 delivery of a Notice of Exercise (provided that surrender of this Warrant and payment of the Exercise Amount occur as provided above). 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

Sources: Warrant to Purchase Common Stock (Arista Power, Inc.), Warrant to Purchase Common Stock (Arista Power, Inc.), Warrant to Purchase Common Stock (WindTamer Corp)

Partial Exercise; Effective Date of Exercise. In case of any partial exercise of this Warrant, the Company shall cancel this Warrant upon surrender hereof and shall execute and deliver a new 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 delivery of a Notice of Exercise (provided that its surrender of this Warrant and payment of the Exercise Amount occur for exercise as provided above, provided that if the Warrant as provided in Section 2.1(a) and, if applicable, the payment therefor as provided in Section 2.1(b), are not delivered concurrently with the Notice of Exercise, this Warrant shall be deemed to have been exercised at such later date as this Warrant and, if applicable, the above-described payment are delivered. 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 1 contract

Sources: Senior Secured Credit Agreement (Adflex Solutions Inc)

Partial Exercise; Effective Date of Exercise. In case of any Upon every partial exercise of this Warrant, the Company shall cancel this Warrant upon surrender hereof and shall execute and deliver a new 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 delivery of a Notice of Exercise (provided that surrender of this Warrant and payment of the Exercise Amount occur as provided above). 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 1 contract

Sources: Warrant Agreement (Imperial Holdings, LLC)