Partial Exercise of Special Warrants; Fractions. (a) The holder of any Special Warrants may exercise its right to acquire Units in part and may thereby acquire a number of Units less than the aggregate number which the holder is entitled to acquire pursuant to the Special Warrant Certificate(s) surrendered in connection therewith, provided that, in no event will fractional Unit Shares or Warrants be issued with regard to the applicable Special Warrants exercised. In the event of any acquisition of a number of Units less than the number which the holder is entitled to acquire, the holder of the Special Warrants will, upon exercise thereof, be entitled to receive, without charge therefor, a new Special Warrant Certificate or Special Warrant Certificates representing the balance of the Units which such holder was entitled to acquire pursuant to the surrendered Special Warrant Certificate(s) and which were not then acquired. (b) Notwithstanding anything contained in this Indenture, including any adjustment provided for in Article 4, the Corporation will not be required, upon the exercise of any Special Warrants to issue fractions of Unit Shares or Warrants or to issue certificates which evidence a fractional Unit Share or Warrant. Any fractional Unit Shares or Warrants will be rounded down to the nearest whole Unit Share or Warrant, as applicable.
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Samples: Special Warrant Indenture (Niocorp Developments LTD), Special Warrant Indenture (Niocorp Developments LTD)
Partial Exercise of Special Warrants; Fractions. (a) The holder of any Special Warrants may exercise its right to acquire Units in part and may thereby acquire a number of Units less than the aggregate number which the holder is entitled to acquire pursuant to the Special Warrant Certificate(s) surrendered in connection therewith; provided, provided however, that, in no event will fractional Unit Underlying Shares or Underlying Warrants be issued with regard to the applicable Special Warrants exercised. In the event of any acquisition of a number of Units less than the number which the holder is entitled to acquire, the holder of the Special Warrants will, upon exercise thereof, be entitled to receive, without charge therefor, a new Special Warrant Certificate or Special Warrant Certificates or, if in uncertificated form, customer confirmation in the Book-Entry Only System representing the balance of the Units which such holder was entitled to acquire pursuant to the surrendered Special Warrant Certificate(s) and which were not then acquired.
(b) Notwithstanding anything contained in this Indenture, including any adjustment provided for in Article 4, the Corporation Company will not be required, upon the exercise of any Special Warrants to issue fractions of Unit fractional Underlying Shares or Underlying Warrants or to issue certificates which evidence a fractional Unit Underlying Share or Underlying Warrant. Any fractional Unit Underlying Shares or Underlying Warrants will be rounded down to the nearest whole Unit Underlying Share or Underlying Warrant, as applicable.
Appears in 2 contracts
Samples: Special Warrant Indenture, Special Warrant Indenture
Partial Exercise of Special Warrants; Fractions. (a) The holder of any Special Warrants may exercise its right to acquire Units in part and may thereby acquire a number of Units less than the aggregate number which the holder is entitled to acquire pursuant to the Special Warrant Certificate(s) surrendered in connection therewith; provided, provided however, that, in no event will fractional Unit Shares or Unit Warrants be issued with regard to the applicable Special Warrants exercised. In the event of any acquisition of a number of Units less than the number which the holder is entitled to acquire, the holder of the Special Warrants will, upon exercise thereof, be entitled to receive, without charge therefor, a new Special Warrant Certificate or Special Warrant Certificates or, if in uncertificated form, customer confirmation in the Book-Entry Only System representing the balance of the Units which such holder was entitled to acquire pursuant to the surrendered Special Warrant Certificate(s) and which were Warrants. Holders will not then acquiredreceive any compensation as a result of rounding.
(b) Notwithstanding anything contained in this Indenture, including any adjustment provided for in Article 4, the Corporation Company will not be required, upon the exercise of any Special Warrants to issue fractions of fractional Unit Shares or Unit Warrants or to issue certificates which evidence a fractional Unit Share Shares or WarrantUnit Warrants. Any fractional Unit Shares or Unit Warrants will be rounded down to the nearest whole Unit Share or Unit Warrant, as applicable.
Appears in 1 contract
Samples: Special Warrant Indenture