Common use of Partial Exercise of Warrants; Fractions Clause in Contracts

Partial Exercise of Warrants; Fractions. (a) The holder of any Warrants may acquire a number of Common Shares less than the number which the holder is entitled to acquire pursuant to the surrendered Warrant Certificate(s). In the event of any exercise of a number of Warrants less than the number which the holder is entitled to exercise, the holder of the Warrants upon exercise thereof shall, in addition, be entitled to receive, without charge therefor, a new Warrant Certificate(s) in respect of the balance of the Warrants which such holder was entitled to exercise pursuant to the surrendered Warrant Certificate(s) and which were not then exercised. (b) Notwithstanding anything herein contained including any adjustment provided for in Article 4, the Corporation shall not be required, upon the exercise of any Warrants, to issue fractions of Common Shares or to distribute certificates which evidence fractional Common Shares. In lieu of fractional Common Shares, the Corporation shall pay to the holder who would otherwise be entitled to receive fractional Common Shares upon an exercise of Warrants, within 10 Business Days after the date upon which the fractional Common Shares would have been issued, an amount in lawful money of Canada equal to the Current Market Price of the Common Shares as of the Exercise Date multiplied by an amount equal to the fractional interest of Common Shares such holder would otherwise be entitled to receive upon such exercise, provided that the Corporation shall not be required to make any payment, calculated as aforesaid, that is less than $10.00. The price to be paid shall be provided by the Corporation in writing to the Trustee upon request.

Appears in 3 contracts

Samples: Warrant Indenture (Transatlantic Petroleum Corp.), Warrant Indenture (Transatlantic Petroleum Corp.), Warrant Indenture (Transatlantic Petroleum Corp.)

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Partial Exercise of Warrants; Fractions. (a) The holder of any Warrants may acquire a number of Common Shares less than the number which the holder is entitled to acquire pursuant to the surrendered Warrant Certificate(s). In the event of any exercise of a number of Warrants less than the number which the holder is entitled to exercise, the holder of the Warrants upon exercise thereof shall, in addition, be entitled to receive, without charge therefor, a new Warrant Certificate(s) in respect of the balance of the Warrants which such holder was entitled to exercise pursuant to the surrendered Warrant Certificate(s) and which were not then exercised. If any interest in a Global Warrant is exercised in part, the amounts of such Global Warrant shall, in accordance with Applicable Procedures and instructions existing between the Depository and the Trustee, be proportionately reduced and an endorsement shall be made on such Global Warrant, by the Trustee to reflect such reduction. (b) Notwithstanding anything herein contained including any adjustment provided for in Article 4, the Corporation shall not be required, upon the exercise of any Warrants, to issue fractions of Common Shares or to distribute certificates which evidence fractional Common Shares. In lieu of fractional Common Shares, the Corporation shall pay to the holder who would otherwise be entitled to receive fractional Common Shares upon an exercise of Warrants, within 10 Business Days after the date upon which the fractional Common Shares would have been issued, an amount in lawful money of Canada the United States equal to the Current Market Price of the Common Shares as of the Exercise Date multiplied by an amount equal to the fractional interest of Common Shares such holder would otherwise be entitled to receive upon such exercise, provided that the Corporation shall not be required to make any payment, calculated as aforesaid, that is less than $US$10.00. The price to be paid shall be provided by the Corporation in writing to the Trustee upon request.

Appears in 3 contracts

Samples: Warrant Indenture (Oilsands Quest Inc), Warrant Indenture (Oilsands Quest Inc), Warrant Indenture (Oilsands Quest Inc)

Partial Exercise of Warrants; Fractions. (a) The holder of any Warrants may acquire a number of Common Shares less than the number which the holder is entitled to acquire pursuant to the surrendered Warrant Certificate(s). In the event of any exercise of a number of Warrants less than the number which the holder is entitled to exercise, the holder of the Warrants upon exercise thereof shall, in addition, be entitled to receive, without charge therefor, a new Warrant Certificate(s) in respect of the balance of the Warrants which such holder was entitled to exercise pursuant to the surrendered Warrant Certificate(s) and which were not then exercised. (b) Notwithstanding anything herein contained including any adjustment provided for in Article 4, the Corporation shall not be required, upon the exercise of any Warrants, to issue fractions of Common Shares or to distribute certificates which evidence fractional Common Shares. In lieu of fractional Common Shares, the Corporation shall pay to the holder who would otherwise be entitled to receive fractional Common Shares upon an exercise of Warrants, within 10 Business Days after the date upon which the fractional Common Shares would have been issued, an amount in lawful money of Canada equal to the Current Market Price of the Common Shares as of the Exercise Date multiplied by an amount equal to the fractional interest of Common Shares such holder would otherwise be entitled to receive upon such exercise, provided that the Corporation shall not be required to make any payment, calculated as aforesaid, that is less than $10.00. The price to be paid shall be provided by the Corporation in writing to the Trustee Warrant Agent upon request.

Appears in 2 contracts

Samples: Warrant Indenture, Warrant Indenture

Partial Exercise of Warrants; Fractions. (a) The holder of any Warrants may exercise his right to acquire Common Shares in part and may thereby acquire a number of Common Shares less than the aggregate number which the such holder is entitled to acquire pursuant to the surrendered Warrant Certificate(s). In the event of any exercise of a number of Warrants less than the number which the holder is entitled to exercise, the holder of the Warrants upon such exercise thereof shall, in addition, be entitled to receive, without charge therefor, a new Warrant Certificate(s) in respect of the balance of the Warrants which such holder was entitled to exercise pursuant to represented by the surrendered Warrant Certificate(s) and which were not then exercised. (b) Notwithstanding anything herein contained including any adjustment provided for in Article 4, the Corporation shall not be required, upon the exercise of any Warrants, to issue fractions of Common Shares or to distribute certificates or Warrants which evidence a fractional Common SharesShare. In lieu of a fractional Common SharesShare, the Corporation shall pay to the holder who would otherwise be entitled to receive a fractional Common Shares Share upon an exercise of Warrants, within 10 five (5) Business Days after the date upon which the fractional Common Shares would have been issuedExercise Date, an amount in lawful money of Canada equal to the Current Market Price of the Common Shares as of on the Exercise Date multiplied by an amount equal to the fractional interest of Common Shares such holder would otherwise be entitled to receive upon such exercise, provided that the Corporation shall make only one such payment for each beneficial holder exercising such Warrants and shall not be required to make any payment, calculated as aforesaid, that is less than $10.00. The price to be paid shall be provided by the Corporation in writing to the Trustee upon request.

Appears in 1 contract

Samples: Warrant Indenture (Oncolytics Biotech Inc)

Partial Exercise of Warrants; Fractions. (a) The holder of any Warrants Warrant Certificate(s) may acquire a number of Common Shares less than the number which the holder is entitled to acquire pursuant to the surrendered Warrant Certificate(s)) provided that, in no event shall fractional Common Shares be issued with regard to Warrants exercised. In the event of any exercise acquisition of a number of Warrants Common Shares less than the number which the holder is entitled to exerciseacquire, the holder of the Warrants Warrant Certificate(s) upon exercise thereof shall, in addition, be entitled to receive, without charge therefor, a new Warrant Certificate(s) in respect of the balance of the Warrants Common Shares which such holder was entitled to exercise acquire pursuant to the surrendered Warrant Certificate(s) and which were not then exercisedacquired. (b) Notwithstanding anything herein contained including any adjustment provided for in Article 4, the Corporation Company shall not be required, upon the exercise of any Warrants, to issue fractions of Common Shares or to distribute certificates which evidence fractional Common Shares. In lieu of fractional Common Shares, the Corporation there shall pay be paid to the holder who would otherwise be entitled to receive fractional Common Shares upon an surrender of Warrant Certificate(s) for exercise of WarrantsWarrants pursuant to Section 3.1, within 10 ten (10) Business Days after the date upon which the fractional Common Shares would have been issuedsurrender, an amount in lawful money of Canada equal to the Current Market Price then current market value of such fractional interest calculated on the basis of the closing price of the Common Shares as of on The Toronto Stock Exchange on the Trading Day immediately prior to the Exercise Date multiplied by an amount equal to the fractional interest of Common Shares such holder would otherwise be entitled to receive upon such exerciseDate, provided that the Corporation no such cheque shall not be required to make any payment, calculated as aforesaid, that is issued for less than $10.00. The price to be paid shall be provided by the Corporation in writing to the Trustee upon request5.00.

Appears in 1 contract

Samples: Warrant Indenture (Spectrum Signal Processing Inc)

Partial Exercise of Warrants; Fractions. (a) The holder of any Warrants may acquire a number of Common Shares less than the number which the holder is entitled to acquire pursuant to the surrendered Warrant Certificate(s). In the event of any exercise of a number of Warrants less than the number which the holder is entitled to exercise, the holder of the Warrants upon exercise thereof shall, in addition, be entitled to receive, receive without charge therefor, a new Warrant Certificate(s) in respect of the balance of the Warrants which such holder was entitled to exercise pursuant to the surrendered Warrant Certificate(s) and which were not then exercised. (b) Notwithstanding anything herein contained including any adjustment provided for in Article 4, the Corporation shall not be required, upon the exercise of any Warrants, to issue fractions of Common Shares or to distribute certificates which evidence fractional Common Shares. In lieu of fractional Common Shares, the Corporation shall pay to the holder who would otherwise be entitled to receive fractional Common Shares upon an exercise of Warrants, within 10 Business Days after the date upon which the fractional Common Shares would have been issued, an amount in lawful money of Canada equal to the Current Market Price of the Common Shares as of the Exercise Date multiplied by an amount equal to the fractional interest of Common Shares such holder would otherwise be entitled to receive upon such exercise, provided that the Corporation shall not be required to make any payment, calculated as aforesaid, that is less than $10.00. The price to be paid shall be provided by the Corporation in writing to the Trustee Warrant Agent upon request.

Appears in 1 contract

Samples: Supplemental Warrant Indenture (Gran Tierra Energy, Inc.)

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Partial Exercise of Warrants; Fractions. (a) The holder of any Warrants may exercise his right to acquire Common Shares in part and may thereby acquire a number of Common Shares less than the aggregate number which such holder is entitled to acquire pursuant to Warrant Certificate(s) surrendered in connection therewith, provided that, in no event shall fractional Common Shares be issued with regard to Warrants exercised. In the event of any acquisition of a number of Common Shares less than the number which the holder is entitled to acquire pursuant to the surrendered Warrant Certificate(s). In the event of any exercise of a number of Warrants less than the number which the holder is entitled to exerciseacquire, the holder of the Warrants shall, upon exercise thereof shall, in additionthereof, be entitled to receive, without charge therefor, a new Warrant Certificate(s) in respect of Certificate or Warrant Certificates representing the balance of the Warrants Common Shares which such holder was entitled to exercise acquire pursuant to the surrendered Warrant Certificate(s) and which were not then exercisedacquired. (b) Notwithstanding anything herein contained in this Indenture, including any adjustment provided for in Article 4, the Corporation shall not be required, upon the exercise of any Warrants, to issue fractions of Common Shares or to distribute issue certificates which evidence a fractional Common SharesShare. In lieu of a fractional Common SharesShare, the Corporation shall pay to the holder any holder, who would otherwise be entitled to receive acquire a fractional interest in a Common Shares Share upon an the exercise of Warrants, within 10 Business Days after the date upon which the fractional Common Shares would have been issuedExercise Date, an amount in lawful money of Canada equal to the Current Market Price then current market value of such fractional interest, computed on the basis of the closing price of the Common Shares, as applicable, on The Toronto Stock Exchange (or if the Common Shares are not then listed thereon on such other exchange on which such shares are listed or, if not listed on any exchange, on the over-the-counter market, or, if not traded on any over the counter market, as designated by action of the directors) for the Trading Day immediately prior to the Exercise Date multiplied by an amount equal or where there is no sale on the applicable exchange or market on the Trading Day immediately prior to the fractional interest Exercise Date, the average of Common Shares such holder would otherwise be entitled to receive upon such exercise, the last bid and ask prices on the applicable exchange or market provided that the Corporation shall not be required to make any payment, calculated as aforesaid, that is less than $10.00. The price to be paid shall be provided by the Corporation in writing to the Trustee upon request1.00.

Appears in 1 contract

Samples: Warrant Indenture (Champion Communication Services Inc)

Partial Exercise of Warrants; Fractions. β€Œ (a) The holder of any Warrants may acquire a number of Common Shares less than the number which the holder is entitled to acquire pursuant to the surrendered Warrant Certificate(s)acquire. In the event of any exercise of a number of Warrants less than the number which the holder is entitled to exercise, the holder of the Warrants upon exercise thereof shall, in addition, be entitled to receive, without charge therefor, a new Warrant Certificate(s) ), bearing the same legend, if applicable, in respect of the balance of the Warrants which such holder was entitled to exercise pursuant to the surrendered Warrant Certificate(s) and which were not then exercised. (b) Notwithstanding anything herein contained including any adjustment provided for in Article 4, the Corporation shall not be required, upon the exercise of any Warrants, to issue fractions of Common Shares or to distribute certificates which evidence fractional Common Shares. In lieu of fractional Common Shares, the Corporation shall pay to the holder who would otherwise be entitled to receive fractional Common Shares upon an exercise of Warrants, within 10 Business Days after the date upon which the fractional Common Shares would have been issued, an amount in lawful money of Canada equal to the Current Market Price of the Common Shares as of the Exercise Date multiplied by an amount equal to the fractional interest of Common Shares such holder would otherwise be entitled to receive upon such exercise, provided that the Corporation shall not be required to make any payment, calculated as aforesaid, that is less than $10.00. The price to be paid shall be provided by the Corporation in writing to the Trustee Warrant Agent upon request.

Appears in 1 contract

Samples: Warrant Indenture

Partial Exercise of Warrants; Fractions. β€Œ (a) The holder of any Warrants may acquire a number of Common Shares less than the number which the holder is entitled to acquire pursuant to the surrendered Warrant Certificate(s). In the event of any exercise of a number of Warrants less than the number which the holder is entitled to exercise, the holder of the Warrants upon exercise thereof shall, in addition, be entitled to receive, without charge therefor, a new Warrant Certificate(s) in respect of the balance of the Warrants which such holder was entitled to exercise pursuant to the surrendered Warrant Certificate(s) and which were not then exercised. (b) Notwithstanding anything herein contained including any adjustment provided for in Article 4, the Corporation shall not be required, upon the exercise of any Warrants, to issue fractions of Common Shares or to distribute certificates which evidence fractional Common Shares. In lieu of fractional Common Shares, the Corporation shall pay to the holder who would otherwise be entitled to receive fractional Common Shares upon an exercise of Warrants, within 10 Business Days after the date upon which the fractional Common Shares would have been issued, an amount in lawful money of Canada equal to the Current Market Price of the Common Shares as of the Exercise Date multiplied by an amount equal to the fractional interest of Common Shares such holder would otherwise be entitled to receive upon such exercise, provided that the Corporation shall not be required to make any payment, calculated as aforesaid, that is less than $10.00. The price to be paid shall be provided by the Corporation in writing to the Trustee Warrant Agent upon request.

Appears in 1 contract

Samples: Warrant Indenture

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