Common use of Partial Exercise or Exchange Clause in Contracts

Partial Exercise or Exchange. If a Holder shall exercise or exchange a Warrant for less than all of the Warrant Shares that could be purchased or received thereunder, the Company shall issue, register and deliver to the Holder, as promptly as practicable but in any event within ten (10) Business Days of the Delivery Date, a new Warrant evidencing the right to purchase the remaining Warrant Shares. In the case of an exchange pursuant to Section 4.2, the number of remaining Warrant Shares shall be the original number of Warrant Shares subject to the Warrant so exchanged reduced by the Allocable Number. Each Warrant surrendered pursuant to Section 4.1 or 4.2 shall be canceled.

Appears in 4 contracts

Samples: Warrant Agreement (Eagle Pacific Industries Inc/Mn), Warrant Agreement (Pw Eagle Inc), Warrant Agreement (Carrizo Oil & Gas Inc)

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Partial Exercise or Exchange. If a Holder shall exercise or exchange a Warrant for less than all of the Warrant Shares that could be purchased or received thereunder, the Company Issuer shall issue, register and deliver to the Holder, as promptly as practicable but in any event within ten (10) three Business Days of following the Delivery Date, a new Warrant evidencing the right to purchase the remaining Warrant Shares. In the case of an exchange pursuant to Section 4.2, the number of remaining Warrant Shares shall be the original number of Warrant Shares subject to the Warrant so exchanged reduced by the Allocable Exchange Number. Each Warrant surrendered pursuant to Section 4.1 or 4.2 shall be canceledcancelled.

Appears in 3 contracts

Samples: Warrant Agreement (Avenue Capital Management II, L.P.), Second Lien Subordinated Note Purchase Agreement (NextWave Wireless Inc.), Warrant Agreement (NextWave Wireless LLC)

Partial Exercise or Exchange. If a Holder shall exercise or exchange a Warrant for less than all of the Warrant Shares that could be purchased or received thereunder, the Company Issuer shall issue, register and deliver to the Holder, as promptly as reasonably practicable but in any event within ten (10) five Business Days of following the Delivery Date, a new Warrant evidencing the right to purchase the remaining Warrant Shares. In the case of an exchange pursuant to Section 4.2, the number of remaining Warrant Shares shall be the original number of Warrant Shares subject to the Warrant so exchanged reduced by the Allocable Exchange Number. Each Warrant surrendered pursuant to Section 4.1 or 4.2 shall be canceledcancelled.

Appears in 2 contracts

Samples: Warrant Agreement (Gsi Group Inc), Warrant Agreement (Gsi Group Inc)

Partial Exercise or Exchange. If a Holder shall exercise or exchange a Warrant for less than all of the Warrant Shares that could be purchased or received thereunder, the Company Issuer shall issue, register and deliver to the Holder, as promptly as practicable but in any SF1:761432 8 event within ten (10) three Business Days of following the Delivery Date, a new Warrant evidencing the right to purchase the remaining Warrant Shares. In the case of an exchange pursuant to Section 4.2, the number of remaining Warrant Shares shall be the original number of Warrant Shares subject to the Warrant so exchanged reduced by the Allocable Exchange Number. Each Warrant surrendered pursuant to Section 4.1 or 4.2 shall be canceledcancelled.

Appears in 1 contract

Samples: Warrant Agreement (NextWave Wireless Inc.)

Partial Exercise or Exchange. If a Holder shall exercise or exchange a Warrant for less than all of the Warrant Shares that could be purchased or received thereunder, the Company shall issue, register and deliver to the Holder, as promptly as practicable practicable, but in any event within ten (10) Business Days of Days, after the Delivery Date, a new Warrant evidencing the right to purchase the remaining Warrant Shares. In the case of an exchange pursuant to Section 4.2, the number of remaining Warrant Shares shall be the original number of Warrant Shares subject to issuable upon exercise of the Warrant so exchanged immediately prior to the exchange reduced by the Allocable Number. Each Warrant surrendered pursuant to Section 4.1 or 4.2 shall be canceled.

Appears in 1 contract

Samples: Warrant Agreement (Pw Eagle Inc)

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Partial Exercise or Exchange. If a Holder shall exercise or exchange a Warrant for less than all of the Warrant Shares that could be purchased or received thereunder, the Company Issuer shall issue, register and deliver to the Holder, as promptly as practicable but in any SF1:761466 8 event within ten (10) three Business Days of following the Delivery Date, a new Warrant evidencing the right to purchase the remaining Warrant Shares. In the case of an exchange pursuant to Section 4.2, the number of remaining Warrant Shares shall be the original number of Warrant Shares subject to the Warrant so exchanged reduced by the Allocable Exchange Number. Each Warrant surrendered pursuant to Section 4.1 or 4.2 shall be canceledcancelled.

Appears in 1 contract

Samples: Warrant Agreement (NextWave Wireless Inc.)

Partial Exercise or Exchange. If a Holder shall exercise or exchange a Warrant for less than all of the Warrant Shares that could be purchased or received thereunder, the Company shall issue, register and deliver to the Holder, as promptly as practicable but in any event within ten two (102) Business Days of following the Delivery Date, a new Warrant evidencing the right to purchase the remaining Warrant SharesShares represented by such Warrants. In the case of an exchange pursuant to Section 4.2, the number of remaining Warrant Shares represented by such Warrant shall be the original number of Warrant Shares subject to the Warrant so exchanged reduced by the Allocable Exchange Number. Each Warrant surrendered pursuant to Section 4.1 or 4.2 shall be canceledcancelled.

Appears in 1 contract

Samples: Settlement Agreement (Semiconductor Manufacturing International Corp)

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