Performance Warrants Clause Samples

Performance Warrants. In addition to the Initial Warrants being purchased in Section 1 above, GeneLink shall issue to Gene Elite or its designees, the following warrants ("Performance Warrants" and together with the Initial Warrants, the "Warrants"): a. 2,000,000 warrants when the aggregate customer orders of Gene Elite and its sublicensee(s) produces orders for core customized nutrition products or core customized skin care products for at least 17,500 customers of GeneLink customized product for each of three consecutive months, which warrants shall have an exercise period of five (5) years from the date of issuance, subject to the provisions of Section 3 below.

Performance Warrants. In addition to the foregoing, USDC hereby agrees to pay MCP one warrant for each two dollars raised up to the first $1 million in funding, or upon the Closing of any M&A transaction involving MCP, for a total of 500,000 warrants. Such warrants shall have an exercise price of .25, be exercisable for five (5) years from the effective date, and contain net issuance, anti-dilution provisions for split adjustments and “piggyback” registration rights, such that the shares underlying the warrants are included in the aforementioned SB-2 Filing.

Performance Warrants. At such time as the Company has received a cumulative total of $2,500,000 from the Purchaser for the purchase of the Put Shares, the Company shall issue to the Purchaser the Performance Warrants to purchase certain shares of Common Stock. The Performance Warrants shall entitle Purchaser to purchase Common Stock of the Company in an amount equal to $250,000 divided by the average of the closing bid prices for the five Trading Days immediately preceding the Settlement Date for the last payment that brings the total of the purchases by Purchaser to $2,500,000 (the "Performance Date"). For example, by way of illustration, if the average closing bid price of the Company's common stock for the five Trading Days immediately preceding the Performance Date is $0.17 per share, the Performance Warrants shall entitle Purchaser to purchase 1,470,588 shares of Common Stock at $0.17 per share ($250,000 divided by $0.17 = 1,470,588 shares). The Performance Warrants shall have a term from their initial date of issuance of five years. The exercise price of the Purchase Warrant shall be equal to the average of the closing bid prices of the Common Stock on the Principal Market during the five Trading Days immediately prior to the Performance Date. The Common Stock underlying the Performance Warrants will be registered in the Registration Statement referred to in Section 4.3 hereof. The Performance Warrants shall be in the form of Exhibit F hereto. If the conditions precedent to the closing of any Put shall not be satisfied or waived within five days of the relevant Settlement Date, the Company may, within five days thereafter, rescind such Put.

Performance Warrants. The Company will grant or cause to grant " performance warrants (each a “Performance Warrants”) to the Executive whereby each Performance Warrant will entitle the holder to purchase one additional common share of the Parent Company at a price of US$" per share for a period of " years from the granting date. Upon granting, the " performance warrants will be pooled in an escrow account and will be released from such escrow account according to the following milestones: (i) the first 1/3 of the Performance Warrants will be released from escrow on the day that is 4 months from the listing date of the Parent Company’s common shares on the Exchange; (ii) the second 1/3 of the Performance Warrants will be released from escrow on the day that the 8 grow rooms in the Company’s facilities are completed; and (iii) the remaining 1/3 of the Performance Warrants will be released from escrow on the day that the Company issues its financial statements showing that the Company, when results are combined with Cowlitz County Cannabis Cultivation, has generated US$3,500,000 pre-tax EBITDA (equivalent to the earnings before interest, tax, depreciation and amortization). Should this Agreement be terminated by either Party pursuant to paragraphs 4.2, 4.3 or 4.5, or pursuant to a change of control situation under paragraph 4.7 and 4.8 hereinafter, such Performance Warrants that have not been released from the escrow account will be released immediately.

Performance Warrants. In the event that 120% of the consolidated audited net income of Trestle and its consolidated subsidiaries 24 months after the Closing of the Offering shall equal or exceed $21,560,000, the Management Shareholders shall be issued three year warrants to purchase up to 900,000 additional shares of Trestle Common Stock, exercisable at $1.80 per share (the “Performance Warrants”). The terms and conditions of such Performance Warrants shall (except for the exercise price) be substantially identical to the Class B Warrants.

Performance Warrants. Concurrently with the execution of the Agreement, Supplier issued to Bank of America a warrant to purchase shares of Common Stock of Supplier and Supplier and Bank of America entered into a letter agreement relating to such warrant.

Performance Warrants. During the Term hereof, the Company shall grant to Employee options to purchase shares of the Company's Common Stock upon the following occurrences and terms: (1) Stock price for 20 consecutive trading days at $.75 per share: 100,000 options exercisable @ $.75 (2) Stock price for 20 consecutive trading days at $1.00 per share: 150,000 options exercisable @ $1.00 (3) Stock price for 20 consecutive trading days at $1.50 per share: 200,000 options exercisable @ $1.50 (4) Stock price for 20 consecutive trading days at $2.00 per share: 200,000 options exercisable @ $2.00 (5) Stock price for twenty consecutive trading days at $3.00 per share: 300,000 options exercisable @ $3.00 (6) Stock price for twenty consecutive trading days at $4.00 per share: 300,000 options exercisable @ $4.00 (7) Upon opening each new Company owned, or joint ventured new facility, or Mobile system put into operation: 200,000 options exercisable at the price of the common stock on the day of opening. As used herein, the stock price shall be the closing bid price and shall be appropriately adjusted for any stock splits, stock dividends, recapitalizations etc. occurring after the Commencement Date.

Performance Warrants. As used herein, the term "Performance Warrants" shall mean each individual warrant granted by ECOX to IP TRUST hereunder in accordance with paragraph 4.3 A.

Performance Warrants. S-A acknowledges that Concurrent's decision to -------------------- file the Shelf Registration Statement should not be construed as an agreement to file a registration statement covering shares of Common Stock issuable upon exercise of any "performance warrant" issued to S-A in the future (such warrants are referred to in Section 9.2 of the Agreement and a form of such warrant is included as Exhibit D to the Agreement) on a delayed or continuous basis --------- pursuant to Rule 415 under the Securities Act. Each performance warrant granted to S-A will be governed by the terms of such warrant.