Pre-Funded Warrants. On the Closing Date and at each Option Closing Date (if any), the Company shall have delivered to the Representative executed copies of the Pre-Funded Warrants.
Pre-Funded Warrants. The Company shall have delivered executed copies of the Pre-Funded Warrants to the public purchasers thereof.
Pre-Funded Warrants. On the Closing Date, the Company shall have delivered to the Placement Agent executed copies of the Pre-Funded Warrants.
Pre-Funded Warrants. On the Closing Date, the Company shall have delivered to the Representative executed copies of the Pre-funded Warrants.
Pre-Funded Warrants. The Company covenants and agrees that in lieu of issuing shares of Common Stock upon exercise of this Warrant, the Company shall, at the option of the Holder, issue Pre-Funded Warrants to such Holder if, as a result of the exercise of this Warrant, the Holder’s (along with its Affiliates) beneficial ownership of the Company’s Common Stock would exceed 4.99% (or, at the discretion of the Holder, 9.99%) of the Company’s outstanding Common Stock immediately following such exercise. A Holder electing to receive Pre-Funded Warrants in lieu of shares of Common Stock upon exercise of this Warrant shall indicate such preference on the Notice of Exercise and shall withhold from the Exercise Price of the Warrants so exercised $0.0001 per Warrant Share (which, for the avoidance of doubt, shall be the exercise price of the Pre-Funded Warrant).
Pre-Funded Warrants. On or prior to the date hereof, the Company shall have furnished to the Representatives electronic copies of the Pre-Funded Warrants executed by the Company.
Pre-Funded Warrants. At least one (1) full business day prior to the First Closing Date, the Representatives shall have received electronic copies of the Pre-Funded Warrants, substantially in the form of Exhibit C, executed by the Company.
Pre-Funded Warrants. To the extent that issuance of any number of shares of Common Stock will cause Buyer’s beneficial ownership of the Common Stock to exceed the Maximum Percentage, the Company shall, in lieu of issuing such shares of Common Stock that will cause Buyer’s beneficial ownership of the Common Stock to exceed the Maximum Percentage, issue to Buyer warrants, substantially in the form attached hereto as Exhibit A, to purchase, at a purchase price of $0.01 per share, the number of shares of Common Stock that would cause Buyer’s beneficial ownership to exceed the Maximum Percentage (the “Pre-Funded Warrants” and together with the Purchase Warrants, the “Warrants”).
Pre-Funded Warrants. On the Closing Date, the Company shall deliver the Pre-Funded Warrants in the form provided in Exhibit D.
Pre-Funded Warrants. Each Pre-Funded Warrant that is outstanding as of immediately prior to the Effective Time will, upon the Effective Time, in accordance with Section 9(c) of such Pre-Funded Warrant, become exercisable by the holder thereof solely for the same Merger Consideration as such holder would have been entitled to receive following the Effective Time pursuant to Section 3.01 if such holder had been, immediately prior to the Effective Time, the holder of the number of shares of Company Common Stock then issuable upon exercise in full of such Pre-Funded Warrant without regard to any limitations on exercise contained therein.
