Procedure for Exercise of Warrant. To exercise this Warrant in whole or in part (but not as to any fractional share of Common Stock), the Holder shall deliver to the Company at its office referred to in Section 10 hereof at any time and from time to time during the Term: (i) the Notice of Exercise in the form attached hereto, (ii) cash, certified or official bank check payable to the order of the Company, wire transfer of immediately available funds to the Company's account, or the principal amount of the Holder's Note, together with a written instrument satisfactory to the Company evidencing the cancellation of such indebtedness or a portion thereof being applied to the Warrant Price (or any combination of any of the foregoing) in the amount of the Warrant Price for each Warrant Share being purchased, and (iii) this Warrant. In the event of any exercise of the rights represented by this Warrant, a certificate or certificates for the shares of Common Stock so purchased, registered in the name of the Holder or in the name or names of permitted assignees, shall be delivered to the Holder hereof within a reasonable time, not exceeding fifteen (15) days, after the rights represented by this Warrant shall have been so exercised; and, unless this Warrant has expired, a new Warrant representing the number of shares (except a remaining fractional share), if any, with respect to which this Warrant shall not then have been exercised shall also be issued to the Holder hereof within such time. The person in whose name any certificate for shares of Common Stock is issued upon exercise of this Warrant shall for all purposes be deemed to have become the holder of record of such shares on the date on which the Warrant was surrendered and payment of the Warrant Price and any applicable taxes was made, irrespective of the date of delivery of such certificate, except that, if the date of such surrender and payment is a date when the stock transfer books of the Company are closed, such person shall be deemed to have become the holder of such shares at the close of business on the next succeeding date on which the stock transfer books are open.
Appears in 1 contract
Samples: Crown Books Corp
Procedure for Exercise of Warrant. To exercise this Warrant in whole or in part (but not as to any fractional share of Common Stock)Warrant, the Holder shall deliver to the Company at its principal office referred to in Section 10 11 hereof at any time and from time to time during the TermTerm of this Warrant: (i) the Notice of Exercise in the form attached hereto, (ii) cash, certified or official bank check payable to the order of the Company, wire transfer of immediately available funds to the Company's account, or the principal amount evidence of any indebtedness of the Holder's Note, together with a written instrument satisfactory Company to the Company evidencing the cancellation of such indebtedness or a portion thereof being applied to the Warrant Price (Holder ( or any combination of any of the foregoing) in the amount of the Warrant Price for each Warrant Share share then being purchased, and (iii) this Warrant. In the event of any exercise of the rights represented by this Warrant, a certificate or certificates for the shares of Common Stock so purchased, registered in the name of the Holder or in the such other name or names of permitted assigneesas may be designated by the Holder, shall be delivered to the Holder hereof within a reasonable time, not exceeding fifteen (15) days, after the rights represented by this Warrant shall have been so exercised; and, unless this Warrant has expired, a new Warrant representing the number of shares (except a remaining fractional share), if any, with respect to which this Warrant shall not then have been exercised shall also be issued to the Holder hereof within such time. The person in whose name any certificate for shares of Common Stock is issued upon exercise of this the Warrant shall for all purposes be deemed to have become the holder of record of such shares on the date on which the Warrant was surrendered and payment of the Warrant Price and any applicable taxes was made, irrespective of the date of delivery of such certificate, except that, if the date of such surrender and payment is a date when the stock transfer books of the Company are closed, such person shall be deemed to have become the holder of such shares at the close of business on the next succeeding date on which the stock transfer books are open.
Appears in 1 contract
Samples: Startech Environmental Corp
Procedure for Exercise of Warrant. To exercise this Warrant in whole or in part (but not as to any fractional share of Common Stock), the Holder shall deliver to the Company at its office referred to in Section 10 13 hereof at any time and from time to time during the TermTerm of this Warrant: (i) the Notice of Exercise in the form attached hereto, (ii) cash, certified or official bank check payable to the order of the Company, wire transfer of immediately available funds to the Company's account, or the principal amount evidence of any indebtedness of the Holder's Note, together with a written instrument satisfactory Company to the Company evidencing the cancellation of such indebtedness or a portion thereof being applied to the Warrant Price Holder (or any combination of any of the foregoing) in the amount of the Warrant Price for each Warrant Share share being purchased, and (iii) this Warrant. In the event of any exercise of the rights represented by this Warrant, a certificate or certificates for the shares of Common Stock so purchased, registered in the name of the Holder or in the such other name or names of permitted assigneesas may be designated by the Holder, shall be delivered to the Holder hereof within a reasonable time, not exceeding fifteen (15) days, after the rights represented by this Warrant shall have been so exercised; and, unless this Warrant has expired, a new Warrant representing the number of shares (except a remaining fractional share), if any, with respect to which this Warrant shall not then have been exercised shall also be issued to the Holder hereof within such time. The person in whose name any certificate for shares of Common Stock is issued upon exercise of this Warrant shall for all purposes be deemed to have become the holder of record of such shares on the date on which the Warrant was surrendered and payment of the Warrant Price and any applicable taxes was made, irrespective of the date of delivery of such certificate, except that, if the date of such surrender and payment is a date when the stock transfer books of the Company are closed, such person shall be deemed to have become the holder of such shares at the close of business on the next succeeding date on which the stock transfer books are open.
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (Cellomics Inc)
Procedure for Exercise of Warrant. To exercise this Warrant in whole or in part (but not as to any fractional share of Common Stock), the Holder shall deliver to the Company at its office referred to in Section 10 hereof at any time and from time to time during the TermTerm of this Warrant: (i) the Notice of Exercise in the form of Exhibit A attached hereto, (ii) cash, a certified or official bank check payable to the order of the Company, or a wire transfer of immediately available funds to the Company's account, or the principal amount of the Holder's Note, together with a written instrument satisfactory to the Company evidencing the cancellation of such indebtedness or a portion thereof being applied to the Warrant Price (or any combination of any of the foregoing) in each case in the amount of the Warrant Price for each share being purchased and any amount required to be paid by the Holder on account of a transfer of a Warrant Share being purchasedor Warrant Shares pursuant to Section 3 hereof, and (iii) this Warrant. In the event of any exercise of the rights represented by this Warrant, a certificate or certificates for the shares of Common Stock so purchased, registered in the name of the Holder or in the or, subject to compliance with Section 6.2, such other name or names of permitted assigneesas may be designated by the Holder, shall be delivered to the Holder hereof within a reasonable time, not exceeding fifteen (15) daysthree Business Days, after the rights represented by this Warrant shall have been so exercised; and, unless this Warrant has expired, a new Warrant representing the number of shares (except a remaining fractional share), if any, with respect to which this Warrant shall not then have been exercised shall also be issued to the Holder hereof within such time. The person in whose name any certificate for shares of Common Stock is issued upon exercise of this Warrant shall for all purposes be deemed to have become the holder of record of such shares on the date on which the Holder shall have complied with the conditions for exercise of this Warrant was surrendered and payment of the Warrant Price and any applicable taxes was madeset forth above, irrespective of the date of delivery of such certificate, except that, if the date of such surrender and payment compliance is a date when the stock transfer books of the Company are closed, such person shall be deemed to have become the holder of such shares at the close of business on the next succeeding date on which the stock transfer books are open.
Appears in 1 contract
Procedure for Exercise of Warrant. To exercise this Warrant in whole or in part (but not as to any fractional share of Common Stock)part, the Holder registered holder hereof shall deliver to the Company at its principal executive offices in McLean, Virginia (or such other office referred or agency of the Company in the continental United States as shall also be a transfer agent for the Capital Stock as the Company may designate by notice in writing to in Section 10 hereof at any time and from time to time during the Term: holder of this Warrant) (i) the Notice Subscription Form attached hereto completed to specify the number of Exercise in the form attached heretoshares of Capital Stock as to which such holder is electing to exercise this Warrant, (ii) cash, cash or a certified or official bank check check, payable to the order of the Company, wire transfer of immediately available funds in an amount equal to the Company's account, or the principal amount then aggregate Purchase Price of the Holder's Note, together with a written instrument satisfactory to the Company evidencing the cancellation shares of such indebtedness or a portion thereof Capital Stock being applied to the Warrant Price (or any combination of any of the foregoing) in the amount of the Warrant Price for each Warrant Share being purchased, purchased and (iii) this Warrant. In the event of any exercise of the rights represented by this WarrantUpon receipt thereof, a certificate or certificates for the shares of Common Stock so purchased, registered in the name of the Holder or in the name or names of permitted assignees, such holder shall be delivered to the Holder hereof within a reasonable time, not exceeding fifteen (15) days, after the rights represented by this Warrant shall have been so exercised; and, unless this Warrant has expired, a new Warrant representing the number of shares (except a remaining fractional share), if any, with respect to which this Warrant shall not then have been exercised shall also be issued to the Holder hereof within such time. The person in whose name any certificate for shares of Common Stock is issued upon exercise of this Warrant shall for all purposes be deemed to have become be the holder of record of the Capital Stock issuable upon such shares on the date on which the Warrant was surrendered and payment of the Warrant Price and any applicable taxes was madeexercise, irrespective of the date of delivery of such certificate, except that, if the date of such surrender and payment is a date when notwithstanding that the stock transfer books of the Company are closedshall then be closed or that certificates representing such Capital Stock shall not then be actually delivered to such holder, and the Company shall, as promptly as practicable, and in any event within five business days thereafter, execute or cause to be executed and delivered to such person holder, or as such holder may direct, a certificate or certificates representing the aggregate number of shares of Capital Stock specified in said Subscription Form. Each stock certificate so delivered shall be deemed to have become in such denomination as may be requested by the registered holder hereof and shall be registered in the name of such shares holder or such other name as shall be designated by such holder. If this Warrant shall have been exercised only in part, the Company shall, at the close time of business on delivery of said stock certificate or certificates, deliver to such holder a new Warrant evidencing the next succeeding date on which rights of such holder to purchase the stock transfer books are openremaining shares of Capital Stock covered by this Warrant.
Appears in 1 contract
Samples: Deltek Systems Inc
Procedure for Exercise of Warrant. To exercise this Warrant in whole or in part (but not as to any fractional share of Common Stock), the Holder shall deliver to the Company at its office referred to in Section 10 9 hereof at any time and from time to time during the Term: (i) Term of this Warrant a notice of exercise and the Notice payment of Exercise in the form attached hereto, (ii) cash, certified or official bank check payable aggregate Warrant Price with respect to the order of the Company, wire transfer of immediately available funds to the Company's account, or the principal amount of the Holder's Note, together with a written instrument satisfactory to the Company evidencing the cancellation of such indebtedness or a portion thereof being applied to the Warrant Price (or any combination of any of the foregoing) in the amount of the Warrant Price for each Warrant Share being purchased, and (iii) this WarrantWarrants exercised. In the event of any exercise of the these rights represented by this Warrant, a certificate or certificates for the shares of Common Stock so purchased, registered in the name of the Holder or in the such other name or names of permitted assigneesas may be designated by the Holder, shall be delivered to the Holder hereof within a reasonable time, not exceeding fifteen (15) days, after the rights represented by this Warrant shall have been so exercised; and, unless this Warrant has expired, a new Warrant representing the number of shares (except a remaining fractional share), if any, with respect to which this Warrant shall not then have been exercised shall also be issued to the Holder hereof within such time. The person in whose name any certificate for shares of Common Stock is issued upon exercise of this Warrant shall for all purposes be deemed to have become the holder of record of such shares on the date on which the Warrant Notice of Exercise was surrendered delivered and payment of the Warrant Price and any applicable taxes was made, irrespective of the date of delivery of such certificate, except that, if the date of such surrender delivery and payment is a date when the stock transfer books of the Company are closed, such person shall be deemed to have become the holder of such shares at the close of business on the next succeeding date on which the stock transfer books are open.
Appears in 1 contract
Samples: Victory Entertainment Corp