Procedure for Exercise of Warrant. The Holder may exercise this Warrant by delivering the following to the principal office of the Company in accordance with Section 5.1 hereof: (a) a duly executed Notice of Exercise in substantially the form attached as Schedule A, (b) either (i) a written certification that the Holder is not a U.S. person, as defined under Regulation S of the Securities Act, and that the Warrant is not being exercised on behalf of a U.S. person, which written certificate may be contained in the Notice of Exercise delivered pursuant to sub-paragraph (a) above; or (ii) a written opinion of counsel to the effect that the Warrant and the Shares have been registered under the Securities Act or are exempt from registration thereunder; (c) payment of the Exercise Price then in effect for each of the Shares being purchased, as designated in the Notice of Exercise, and (d) this Warrant. Payment of the Exercise Price may be in cash, certified or official bank check payable to the order of the Company, or wire transfer of funds to the Company’s account (or any combination of any of the foregoing) in the amount of the Exercise Price for each share being purchased.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Infrablue (Us) Inc.), Securities Purchase Agreement (Mobilemail (Us) Inc.), Regulation S Debt Conversion Agreement (MobiVentures Inc.)
Procedure for Exercise of Warrant. The Holder may exercise this Warrant by delivering the following to the principal office of the Company Issuer in accordance with Section 5.1 hereof:
(a) a duly executed Notice of Exercise in substantially the form attached as Schedule A,Exhibit B;
(b) either (i) a written certification that the Holder is not in the United States or a U.S. person, as defined under Regulation S of the Securities Act, and that the Warrant is not being exercised in the United States on behalf of a U.S. person, which written certificate may be contained in the Notice of Exercise delivered pursuant to sub-paragraph (a) above; or (ii) a written opinion of counsel to the effect that the Warrant and the Shares have been registered under the Securities Act or are exempt from registration thereunder;
(c) payment of the Exercise Price then in effect for each of the Shares being purchased, as designated in the Notice of Exercise, ; and
(d) this Warrant. Payment of the Exercise Price may be in cash, certified or official bank check payable to the order of the CompanyIssuer, or wire transfer of funds to the CompanyIssuer’s account (or any combination of any of the foregoing) in the amount of the Exercise Price for each share Share being purchased.
Appears in 1 contract
Samples: Subscription Agreement (China Technology Development Group Corp)