Procedure for Exercise. The Holder of this Warrant may exercise this Warrant at any time immediately prior to expiration date for the purchase of all or any part of the Warrant Shares. The purchase price shall be equal to the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("Notice of Exercise") of such Holder's election to exercise this Warrant, which notice shall specify the number of whole shares of Common Stock to be purchased, (ii) payment of the aggregate Exercise Price for the shares of Common Stock being purchased in the manner provided herein, (iii) an executed Investor Representation Letter, and (iv) this Warrant. Upon receipt of the Notice of Exercise, the payment, the executed Investor Representation Letter and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Stock specified in such notice. The stock certificate or certificates so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of such Holder or, subject to the conditions of Section 3 below, such other name as shall be designated in such notice. Payment of the Exercise Price may be made by wire transfer, by certified check or cashier's check, or by Holder's personal check, payable to the order of the Corporaxxxx, or by wire transfer.
Appears in 8 contracts
Samples: Warrant Agreement (Tradestar Services, Inc.), Warrant Agreement (Tradestar Services, Inc.), Warrant Agreement (Tradestar Services, Inc.)
Procedure for Exercise. The Holder In the event of this Warrant may exercise this Warrant at any time immediately prior to expiration date for the purchase of all or any part of the Warrant Shares. The purchase price shall be equal to the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("Notice of Exercise") of such Holder's election to exercise rights represented by this Warrant, which notice shall specify a certificate or certificates for the total number of whole shares of Common Stock to be so purchased, (ii) payment registered in the name of the aggregate Exercise Price Warrantholder, shall be delivered to the Warrantholder within a reasonable time, not exceeding five 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 Warrantholder within such time. With respect to any such exercise, the Warrantholder shall for all purposes be deemed to have become the shares holder of Common Stock being purchased in the manner provided herein, (iii) an executed Investor Representation Letter, and (iv) this Warrant. Upon receipt record of the Notice of Exercise, the payment, the executed Investor Representation Letter and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Stock specified in evidenced by such notice. The stock certificate or certificates so delivered certificates, from the date on which this Warrant was surrendered and, if exercise is pursuant to Section 1(a), payment of the Warrant Price was made, irrespective of the date of delivery of such certificate, except that, if the date of such surrender and payment is a date on which the stock transfer books of the Company are closed, such person shall be in deemed to have become the holder of such denominations as may be specified in such notice and shares at the close of business on the next succeeding date on which the stock transfer books are open. No fractional shares shall be registered issued upon exercise of this Warrant and no payment or adjustment shall be made upon any exercise on account of any cash dividends on the Common Stock issued upon such exercise. If any fractional interest in a share of Common Stock would, except for the name provisions of this Section 1, be delivered upon any such exercise, the Company, in lieu of delivering the fractional share thereof, shall pay to the Warrantholder an amount in cash equal to the current market price of such Holder orfractional interest, subject to the conditions of Section 3 as determined below, such other name as shall be designated in such notice. Payment of the Exercise Price may be made by wire transfer, by certified check or cashier's check, or by Holder's personal check, payable to the order of the Corporaxxxx, or by wire transfer.
Appears in 7 contracts
Samples: Warrant Agreement (Bayard Drilling Technologies Inc), Warrant Agreement (Bayard Drilling Technologies Inc), Warrant Agreement (Bayard Drilling Technologies Inc)
Procedure for Exercise. The Holder In the event of this Warrant may exercise this Warrant at any time immediately prior to expiration date for the purchase of all or any part of the Warrant Shares. The purchase price shall be equal to the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("Notice of Exercise") of such Holder's election to exercise rights represented by this Warrant, which notice shall specify a certificate or certificates for the total number of whole shares of Common Stock to be so purchased, (ii) payment registered in the name of the aggregate Exercise Price Warrantholder, shall be delivered to the Warrantholder within a reasonable time, not exceeding five 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 Warrantholder within such time. With respect to any such exercise, the Warrantholder shall for all purposes be deemed to have become the shares holder of Common Stock being purchased in the manner provided herein, (iii) an executed Investor Representation Letter, and (iv) this Warrant. Upon receipt record of the Notice of Exercise, the payment, the executed Investor Representation Letter and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Stock specified in evidenced by such notice. The stock certificate or certificates so delivered from the date on which this Warrant was surrendered and if exercise is pursuant to Section 1(a), payment of the Warrant Price was made, irrespective of the date of delivery of such certificate, except that, if the date of such surrender and payment is a date on which the stock transfer books of the Company are closed, such person shall be in deemed to have become the holder of such denominations as may be specified in such notice and shares at the close of business on the next succeeding date on which the stock transfer books are open. No fractional shares shall be registered issued upon exercise of this Warrant and no payment or adjustment shall be made upon any exercise on account of any cash dividends on the Common Stock issued upon such exercise. If any fractional interest in a share of Common Stock would, except for the name provisions of this Section 1, be delivered upon any such exercise, the Company, in lieu of delivering the fractional share thereof, shall pay to the Warrantholder an amount in cash equal to the Current Market Price of such Holder orfractional interest, subject to the conditions of Section 3 as determined below, such other name as shall be designated in such notice. Payment of the Exercise Price may be made by wire transfer, by certified check or cashier's check, or by Holder's personal check, payable to the order of the Corporaxxxx, or by wire transfer.
Appears in 6 contracts
Samples: Warrant Agreement (Genus Inc), Warrant Agreement (Precision Optics Corporation Inc), Warrant Agreement (Precision Optics Corporation Inc)
Procedure for Exercise. The Holder Option herein granted may be exercised by the delivery by Optionee of this Warrant may exercise this Warrant at any time immediately prior written notice to expiration date for the purchase of all or any part Secretary of the Warrant Shares. The purchase price shall be equal to Company setting forth the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("Notice of Exercise") of such Holder's election to exercise this Warrant, which notice shall specify the number of whole shares of Common Stock to be purchased, (ii) payment of the aggregate Exercise Price for the shares of Common Stock being purchased in the manner provided herein, (iii) an executed Investor Representation Letter, and (iv) this Warrant. Upon receipt of the Notice of Exercise, the payment, the executed Investor Representation Letter and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Stock specified in such noticewith respect to which the Option is being exercised. The stock certificate or certificates so delivered notice shall be in such denominations as may be specified in such notice and shall be registered in accompanied by, at the name of such Holder or, subject to the conditions of Section 3 below, such other name as shall be designated in such notice. Payment election of the Exercise Price may be made by wire transferOptionee, by certified check or (i) cash, cashier's check, bank draft, or by Holder's personal check, postal or express money order payable to the order of the CorporaxxxxCompany, (ii) certificates representing shares of Common Stock theretofore owned by Optionee duly endorsed for transfer to the Company, or (iii) any combination of the preceding, equal in value to the aggregate exercise price. Notice may also be delivered by telecopy provided that the exercise price of such shares is received by the Company via wire transfertransfer on the same day the telecopy transmission is received by the Company. The notice shall specify the address to which the certificates for such shares are to be mailed. An option to purchase shares of Common Stock, shall be deemed to have been exercised immediately prior to the close of business on the date (i) written notice of such exercise and (ii) payment in full of the exercise price for the number of shares for which Options are being exercised, are both received by the Company and Optionee shall be treated for all purposes as the record holder of such shares of Common Stock as of such date. As promptly as practicable after receipt of such written notice and payment, the Company shall deliver to Optionee certificates for the number of shares with respect to which such Option has been so exercised, issued in Optionee's name or such other name as Optionee directs; provided, however, that such delivery shall be deemed effected for all purposes when a stock transfer agent of the Company shall have deposited such certificates in the United States mail, addressed to Optionee at the address specified pursuant to this Section 4.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Idm Environmental Corp), Nonqualified Stock Option Agreement (Idm Environmental Corp)
Procedure for Exercise. The Holder of this Warrant may exercise this Warrant at any time immediately prior to expiration date for the purchase of all or any part of the Warrant Shares. The purchase price shall be equal to the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("Notice of Exercise") Exercise of such Holder's election to exercise this Warrant, which notice shall specify the spexxxx xhe number of whole shares of Common Successor Stock to be purchased, (ii) payment of the aggregate Exercise Price for the shares of Common Successor Stock being purchased in the manner provided herein, (iii) an executed Investor Representation Letter, and (iv) this Warrant. Upon receipt of the Notice notice of Exerciseexercise, the payment, the executed Investor Representation Letter and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Successor Stock specified in such notice. The stock certificate or certificates so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of such Holder or, subject to the conditions of Section 3 below, such other name as shall be designated in such notice. Payment of the Exercise Price may be made by wire transfer, by certified check or cashier's check, or by Holder's personal check, payable to the order of the CorporaxxxxCorporation, or by xx xx wire transfer.
Appears in 2 contracts
Samples: Warrant Agreement (Wonish Robert G), Warrant Agreement (Hopkins Michael W)
Procedure for Exercise. The Holder Option herein granted may be exercised by the delivery by Optionee of this Warrant may exercise this Warrant at any time immediately prior written notice to expiration date for the purchase of all or any part Secretary of the Warrant Shares. The purchase price shall be equal to Company setting forth the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("Notice of Exercise") of such Holder's election to exercise this Warrant, which notice shall specify the number of whole shares of Common Stock to be purchased, (ii) payment of the aggregate Exercise Price for the shares of Common Stock being purchased in the manner provided herein, (iii) an executed Investor Representation Letter, and (iv) this Warrant. Upon receipt of the Notice of Exercise, the payment, the executed Investor Representation Letter and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Stock specified in such noticewith respect to which the Option is being exercised. The stock certificate or certificates so delivered notice shall be in such denominations as may be specified in such notice and shall be registered in accompanied by, at the name election of such Holder orOptionee, subject to the conditions of Section 3 below(i) cash, such other name as shall be designated in such notice. Payment of the Exercise Price may be made by wire transfer, by certified check or cashier's ’s check, bank draft, or by Holder's personal check, postal or express money order payable to the order of the CorporaxxxxCompany, (ii) certificates representing “mature shares” of Common Stock theretofore owned by Optionee duly endorsed for transfer to the Company, or (iii) any combination of the preceding, equal in value to the aggregate exercise price. For purposes of this Agreement, “mature shares” means shares of Common Stock for which Optionee has good title, free and clear of all liens and encumbrances, transferability restrictions or risk of forfeiture, and which Optionee either (i) has held for at least six months or (ii) has purchased on the open market. Notice may also be delivered by telecopy provided that the exercise price of such shares is received by the Company via wire transfertransfer on the same day the telecopy transmission is received by the Company. The notice shall specify the address to which the certificates for such shares are to be mailed. This Option shall be deemed to have been exercised immediately prior to the close of business on the date (i) written notice of such exercise and (ii) payment in full of the exercise price for the number of share for which Options are being exercised, are both received by the Company and Optionee shall be treated for all purposes as the record holder of such shares of Common Stock as of such date. As promptly as practicable after receipt of such written notice and payment, the Company shall deliver to Optionee certificates for the number of shares with respect to which such Option has been so exercised, issued in Optionee’s name or such other name as Optionee directs; provided, however, that such delivery shall be deemed effected for all purposes when a stock transfer agent of the Company shall have deposited such certificates in the United States mail, addressed to Optionee at the address specified pursuant to this Section 4.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Metrocorp Bancshares Inc), Nonqualified Stock Option Agreement (Metrocorp Bancshares Inc)
Procedure for Exercise. The Holder of this Warrant may exercise this Warrant at any time after the Vesting Date and immediately prior to expiration date the Termination Date for the purchase of all or any part of the Warrant Shares. The purchase price shall be equal to the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("“Notice of Exercise"”) of such Holder's ’s election to exercise this Warrant, which notice Notice of Exercise shall specify the number of whole shares of Common Stock to be purchased, ; (ii) payment of the aggregate Exercise Price for the shares of Common Stock being purchased in the manner provided herein, ; (iii) an executed Investor Representation Letter, Subscription Agreement; and (iv) this Warrant. Upon receipt of the Notice of Exercise, the payment, the executed Investor Representation Letter Subscription Agreement and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Stock specified in such noticeNotice of Exercise. The stock certificate or certificates so delivered shall be in such denominations as may be specified in such notice Notice of Exercise and shall be registered in the name of such Holder or, subject to the conditions of Section 3 below, such other name as shall be designated in such noticeNotice of Exercise. Payment of the Exercise Price may be made (i) by wire transfer, ; (ii) by certified check or cashier's ’s check, or by Holder's ’s personal check, payable to the order of the Corporaxxxx, Corporation; or by wire transfer(iii) pursuant to the terms of Section2(b) below.
Appears in 2 contracts
Samples: Warrant Agreement (Tradestar Services, Inc.), Warrant Agreement (Tradestar Services, Inc.)
Procedure for Exercise. The Holder of this Warrant Option herein granted may exercise this Warrant at any time immediately prior be exercised by written notice by Optionee to expiration date for the purchase of all or any part Secretary of the Warrant Shares. The purchase price shall be equal to Company setting forth the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("Notice of Exercise") of such Holder's election to exercise this Warrant, which notice shall specify the number of whole shares of Common Stock to be purchased, (ii) payment of the aggregate Exercise Price for the shares of Common Stock being purchased in the manner provided herein, (iii) an executed Investor Representation Letter, and (iv) this Warrant. Upon receipt of the Notice of Exercise, the payment, the executed Investor Representation Letter and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Stock specified in with respect to which the Option is to be exercised accompanied by payment for the shares to be purchased, and specifying the address to which the certificate for such noticeshares is to be mailed. The stock certificate or certificates so delivered notice shall be in such denominations as may be specified in such notice and shall be registered in the name of such Holder oraccompanied by (i) cash, subject to the conditions of Section 3 below, such other name as shall be designated in such notice. Payment of the Exercise Price may be made by wire transfer, by certified check or cashier's check, bank draft, postal or by Holder's personal check, express money order payable to the order of the CorporaxxxxCompany, or other immediately available funds, or (ii) certificates representing shares of Common Stock theretofore owned by Optionee duly endorsed for transfer to the Company, or (iii) any combination of the preceding, equal in value to the aggregate exercise price. The Optionee may initiate a "cashless exercise" as described in the Plan. Notice may also be delivered by fax or telecopy provided that the exercise price of such shares is received by the Company via wire transfertransfer on the same day the fax or telecopy transmission is received by the Company. An option to purchase shares of Common Stock in accordance with this Plan, shall be deemed to have been exercised immediately prior to the close of business on the date (i) written notice of such exercise and (ii) payment in full of the exercise price for the number of shares for which Options are being exercised, are both received by the Company and Optionee shall be treated for all purposes as the record holder of such shares of Common Stock as of such date. As promptly as practicable after receipt of such written notice and payment, the Company shall deliver to Optionee certificates for the number of shares with respect to which such Option has been so exercised, issued in Optionee's name or such other name as Optionee directs; provided, however, that such delivery shall be deemed effected for all purposes when a stock transfer agent of the Company shall have deposited such certificates in the United States mail, addressed to Optionee at the address specified pursuant to this Section 3.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Howell Corp /De/)
Procedure for Exercise. The Holder of this Warrant may exercise this Warrant at any time immediately prior to expiration date for the purchase of all or any part of the Warrant Shares. The purchase price shall be equal to the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("Notice of Exercise") Exercise of such Holder's election to exercise this Warrant, which notice shall specify shaxx xxecify the number of whole shares of Common Successor Stock to be purchased, (ii) payment of the aggregate Exercise Price for the shares of Common Successor Stock being purchased in the manner provided herein, (iii) an executed Investor Representation Letter, and (iv) this Warrant. Upon receipt of the Notice notice of Exerciseexercise, the payment, the executed Investor Representation Letter and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Successor Stock specified in such notice. The stock certificate or certificates so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of such Holder or, subject to the conditions of Section 3 below, such other name as shall be designated in such notice. Payment of the Exercise Price may be made by wire transfer, by certified check or cashier's check, or by Holder's personal check, payable to the order of the CorporaxxxxCorporatiox, or xx by wire transfer.
Appears in 1 contract
Procedure for Exercise. The Holder of this Warrant may exercise this Warrant at any time immediately prior to expiration date for the purchase of all or any part of the Warrant Shares. The purchase price shall be equal to the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("Notice of Exercise") of such Holder's election to exercise this Warrant, which notice shall specify the number of whole shares of Common Stock to be purchased, (ii) payment of the aggregate Exercise Price for the shares of Common Stock being purchased in the manner provided herein, (iii) an executed Investor Representation Letter, and (iv) this Warrant. Upon receipt of the Notice of Exercise, the payment, the executed Investor Representation Letter and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Stock specified in such notice. The stock certificate or certificates so delivered shall be in such denominations as may be specified in such notice and shall be registered in the name of such Holder or, subject to the conditions of Section 3 below, such other name as shall be designated in such notice. Payment of the Exercise Price may be made by wire transfer, by certified check or cashier's check, or by Holder's personal check, payable to the order of the CorporaxxxxCoxxxxxxion, or by wire transfer.
Appears in 1 contract
Procedure for Exercise. The Holder Option herein granted may be exercised by the delivery by Optionee of this Warrant may exercise this Warrant at any time immediately prior written notice to expiration date for the purchase of all or any part Secretary of the Warrant Shares. The purchase price shall be equal to Company setting forth the Exercise Price multiplied by the number of Warrant Shares to be acquired pursuant to such exercise of the Warrant. To exercise this Warrant in whole or in part, the Holder hereof shall deliver to the Corporation (i) a written notice of exercise ("Notice of Exercise") of such Holder's election to exercise this Warrant, which notice shall specify the number of whole shares of Common Stock to be purchased, (ii) payment of the aggregate Exercise Price for the shares of Common Stock being purchased in the manner provided herein, (iii) an executed Investor Representation Letter, and (iv) this Warrant. Upon receipt of the Notice of Exercise, the payment, the executed Investor Representation Letter and surrender of this Warrant, the Corporation shall, as promptly as practicable, execute or cause to be executed and deliver to such Holder a certificate or certificates representing the aggregate number of shares of Common Stock specified in such noticewith respect to which the Option is being exercised. The stock certificate or certificates so delivered notice shall be in such denominations as may be specified in such notice and shall be registered in the name of such Holder oraccompanied by (i) cash, subject to the conditions of Section 3 below, such other name as shall be designated in such notice. Payment of the Exercise Price may be made by wire transfer, by certified check or cashier's ’s check, bank draft, or by Holder's personal check, postal or express money order payable to the order of the CorporaxxxxCompany, or by wire transfer, (ii) if permitted by the Committee, shares of Stock theretofore owned by Optionee duly endorsed for transfer to the Company, (iii) if the Stock is registered under the Securities Exchange Act of 1934, as amended, and to the extent permitted by law, instructions to a broker to deliver to the Company the total payment required, all in accordance with the regulations of the Federal Reserve Board, (iv) such other consideration as the Committee may permit, or (v) any combination of the preceding, equal in value to the aggregate exercise price. Notice may be delivered by facsimile. The notice shall specify the address to which the certificates for such shares are to be mailed. The Option shall be deemed to have been exercised immediately prior to the close of business on the date (i) written notice of such exercise and (ii) payment in full of the exercise price for the number of shares for which the Option is being exercised are both received by the Company and Optionee shall be treated for all purposes as the record holder of such shares of Stock as of such date. As promptly as practicable after receipt of such written notice and payment, the Company shall deliver to Optionee certificates for the number of shares with respect to which such Option has been so exercised, issued in Optionee’s name or such other name as Optionee directs; provided, however, that such delivery shall be deemed effected for all purposes when a stock transfer agent of the Company shall have deposited such certificates in the United States mail, addressed to Optionee at the address specified pursuant to this Section 4.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Image Entertainment Inc)