Common use of REPRICING OF COMMON WARRANTS Clause in Contracts

REPRICING OF COMMON WARRANTS. At the Closing, subject to the terms and conditions of this Agreement, the Company agrees to cancel and reissue the Common Warrants held by the Holders, such that the exercise price per share of the Common Warrants shall be $1.12 and Section 2.1 of each Common Warrant, providing for net issue exercise, shall be amended such that it is available in certain limited circumstances, in the form attached hereto as EXHIBIT B (the reissued Common Warrants referred to herein as the "NEW COMMON WARRANTS") and each Holder agrees to cancel and surrender to the Company its Common Warrants. The New Common Warrants and the shares of Common Stock of the Company ("COMMON STOCK") issuable upon exercise of the New Common Warrants (the "SHARES") are collectively referred to herein as the "SECURITIES."

Appears in 2 contracts

Samples: Securities Purchase Agreement (Aradigm Corp), Securities Purchase Agreement (Aradigm Corp)

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REPRICING OF COMMON WARRANTS. At the Closing, subject to the terms and conditions of this Agreement, the Company agrees to cancel and reissue the Common Warrants held by the Holders, such that the exercise price per share of the Common Warrants shall be $1.12 and Section 2.1 of each Common Warrant, providing for net issue exercise, shall be amended such that it is available in certain limited circumstances, in the form attached hereto as EXHIBIT B (the reissued Common Warrants referred to herein as the "NEW COMMON WARRANTS") and each Holder agrees to cancel and surrender to the Company its Common Warrants. The The 1. New Common Warrants and the shares of Common Stock of the Company ("COMMON STOCK") issuable upon exercise of the New Common Warrants (the "SHARES") are collectively referred to herein as the "SECURITIES."

Appears in 2 contracts

Samples: Warrant Repricing Agreement (Aradigm Corp), Warrant Repricing Agreement (Aradigm Corp)

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REPRICING OF COMMON WARRANTS. At the Closing, subject to the terms and conditions of this Agreement, the Company agrees to cancel and reissue the Common Warrants held by the Holders, such that the exercise price per share of the Common Warrants shall be $1.12 and Section 2.1 of each Common Warrant, providing for net issue exercise, shall be amended such that it is available in certain limited circumstances, in the form attached hereto as EXHIBIT Exhibit B (the reissued Common Warrants referred to herein as the "NEW COMMON WARRANTSNew Common Warrants") and each Holder agrees to cancel and surrender to the Company its Common Warrants. The New Common Warrants and the shares of Common Stock of the Company ("COMMON STOCKCommon Stock") issuable upon exercise of the New Common Warrants (the "SHARESShares") are collectively referred to herein as the "SECURITIESSecurities."

Appears in 1 contract

Samples: Securities Purchase Agreement (Aradigm Corp)

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