Common use of Right to Exercise; Exercise Price Clause in Contracts

Right to Exercise; Exercise Price. The Holder shall have the right to exercise this Warrant at any time and from time to time during the period beginning on the date that is six (6) months from the Issue Date (the “Commencement Date”) and ending on the fifth (5th) anniversary of the Commencement Date (the “Expiration Date”); provided, however, that if the Expiration Date occurs on a date that is not a Business Day, the immediately following Business Day shall be deemed to be the Expiration Date. The Holder may pay the Exercise Price in either of the following forms or, at the election of the Holder, a combination thereof: (i) through a cash exercise (a “Cash Exercise”) by delivering immediately available funds, or (ii) through a cashless exercise (a “Cashless Exercise”) by noting on the Exercise Notice that the Holder wishes to effect a Cashless Exercise, in which case the Company shall issue to the Holder a number of Warrant Shares determined as follows: X = Y x (A-B)/A where: X = the number of Warrant Shares to be issued to the Holder; Y = the number of Warrant Shares with respect to which this Warrant is being exercised; A = the Market Price (as defined below) as of the Exercise Date; and B = the Exercise Price.

Appears in 3 contracts

Samples: Warrant Agreement (Ener1 Inc), Warrant Agreement (Ener1 Inc), Warrant Agreement (Ener1 Inc)

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Right to Exercise; Exercise Price. The Holder shall have the right to exercise this Warrant at any time and from time to time during the period beginning on the date that is six (6) months from the Issue Date (the “Commencement Date”) and ending on the fifth (5th) anniversary of the Commencement Date (the “Expiration Date”); provided, however, that if the Expiration Date occurs on a date that is not a Business Day, the immediately following Business Day shall be deemed to be the Expiration Date. The Holder may pay the Exercise Price in either of the following forms or, at the election of the Holder, a combination thereof: (i) through a cash exercise (a “Cash Exercise”) by delivering immediately available funds, or (ii) through a cashless exercise (a “Cashless Exercise”) by noting on the Exercise Notice that the Holder wishes to effect a Cashless Exercise, in which case the Company shall issue to the Holder a number of Warrant Shares determined as follows: X = Y x (A-B)/A where: X = the number of Warrant Shares to be issued to the Holder; Y = the number of Warrant Shares with respect to which this Warrant is being exercised; ; A = the Market Price (as defined below) as of the Exercise Date; and and B = the Exercise Price.

Appears in 2 contracts

Samples: Warrant Agreement (Ener1 Inc), Warrant Agreement (Ener1 Inc)

Right to Exercise; Exercise Price. The Holder shall have the right to exercise this Class A Warrant at any time and from time to time during the period beginning on the date that is six (6) months from the Issue Date (the “Commencement Date”) and ending on the fifth (5th) anniversary of the Commencement Issue Date (the “Expiration Date”); provided, however, that if the Expiration Date occurs on a date that is not a Business Day, the immediately following Business Day shall be deemed to be the Expiration Date. The Holder may pay the Exercise Price in either of the following forms or, at the election of the Holder, a combination thereof: (i) through a cash exercise (a “Cash Exercise”) by delivering immediately available funds, or (ii) through a cashless exercise (a “Cashless Exercise”) by noting on the Exercise Notice that the Holder wishes to effect a Cashless Exercise, in which case the Company shall issue to the Holder a number of Warrant Shares determined as follows: X = Y x (A-B)/A where: X = the number of Warrant Shares to be issued to the Holder; Y = the number of Warrant Shares with respect to which this Class A Warrant is being exercised; A = the Market Price (as defined below) as of the Exercise Date; and B = the Exercise Price.

Appears in 2 contracts

Samples: Warrant Agreement (Ener1 Inc), Warrant Agreement (Ener1 Inc)

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Right to Exercise; Exercise Price. The Holder shall have the right to exercise this Class B Warrant at any time and from time to time during the period beginning on the date that is six (6) months from the Issue Date (the “Commencement Date”) and ending on the fifth (5th) anniversary of the Commencement Issue Date (the “Expiration Date”); provided, however, that if the Expiration Date occurs on a date that is not a Business Day, the immediately following Business Day shall be deemed to be the Expiration Date. The Holder may pay the Exercise Price in either of the following forms or, at the election of the Holder, a combination thereof: (i) through a cash exercise (a “Cash Exercise”) by delivering immediately available funds, or (ii) through a cashless exercise (a “Cashless Exercise”) by noting on the Exercise Notice that the Holder wishes to effect a Cashless Exercise, in which case the Company shall issue to the Holder a number of Warrant Shares determined as follows: X = Y x (A-B)/A where: X = the number of Warrant Shares to be issued to the Holder; Y = the number of Warrant Shares with respect to which this Class B Warrant is being exercised; A = the Market Price (as defined below) as of the Exercise Date; and B = the Exercise Price.

Appears in 1 contract

Samples: Warrant Agreement (Ener1 Inc)

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