Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any exercise of this Warrant. Issued this 24 day of June, 2009. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence of: Address: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name: Title: Authorized Signatory Address: A2302, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Attention: Chief Financial Officer 1. The undersigned hereby elects to purchase Series A Preferred Shares (“Preferred Shares”) pursuant to the terms of the attached Warrant. 2. The undersigned shall exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, payment in full for the purchase price of the Preferred Shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable taxes, if any. 3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name) 4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares.
Appears in 2 contracts
Samples: Warrant Agreement (Nobao Renewable Energy Holdings LTD), Warrant Agreement (Nobao Renewable Energy Holdings LTD)
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder holder of this Warrant and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 30th day of JuneDecember, 20092016. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence of: Address: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name: /s/ Xxxxx Xxxxxx Title: Authorized Signatory Address: A2302, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Attention: Chief Financial OfficerOfficer /s/ Xxxxx Xxxxxxx Xx. Xxxxx Xxxxxxx Address: Keyuan South Road No. 88 Tianfu Life Science Park B1-9F Wuhou District, Chengdu China TO: CENTREXION THERAPEUTICS CORPORATION ________________________ ________________________ Attention: President
1. The undersigned hereby elects to purchase Series A Preferred Shares (“Preferred Shares”) __________ shares of _____________ pursuant to the terms of the attached Warrant.
2. Method of Exercise (Please initial the applicable blank): • The undersigned shall elects to exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any. • The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant.
3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name):
4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 11 of the attached Warrant (including Section 11(e) thereof) are true and correct as of the date hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Centrexion Therapeutics Corp), Warrant Agreement (Centrexion Therapeutics Corp)
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder Investor, and of the holder of the Preferred Shares issued upon exercise of this Warrant, Warrant shall survive any the exercise of this Warrant. Issued The Company has caused this 24 day Warrant to be issued as of June, 2009«Issuance_Date». SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence of: Address: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. a Delaware corporation By: Name: TitleDxxxx X. Xxxxxxx TO: Authorized Signatory Address: A2302KINEMED, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00INC. 5000 Xxxxxx Xx Ste 470 Emeryville CA 94608-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 2012 Attention: Chief Financial Executive Officer
1. The undersigned hereby elects to purchase Series A Preferred _______ Shares (“Preferred Shares”) of _______ pursuant to the terms of the attached Warrant.
2. The undersigned shall elects to exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any.
3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name) (Address)
4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 9 of the attached Warrant (including Section 9 E thereof) are true and correct as of the date hereof. The undersigned acknowledges that the Shares will bear a restrictive legend as described in Section 10 of the attached Warrant.
Appears in 2 contracts
Samples: Warrant Agreement (Kinemed Inc), Warrant Agreement (Kinemed Inc)
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder holder of this Warrant and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 3rd day of JuneDecember, 20092002. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence ofBy: Address/s/ Xxxxxxx X. Xxxxxxxxxx Name: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx FaxXxxxxxx X. Xxxxxxxxxx Title: 00-00-0000-0000 Chief Financial Officer Acknowledged and Agreed: CHINA ENVIRONMENT FUND IIITBI-Mission West, L.P. LLC, a California limited liability company By: TBI-MWP I, a California limited partnership, Managing Member By: Toeniskoetter & Breeding, Inc. Development, a California corporation General Partner By: /s/ Xxxx Xxxxxxxx Name: Xxxx X. Xxxxxxxx Title: Authorized Signatory AddressPresident TO: A2302MEDIA ARTS GROUP, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED XxINC. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Attention: Chief Financial OfficerCorporate Secretary
1. The undersigned hereby elects to purchase Series A Preferred __________ Shares (“Preferred Shares”) of _____________ pursuant to the terms of the attached Warrant.
2. The undersigned shall exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any.
3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name):
4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, resale in connection with with, the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 9 of the attached Warrant (including Section 9(e) thereof) are true and correct as of the date hereof.
Appears in 1 contract
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder holder of this Warrant and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 1st day of JuneNovember 2006. UNITED MEDICORP, 2009INC. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence of: Address: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name/s/ Xxxxx X. Xxxxxx ------------------------------------ Xxxxx X. Xxxxxx Chairman and Chief Executive Officer EXHIBIT A NOTICE OF EXERCISE TO: Title: Authorized Signatory Address: A2302UNITED MEDICORP, XX XxxxxINC. 000 X. Xxxxxx Street Pampa, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 TX 79065 Attention: Chief Financial OfficerPresident
1. The undersigned hereby elects to purchase Series A Preferred __________ Shares (“Preferred Shares”) of _____________ pursuant to the terms of the attached Warrant.
2. Method of Exercise (Please initial the applicable blank): ___ The undersigned shall elects to exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any. ___ The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant.
3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: --------------------------------- (Name) --------------------------------- --------------------------------- (Address)
4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares.
Appears in 1 contract
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder holder of this Warrant and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 _____th day of JuneAugust, 20092016. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED VISUALANT, INCORPORATED Xxxxxx X. Xxxxxxxx President and SIGNED by in the presence ofChief Executive Officer TO: Address: Xx. 000-000VISUALANT, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name: Title: Authorized Signatory Address: A2302, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 INCORPORATED [INSERT ADDRESS] Attention: Chief Financial OfficerPresident
1. The undersigned hereby elects to purchase Series A __________ Shares of Preferred Shares (“Preferred Shares”) Stock pursuant to the terms of the attached Warrant.
2. The undersigned shall elects to exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any.
3. The undersigned elects to exercise on a Cashless Basis if permitted by and in accordance with Section 3(ii) of the attached warrant and shall receive _________shares.
4. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name):
45. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e) thereof) are true and correct as of the date hereof.
Appears in 1 contract
Samples: Warrant Agreement (Visualant Inc)
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder holder of this Warrant and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 ___th day of JuneJanuary __, 20092013. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence ofName:_________________________ By:___________________________ Title:__________________________ TO: Address: XxREVEN HOUSING REIT, INC. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name: Title: Authorized Signatory Address: A2302, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 ______________________ ______________________ Attention: Chief Financial OfficerPresident
1. The undersigned hereby elects to purchase Series A Preferred __________ Shares (“Preferred Shares”) of _____________ pursuant to the terms of the attached Warrant.
2. The undersigned shall exercise the attached Warrant (i) by means of tenders herewith a cash payment, and tenders herewith, payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any.
3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name):
4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 9 of the attached Warrant (including Section 9(e) thereof) are true and correct as of the date hereof.
Appears in 1 contract
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder holder of this Warrant and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 6th day of JuneJuly, 20092007. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence ofAddress for Notice: Address: XxANPATH GROUP, INC. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name: Title: Authorized Signatory AddressAddress for Notice: A2302THE XXXXXXXX LIVING TRUST UTD 8/13/74 By: Title: TO: Anpath Group, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Inc. Attention: Chief Financial OfficerPresident
1. The undersigned hereby elects to purchase Series A Preferred __________ Shares (“Preferred Shares”) of _____________ pursuant to the terms of the attached Warrant.
2. Method of Exercise (Please initial the applicable blank): ___ The undersigned shall elects to exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any. ___ The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant.
3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name):
4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e) thereof) are true and correct as of the date hereof.
Appears in 1 contract
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder and of the holder of the Preferred Ordinary Shares issued upon exercise of this Warrant, shall survive any exercise of this Warrant. Issued this 24 day of June, 2009. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence of: Address: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. SUN XXXX XXXX By: /s/ Sun Xxxx Xxxx Name: Title: Authorized Signatory Sun Xxxx Xxxx Address: A2302Xx. 000-000, XX Xxxxx, Xxxxxxxx Xxxxxxx Xx Xxxx Xxxx, Xxxxxxx 000000 Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Attention: Chief Financial Officer
1. The undersigned hereby elects to purchase Series A Preferred Ordinary Shares (“Preferred Ordinary Shares”) pursuant to the terms of the attached Warrant.
2. The undersigned shall exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, payment in full for the purchase price of the Preferred Ordinary Shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable taxes, if any.
3. Please issue a certificate or certificates representing said Preferred Ordinary Shares in the name of the undersigned or in such other name as is specified below: (Name) (Address)
4. The undersigned hereby represents and warrants that the aforesaid Preferred Ordinary Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such shares.
Appears in 1 contract
Samples: Warrant Agreement (Nobao Renewable Energy Holdings LTD)
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder holder of this Warrant and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 13th day of JuneFebruary, 20092006. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence of: Address: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: /s/ XXXXXX XXXXXXX Name: Xxxxxx Xxxxxxx Title: Authorized Signatory AddressPresident and Chief Executive Officer TO: A2302LaserLock Technologies, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Inc. Attention: Chief Financial OfficerPresident
Section 1. The undersigned hereby elects to purchase Series A Preferred __________ Shares (“Preferred Shares”) of _____________ pursuant to the terms of the attached Warrant.
Section 2. The undersigned shall elects to exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any.
Section 3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name):
Section 4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant (including Section 10 (e) thereof) are true and correct as of the date hereof. FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto _______________________________________________ the right represented by the attached Warrant to purchase ____________ shares of ________________________ of LaserLock Technologies, Inc. to which the attached Warrant relates, and appoints ______________ Attorney to transfer such right on the books of __________, with full power of substitution in the premises.
Appears in 1 contract
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder holder of this Warrant and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 ___ day of June______________, 2009. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED By: Title: Accepted and SIGNED by in the presence ofagreed: Address: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name: Title: Authorized Signatory Address: A2302600 Xxxxx Xxxx., XX XxxxxSuite 1010 Costa Mesa, Xxxxxxxx Xxxxxxx XxxxCA 92626 TO: CNS Response, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Inc. Attention: Chief Financial Executive Officer
1. The undersigned hereby elects to purchase Series A Preferred __________ Shares (“Preferred Shares”) of _____________ pursuant to the terms of the attached Warrant.
2. Method of Exercise (Please initial the applicable blank): ___ The undersigned shall elects to exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any. ___ The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant.
3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name):
4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 10 of the attached Warrant are true and correct as of the date hereof.
Appears in 1 contract
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder of this Warrant and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 day This Warrant to Purchase Common Stock is issued as of Junethe date first set forth above. OPTIMER PHARMACEUTICALS, 2009INC. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence of: Address: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name: Title: Authorized Signatory Address: A2302, XX Xxxxxxx X. Xxxxx, Xxxxxxxx Xxxxxxx XxxxChief Executive Officer TO: Optimer Pharmaceuticals, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Inc. Attention: Chief Financial OfficerPresident
1. The undersigned hereby elects to purchase Series A Preferred Shares (“Preferred Shares”) of Common Stock of Optimer Pharmaceuticals, Inc. pursuant to the terms of the attached Warrant.
2. Method of Exercise (Please initial the applicable blank): The undersigned shall elects to exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any. The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant.
3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name) (Address)
4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 4 of the Purchase Agreement (as defined in the Warrant) are true and correct as of the date hereof.
Appears in 1 contract
Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder and of the holder of the Preferred Shares shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 ____ day of JuneApril, 20092007 SMOKY MARKET FOODS, INC. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence of___________________ By: AddressEXXXXX X. XXXXXXXX Title: CHAIRMAN, PRESIDENT & CEO EXHIBIT A --------- NOTICE OF EXERCISE ------------------ TO: Smoky Market Foods, Inc. 800 Xxxxxxx Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name: Title: Authorized Signatory Address: A2302000 Xxxxx, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 00000 Attention: Chief Financial OfficerOfficer Facsimile: 800-000-0000
1. The undersigned hereby elects to purchase Series A Preferred __________ Shares (“Preferred Shares”) of _____________ pursuant to the terms of the attached Warrant.
2. The undersigned shall exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any.
32. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: _________________________________ (Name) _________________________________ _________________________________ (Address)
43. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 9 of the attached Warrant (including Section 10 (e) thereof) are true and correct as of the date hereof.
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Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder and of the holder of the Preferred Shares shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 day of June[__________] __, 20092006 SMOKY MARKET FOODS, INC. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence of: Address: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name: _______________________________ Title: Authorized Signatory Address____________________________ [SIGNATURE PAGE TO WARRANT TO PURCHASE SHARES] EXHIBIT A --------- NOTICE OF EXERCISE ------------------ TO: A2302Smoky Market Foods, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Inc. __________________________________ __________________________________ Attention: Chief Financial OfficerOfficer Facsimile: _______________
1. The undersigned hereby elects to purchase Series A Preferred __________ Shares (“Preferred Shares”) of _____________ pursuant to the terms of the attached Warrant.
2. The undersigned shall exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any.
32. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: _________________________________________ (Name) _________________________________________ _________________________________________ (Address)
43. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in Section 9 of the attached Warrant (including Section 10 (e) thereof) are true and correct as of the date hereof.
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Rights and Obligations Survive Exercise of Warrant. Unless otherwise provided herein, the rights and obligations of the Company, of the Holder of this Warrant and of the holder of the Preferred Shares issued upon exercise of this Warrant, shall survive any the exercise of this Warrant. Issued this 24 day This Warrant to Purchase Common Stock is issued as of June, 2009the date first set forth above. SEALED with the Common Seal of EASTERN WELL HOLDINGS LIMITED and SIGNED by in the presence ofBy: Address: Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx /s/ Xxxxx Xxxxxxxx Xxxxx Xxxxxxxx, XxxxxxxxDirector TO: Akesis Pharmaceuticals, Xxxxx Fax: 00-00-0000-0000 Acknowledged and Agreed: CHINA ENVIRONMENT FUND III, L.P. By: Name: Title: Authorized Signatory Address: A2302, XX Xxxxx, Xxxxxxxx Xxxxxxx Xxxx, Xxxxxxx 000000 Xxxxx Fax: 00-00-0000-0000 To: EASTERN WELL HOLDINGS LIMITED Xx. 000-000, Xx Xxxx Xxxx, Xxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxx Fax: 00-00-0000-0000 Inc. Attention: Chief Financial OfficerPresident
1. The undersigned hereby elects to purchase Series A Preferred __________ Shares (“Preferred Shares”) of Common Stock of Akesis Pharmaceuticals, Inc. pursuant to the terms of the attached Warrant.
2. Method of Exercise (Please initial the applicable blank): ___ The undersigned shall elects to exercise the attached Warrant (i) by means of a cash payment, and tenders herewith, herewith payment in full for the purchase price of the Preferred Shares shares being purchased, or (ii) by means of a Net Exercise in accordance with the terms of Section 6(b) of said Warrant, together with all applicable transfer taxes, if any. ___ The undersigned elects to exercise the attached Warrant by means of the net exercise provisions of Section 4 of the Warrant.
3. Please issue a certificate or certificates representing said Preferred Shares in the name of the undersigned or in such other name as is specified below: (Name):
4. The undersigned hereby represents and warrants that the aforesaid Preferred Shares are being acquired for the account of the undersigned for investment and not with a view to, or for resale, in connection with the distribution thereof, and that the undersigned has no present intention of distributing or reselling such sharesshares and all representations and warranties of the undersigned set forth in the Warrant are true and correct as of the date hereof.
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