Settlement of Warrants. (a) Full Physical Settlement shall apply to each Warrant unless the Beneficial Owner elects for Net Share Settlement to apply upon exercise of such Warrant. Such election shall be made in the Exercise Notice for such Warrant. (b) If Full Physical Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner the Company shall cause to be delivered to the exercising Beneficial Owner the Fully Physical Settlement Amount. (c) If Net Share Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner the Company shall cause to be delivered to the exercising Beneficial Owner the Net Share Amount. To the extent a Beneficial Owner elects a Net Share Settlement, the Company shall have sole responsibility for calculating the Net Share Amount. The Company shall provide the Net Share Amount calculation to the Warrant Agent. (d) If there is a dispute as to the determination of the Exercise Price or the calculation of the number of Common Shares to be delivered to an exercising Beneficial Owner, the Company shall cause to be promptly delivered to the number of Common Shares that is not in dispute.
Appears in 3 contracts
Samples: Warrant Agreement (Comstock Oil & Gas, LP), Warrant Agreement (Comstock Oil & Gas, LP), Warrant Agreement (Comstock Oil & Gas, LP)
Settlement of Warrants. (a) Full Physical Settlement shall apply to each Warrant unless the Beneficial Owner elects for Net Share Settlement to apply upon exercise of such Warrant. Such election shall be made in the Exercise Notice for such Warrant.
(b) If Full Physical Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner the Company shall cause to be delivered to the exercising Beneficial Owner the Fully Physical Settlement Amount.
(c) If Net Share Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner the Company shall cause to be delivered to the exercising Beneficial Owner the Net Share Amount. To the extent a Beneficial Owner elects a Net , together with Cash in respect of any fractional Common Share Settlement, the Company shall have sole responsibility for calculating the Net Share Amount. The Company shall provide the Net Share Amount calculation to the Warrant Agentas provided in Section 3.05.
(d) If there is a dispute as to the determination of the Exercise Price or the calculation of the number of shares of Common Shares Stock to be delivered to an exercising Beneficial Owner, the Company shall cause to be promptly delivered to the number of Common Shares and Cash that is not in dispute.
Appears in 2 contracts
Samples: Warrant Agreement (Hercules Offshore, Inc.), Warrant Agreement
Settlement of Warrants. (a) Full Physical Settlement shall apply to each Warrant unless the Beneficial Owner elects for Net Share Settlement to apply upon exercise of such Warrant. Such election shall be made in the Exercise Notice for such Warrant.
(b) If Full Physical Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner the Company shall cause to be delivered to the exercising Beneficial Owner the Fully Physical Settlement Amount.
(c) If Net Share Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner the Company shall cause to be delivered to the exercising Beneficial Owner the Net Share Amount. To the extent a Beneficial Owner elects a Net , with any fractional Common Share Settlement, the Company shall have sole responsibility for calculating the Net Share Amount. The Company shall provide the Net Share Amount calculation rounded down to the Warrant Agentnearest whole share as provided in Section 3.05.
(d) If there is a dispute as to the determination of the applicable Exercise Price or the calculation of the number of shares of Common Shares Stock to be delivered to an exercising Beneficial Owner, the Company shall cause to be promptly delivered to the exercising Beneficial Owner the number of Common Shares that is not in dispute.
Appears in 2 contracts
Samples: Warrant Agreement (Swift Energy Co), Warrant Agreement
Settlement of Warrants. (a) Full Physical Settlement shall apply to each Warrant unless the Beneficial Owner elects for Net Share Settlement to apply upon exercise of such Warrant. Such election shall be made in the Exercise Notice for such Warrant.
(b) If Full Physical Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner Owner, the Company shall cause to be delivered to the exercising Beneficial Owner the Fully Physical Settlement Amount.
(c) If Net Share Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner Owner, the Company shall cause to be delivered to the exercising Beneficial Owner the Net Share Amount. To the extent a Beneficial Owner elects a Net , with any fractional Common Share Settlement, the Company shall have sole responsibility for calculating the Net Share Amount. The Company shall provide the Net Share Amount calculation rounded up to the Warrant Agentnearest whole share as provided in Section 3.05.
(d) If there is a dispute as to the determination of the applicable Exercise Price or the calculation of the number of shares of Common Shares Stock to be delivered to an exercising Beneficial Owner, the Company shall cause to be promptly delivered to the exercising Beneficial Owner the number of Common Shares that is are not in dispute.
Appears in 1 contract
Samples: Warrant Agreement
Settlement of Warrants. (a) Full Physical Settlement shall apply to each Warrant unless the Beneficial Owner elects for Net Share Settlement to apply upon exercise of such Warrant. Such election shall be made in the Exercise Notice for such Warrant.
(b) If Full Physical Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner the Company shall cause to be delivered to the exercising Beneficial Owner the Fully Full Physical Settlement Amount.
(c) If Net Share Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner the Company shall cause to be delivered to the exercising Beneficial Owner the Net Share Amount. To the extent a Beneficial Owner elects a Net , with any fractional Common Share Settlement, the Company shall have sole responsibility for calculating the Net Share Amount. The Company shall provide the Net Share Amount calculation rounded down to the Warrant Agentnearest whole share as provided in Section 3.05.
(d) If there is a dispute as to the determination of the applicable Exercise Price or the calculation of the number of shares of Common Shares Stock to be delivered to an exercising Beneficial Owner, the Company shall cause to be promptly delivered to the exercising Beneficial Owner the number of Common Shares that is not in dispute.
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Settlement of Warrants. (a) Full Physical Settlement shall apply to each Warrant unless the Beneficial Owner Holder elects for Net Share Settlement to apply upon exercise of such Warrant. Such election shall be made in the Exercise Notice for such Warrant.
(b) If Full Physical Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner Holder, the Company shall cause to be delivered to the exercising Beneficial Owner Holder the Fully Physical Settlement Amount.
(c) If Net Share Settlement applies to the exercise of a Warrant, upon the proper and valid exercise thereof by a Beneficial Owner Holder, the Company shall cause to be delivered to the exercising Beneficial Owner Holder the Net Share Amount. To the extent a Beneficial Owner elects a Net , with any fractional Common Share Settlement, the Company shall have sole responsibility for calculating the Net Share Amount. The Company shall provide the Net Share Amount calculation rounded up to the Warrant Agentnearest whole share as provided in Section 4.05.
(d) If there is a dispute as to the determination of the applicable Exercise Price or the calculation of the number of shares of Common Shares Stock to be delivered to an exercising Beneficial OwnerHolder, the Company shall cause to be promptly delivered to the exercising Holder the number of Common Shares that is are not in dispute.
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