Standard Method. The purchase right represented by this Warrant --------------- may be exercised by the holder hereof, in whole or in part and from time to time, by either, at the election of the holder hereof, (a) the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-1 duly executed) at the principal office of the Company and by the payment to the Company, by check or by wire transfer, of an amount equal to the then applicable Warrant Price per share multiplied by the number of Shares then being purchased or (b) if in connection with a registered public offering of the Company's securities (provided that such offering includes Shares and that the holder shall have elected to participate therein pursuant to the exercise of the registration rights referred to in Section 6 hereof), the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-2 duly executed) at the principal office of the Company together with notice of arrangements reasonably satisfactory to the Company and any underwriter, in the case of an underwritten registered public offering, for payment to the Company either by certified or bank check or by wire transfer from the proceeds of the sale of Shares to be sold by the holder in such public offering of an amount equal to the then applicable Warrant Price per Share multiplied by the number of Shares then being purchased; however, notwithstanding the cash payment requirements set forth in this Section 1.1, the Holder shall be entitled to use the net issue exercise option as hereinafter provided in Section 1.2. The person or persons in whose name(s) any certificate(s) representing Shares shall be issuable upon exercise of this Warrant shall be deemed to have become the holder(s) of record of, and shall be treated for all purposes as the record holder(s) of, the Shares represented thereby (and such Shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised and the then applicable Warrant Price paid. In the event of any exercise of the rights represented by this Warrant, certificates for the Shares of stock so purchased shall be delivered to the holder hereof as soon as possible and in any event within ten days of receipt of such notice and payment of the then applicable Warrant Price and, unless this Warrant has been fully exercised or expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised and containing the same terms and conditions of this Warrant shall also be issued to the holder hereof as soon as possible and in any event within such ten-day period.
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Samples: Stockholders Agreement (Quiznos Corp), Stockholders Agreement (Quiznos Corp)
Standard Method. The purchase right represented by this Warrant --------------- may be exercised by the holder hereof, in whole or in part and from time to time, time by either, at the election of the holder hereof, (a) the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-1 A duly executed) at the principal office of the Company and by the payment to the Company, by certified or bank check or by wire transfer, of an amount equal to the then applicable Warrant Price per share multiplied by the number of Shares then being purchased or (b) if in connection with a registered public offering of the Company's securities (provided that such offering includes Shares and that the holder shall have elected to participate therein pursuant to the exercise of the registration rights referred to in Section 6 hereof), the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-2 duly executed) at the principal office of the Company together with notice of arrangements reasonably satisfactory to the Company and any underwriter, in the case of an underwritten registered public offering, for payment to the Company either by certified or bank check or by wire transfer from the proceeds of the sale of Shares to be sold by the holder in such public offering of an amount equal to the then applicable Warrant Price per Share multiplied by the number of Shares then being purchased; however, notwithstanding the cash payment requirements set forth in this Section 1.1, the Holder shall be entitled to use the net issue exercise option as hereinafter provided in Section 1.2. The person or persons in whose name(sname (s) any certificate(s) representing Warrant Shares shall be issuable upon exercise of this Warrant shall be deemed to have become the holder(s) of record of, and shall be treated for all purposes as the record holder(s) of, the Shares shares represented thereby (and such Shares shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised and the then applicable Warrant Price paid. In the event of any exercise of the rights represented by this Warrant, certificates for the Shares shares of stock so purchased shall be delivered to the holder hereof as soon as possible and in any event within ten thirty days of receipt of such notice and payment of the then applicable Warrant Price and, unless this Warrant has been fully exercised or expired, a new Warrant representing the portion of the warrant Shares, if any, with respect to which this Warrant shall not then have been exercised and containing the same terms and conditions of this Warrant shall also be issued to the holder hereof as soon as possible and in any event within such tenthirty-day period.
Appears in 1 contract
Standard Method. The purchase right represented by this Warrant --------------- may be exercised by the holder hereof, in whole or in part and from time to time, by either, at the election of the holder Holder hereof, (a) the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-1 duly executed) at the principal office of the Company and by the payment to the Company, by check or by wire transfer, of an amount equal to the then applicable Warrant Price per share multiplied by the number of Shares then being purchased or (b) if in connection with a registered public offering of the Company's securities (provided that such offering includes Shares and that the holder shall have elected to participate therein pursuant to the exercise of the registration rights referred to in Section 6 hereof), the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-2 duly executed) at the principal office of the Company together with notice of arrangements reasonably satisfactory to the Company and any underwriter, in the case of an underwritten registered public offering, for payment to the Company either by certified or bank check or by wire transfer from the proceeds of the sale of Shares to be sold by the holder in such public offering of an amount equal to the then applicable Warrant Price per Share multiplied by the number of Shares then being purchased; however, notwithstanding the cash payment requirements set forth in this Section 1.12.1, the Holder shall be entitled to use the net issue exercise option as hereinafter provided in Section 1.22.2. The person or persons in whose name(snames) any certificate(scertificates) representing Shares shall be issuable upon exercise of this Warrant shall be deemed to have become the holder(s) of record of, and shall be treated for all purposes as the record holder(s) of, the Shares represented thereby (and such Shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised and the then applicable Warrant Price paid. In the event of any exercise of the rights represented by this Warrant, certificates for the Shares of stock so purchased shall be delivered to the holder hereof as soon as possible and in any event within ten days of receipt of such notice and payment of the then applicable Warrant Price and, unless this Warrant has been fully exercised or expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised and containing the same terms and conditions of this Warrant shall also be issued to the holder hereof as soon as possible and in any event within such ten-day period.
Appears in 1 contract
Standard Method. The purchase right represented by this Warrant --------------- may be exercised by the holder hereof, in whole or in part and from time to time, by either, at the election of the holder hereof, (a) the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-1 duly executed) at the principal office of the Company and by the payment to the Company, by check or by wire transfer, of an amount equal to the then applicable Warrant Price per share multiplied by the number of Shares then being purchased or (b) if in connection with a registered public offering of the Company's securities (provided that such offering includes Shares and that the holder shall have elected to participate therein pursuant to the exercise of the registration rights referred to in Section 6 hereof), the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-2 duly executed) at the principal office of the Company together with notice of arrangements reasonably satisfactory to the Company and any underwriter, in the case of an underwritten registered public offering, for payment to the Company either by certified or bank check or by wire transfer from the proceeds of the sale of Shares to be sold by the holder in such public offering of an amount equal to the then applicable Warrant Price per Share multiplied by the number of Shares then being purchased; however, notwithstanding the cash payment requirements set forth in this Section 1.12.1, the Holder shall be entitled to use the net issue exercise option as hereinafter provided in Section 1.22.2. The person or persons in whose name(s) any certificate(s) representing Shares shall be issuable upon exercise of this Warrant shall be deemed to have become the holder(s) of record of, and shall be treated for all purposes as the record holder(s) of, the Shares represented thereby (and such Shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised and the then applicable Warrant Price paid. In the event of any exercise of the rights represented by this Warrant, certificates for the Shares of stock so purchased shall be delivered to the holder hereof as soon as possible and in any event within ten days of receipt of such notice and payment of the then applicable Warrant Price and, unless this Warrant has been fully exercised or expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised and containing the same terms and conditions of this Warrant shall also be issued to the holder hereof as soon as possible and in any event within such ten-day period.__________________________________
Appears in 1 contract
Samples: Stockholders Agreement (Retail & Restaurant Growth Capital L P)
Standard Method. The purchase right represented by this Warrant --------------- may be exercised by the holder hereof, in whole or in part and from time to time, by either, at the election of the holder hereof, (a) the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-1 duly executed) at the principal office of the Company and by the payment to the Company, by certified or bank check or by wire transfer, of an amount equal to the then applicable Warrant Price per share multiplied by the number of Shares then being purchased or (b) if in connection with a registered public offering of the Company's securities (provided that such offering includes the shares issuable upon the conversion of the Shares (the "Conversion Shares") and that the holder shall have elected to participate therein pursuant to the exercise of the registration rights referred to in Section 6 8.2 hereof), the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-2 duly executedexecuted and a notice of conversion for the Conversion Shares being sold in such offering) at the principal office of the Company together with notice of arrangements reasonably satisfactory to the Company and any underwriter, in the case of an underwritten registered public offering, for payment to the Company either by certified or bank check or by wire transfer or from the proceeds of the sale of Shares to be sold by the holder in such public offering of an amount equal to the then applicable Warrant Price per Share multiplied by the number of Shares then being purchased; however, notwithstanding the cash payment requirements set forth in this Section 1.1, the Holder shall be entitled to use the net issue exercise option as hereinafter provided in Section 1.2. The person or persons in whose name(s) any certificate(s) representing Shares shall be issuable upon exercise of this Warrant shall be deemed to have become the holder(s) of record of, and shall be treated for all purposes as the record holder(s) of, the Shares shares represented thereby (and such Shares shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised and the then applicable Warrant Price paid. In the event of any exercise of the rights represented by this Warrant, certificates for the Shares shares of stock so purchased shall be delivered to the holder hereof as soon as possible and in any event within ten thirty days of receipt of such notice and payment of the then applicable Warrant Price and, unless this Warrant has been fully exercised or expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised and containing the same terms and conditions of this Warrant shall also be issued to the holder hereof as soon as possible and in any event within such tenthirty-day period.
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