Common use of Stock Ownership; Stock Certificates; Partial Exercise Clause in Contracts

Stock Ownership; Stock Certificates; Partial Exercise. Upon each exercise of this Warrant, the Holder shall be deemed to be the holder of record of the Shares of Common Stock issuable upon such exercise, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shall not then have been actually delivered to the Holder. As soon as possible after each such exercise of this Warrant, the Company shall issue and deliver to the Holder a certificate or certificates for the Shares issuable upon such exercise issued in such denominations as may be specified by the Holder and registered in the name of the Holder or, subject to Section 9, such other name or names as shall be designated in the Holder's election to exercise. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the right of the Holder to purchase the balance of the Shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at the time of each exercise of this Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the Holder all rights to which the Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the Holder.

Appears in 4 contracts

Samples: Warrant Agreement (Acr Group Inc), Warrant Agreement (Acr Group Inc), Warrant Agreement (Acr Group Inc)

AutoNDA by SimpleDocs

Stock Ownership; Stock Certificates; Partial Exercise. (a) Upon each exercise of this a Warrant, the (x) Holder shall be deemed to be the holder Holder of record of the Shares of Common Stock issuable upon such exerciseexercise and (y) such Shares shall be deemed to have been issued as of the close of business on the day the Warrant is exercised in accordance with Section 2 above, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shall not then have been actually delivered to the Holder. . (b) As soon as possible after each such exercise of this a Warrant, but in any event within three (3) Trading Days after such exercise, the Company shall at its expense issue and deliver to the Holder a certificate or certificates for the Shares (or Cashless Exercise Shares, as the case may be) issuable upon such exercise issued in such denominations as may be specified by Holder in the Holder Exercise Notice or Cashless Exercise Notice, as applicable, and registered in the name of the Holder or, subject to Section 911(b), such other name or names as shall be designated in Holder’s Exercise Notice or Cashless Exercise Notice, as applicable, along with cash in lieu of any fractional shares pursuant to Section 8(f) and to the extent applicable in accordance with Section 3(c), a new Warrant Certificate representing any un-exercised balance. At the written request of Holder's election , in lieu of transmitting certificates to exercise. Holder, the Company may credit the account of Holder’s prime broker with The Depository Trust Company. (c) If this any Warrant should shall be exercised in part only, the Company shall, upon surrender of this the Warrant Certificate for cancellation, execute and deliver a new Warrant Certificate evidencing the right of the Holder to purchase the balance of the Shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at will not close its stockholder books or records in any manner which prevents the time of each timely exercise of this a Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the Holder all rights to which the Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the Holder.

Appears in 2 contracts

Samples: Warrant Agreement (Endeavour International Corp), Warrant Agreement (Endeavour International Corp)

Stock Ownership; Stock Certificates; Partial Exercise. Upon each exercise of this Warrant, the Holder shall be deemed to be the holder of record of the Shares shares of Common Stock issuable upon such exerciseexercise as of the close of business on the day this Warrant is exercised, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shares shall not then have been actually delivered to the Holder. As soon as possible after each such exercise of this Warrant, the Company shall issue and deliver to the Holder a certificate or certificates for the Shares shares issuable upon such exercise issued in such denominations as may be specified by the Holder and registered in the name of the Holder or, subject to Section 9, such other name or names as shall be designated in the Holder's election to exercise. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the right of the Holder to purchase the balance of the Shares shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at the time of each exercise of this Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the such Holder all rights to which the such Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the such Holder.

Appears in 2 contracts

Samples: Exchange Agreement (Baker Hughes Inc), Master Warrant Agreement (Amedisys Inc)

Stock Ownership; Stock Certificates; Partial Exercise. Upon each ----------------------------------------------------- exercise of this Warrant, the Holder shall be deemed to be the holder of record of the Shares shares of Common Stock issuable upon such exerciseexercise as of the close of business on the day this Warrant is exercised, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shares shall not then have been actually delivered to the Holder. As soon as possible after each such exercise of this Warrant, the Company shall issue and deliver to the Holder a certificate or certificates for the Shares shares issuable upon such exercise issued in such denominations as may be specified by the Holder and registered in the name of the Holder or, subject to Section 9, such other name or names as shall be designated in the Holder's election to exercise. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the right of the Holder to purchase the balance of the Shares shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at the time of each exercise of this Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the such Holder all rights to which the such Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall -------- fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the such Holder.

Appears in 1 contract

Samples: Subscription Agreement (Tuboscope Vetco International Corp)

Stock Ownership; Stock Certificates; Partial Exercise. Upon each exercise of this Warrant, the Holder shall be deemed to be the holder of record of the Shares of Common Stock issuable upon such exercise, when such transfer is effected on the stock transfer books of the Company. In the event the Company fails to record such Warrant exercise on the stock transfer books, then the Holder shall be deemed to be the holder of record of the Shares of Common Stock, notwithstanding that the stock transfer books of the Company shall then be not have been closed or certificates representing such Shares shall not then have been actually delivered to the Holder. As soon as possible after each such exercise of this Warrant, the Company shall issue and deliver to the Holder a certificate or certificates for the Shares issuable upon such exercise issued in such denominations as may be specified by the Holder and registered in the name of the Holder or, subject to Section 9Sections 3 and 13 hereof, such other name or names as shall be designated in the Holder's election to exercise. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the right of the Holder to purchase the balance of the Shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at the time of each exercise of this Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the Holder all rights to which the Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the Holder.

Appears in 1 contract

Samples: Warrant Agreement (Gexa Corp)

Stock Ownership; Stock Certificates; Partial Exercise. (a) Upon each exercise of this a Warrant, the (x) Holder shall be deemed to be the holder of record of the Shares of Common Stock issuable upon such exerciseexercise and (y) such Shares shall be deemed to have been issued as of the close of business on the day the Warrant is exercised in accordance with Section 2 above, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shall not then have been actually delivered to the Holder. . (b) As soon as possible after each such exercise of this a Warrant, but in any event within three (3) Trading Days after such exercise, the Company shall at its expense issue and deliver to the Holder a certificate or certificates for the Shares (or Cashless Exercise Shares, as the case may be) issuable upon such exercise issued in such denominations as may be specified by Holder in the Holder Exercise Notice or Cashless Exercise Notice, as applicable, and registered in the name of the Holder or, subject to Section 911(b), such other name or names as shall be designated in Holder’s Exercise Notice or Cashless Exercise Notice, as applicable, along with cash in lieu of any fractional shares pursuant to Section 8(e) and to the extent applicable in accordance with Section 3(c), a new Warrant Certificate representing any un-exercised balance. At the written request of Holder's election , in lieu of transmitting certificates to exercise. Holder, the Company may credit the account of Holder’s prime broker with The Depository Trust Company. (c) If this any Warrant should shall be exercised in part only, the Company shall, upon surrender of this the Warrant Certificate for cancellation, execute and deliver a new Warrant Certificate evidencing the right of the Holder to purchase the balance of the Shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at will not close its stockholder books or records in any manner which prevents the time of each timely exercise of this a Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the Holder all rights to which the Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the Holder.

Appears in 1 contract

Samples: Warrant Agreement (Endeavour International Corp)

Stock Ownership; Stock Certificates; Partial Exercise. (a) Upon each exercise of this a Warrant, (x) the Holder shall be deemed to be the holder of record of the Shares of Common Stock issuable upon such exerciseexercise and (y) such Shares shall be deemed to have been issued as of the close of business on the day the Warrant is exercised in accordance with Section 2 above, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shall not then have been actually delivered to the Holder. . (b) As soon as possible after each such exercise of this a Warrant, but in any event within three (3) Trading Days after such exercise, the Company shall issue and deliver to the Holder a certificate or certificates for the Shares (or Cashless Exercise Shares, as the case may be) issuable upon such exercise issued in such denominations as may be specified by the Holder in the Exercise Notice or Cashless Exercise Notice, as applicable, and registered in the name of the Holder or, subject to Section 911(b), such other name or names as shall be designated in the Holder's election ’s Exercise Notice or Cashless Exercise Notice, as applicable, along with cash in lieu of any fractional shares pursuant to exerciseSection 8(h) and to the extent applicable in accordance with Section 3(c), a new Warrant Certificate representing any un-exercised balance. At the written request of the Holder, in lieu of transmitting certificates to the Holder, the Company may credit the account of the Holder’s prime broker with The Depository Trust Company. (c) If this any Warrant should shall be exercised in part only, the Company shall, upon surrender of this the Warrant Certificate for cancellation, execute and deliver a new Warrant Certificate evidencing the right of the Holder to purchase the balance of the Shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at will not close its stockholder books or records in any manner which prevents the time of each timely exercise of this a Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the Holder all rights to which the Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the Holder.

Appears in 1 contract

Samples: Warrant Agreement (Endeavour International Corp)

Stock Ownership; Stock Certificates; Partial Exercise. Upon each exercise of this Warrant, the Holder shall be deemed to be the holder of record of the Shares of Common Stock issuable upon such exercise, when such transfer is effected on the stock transfer books of the Company. In the event the Company fails to record such Warrant exercise on the stock transfer books, then the Holder shall be deemed to be the holder of record of the Shares of Common Stock, notwithstanding that the stock transfer books of the Company shall then be not have been closed or certificates representing such Shares shall not then have been actually delivered to the Holder. As soon as possible after each such exercise of this Warrant, the Company shall issue and deliver to the Holder a certificate or certificates for the Shares issuable upon such exercise issued in such denominations as may be specified by the Holder and registered in the name of the Holder or, subject to Section 9Sections 3 and 10 hereof, such other name or names as shall be designated in the Holder's election to exercise. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the right of the Holder to purchase the balance of the Shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at the time of each exercise of this Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the Holder all rights to which the Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the Holder.

Appears in 1 contract

Samples: Warrant Agreement (Gexa Corp)

AutoNDA by SimpleDocs

Stock Ownership; Stock Certificates; Partial Exercise. Upon each exercise of this Warrant, the Holder shall be deemed to be the holder of record of the Shares shares of Common Stock issuable upon such exerciseexercise as of the close of business on the day this Warrant is exercised, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shares shall not then have been actually delivered to the Holder. As soon as possible after each such exercise of this Warrant, the Company shall issue and deliver to the Holder a certificate or certificates for the Shares shares issuable upon such exercise issued in such denominations as may be specified by the Holder and registered in the name of the Holder or, subject to Section 9, such other name or names as shall be designated in the Holder's election to exercise. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the right of the Holder to purchase the balance of the Shares shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at the time of each exercise of this Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the such Holder all rights to which the such Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall -------- fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the such Holder.

Appears in 1 contract

Samples: Exchange Agreement (Tuboscope Vetco International Corp)

Stock Ownership; Stock Certificates; Partial Exercise. (a) Upon each exercise of this a Warrant, (x) the Holder shall be deemed to be the holder of record of the Shares of Common Stock issuable upon such exerciseexercise and (y) such Shares shall be deemed to have been issued as of the close of business on the day the Warrant is exercised in accordance with Section 2 above, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shall not then have been actually delivered to the Holder. . (b) As soon as possible after each such exercise of this a Warrant, but in any event within three (3) Trading Days after such exercise, the Company shall issue and deliver to the Holder a certificate or certificates for the Shares (or Cashless Exercise Shares, as the case may be) issuable upon such exercise issued in such denominations as may be specified by the Holder in the Exercise Notice or Cashless Notice, as applicable, and registered in the name of the Holder or, subject to Section 911(b), such other name or names as shall be designated in the Holder's election ’s Exercise Notice or Cashless Exercise Notice, as applicable, along with cash in lieu of any fractional shares pursuant to exerciseSection 8(h) and to the extent applicable in accordance with Section 3(c), a new Warrant Certificate representing any un-exercised balance. At the written request of the Holder, in lieu of transmitting certificates to the Holder, the Company may credit the account of the Holder’s prime broker with The Depository Trust Company. (c) If this any Warrant should shall be exercised in part only, the Company shall, upon surrender of this the Warrant Certificate for cancellation, execute and deliver a new Warrant Certificate evidencing the right of the Holder to purchase the balance of the Shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at will not close its stockholder books or records in any manner which prevents the time of each timely exercise of this a Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the Holder all rights to which the Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the Holder.

Appears in 1 contract

Samples: Warrant Agreement (Endeavour International Corp)

Stock Ownership; Stock Certificates; Partial Exercise. Upon each exercise of this a Warrant, the Holder shall be deemed to be the holder of record of the Shares of Common Stock issuable upon such exerciseexercise as of the close of business on the day the Warrant is exercised in accordance with Section 2 above, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shall not then have been actually delivered to the Holder. As soon as possible after each such exercise of this a Warrant, the Company shall issue and deliver to the Holder a certificate or certificates for the Shares (or Conversion Shares, as the case may be) issuable upon such exercise issued in such denominations as may be specified by the Holder in the Exercise Notice or Notice of Conversion, as applicable, and registered in the name of the Holder or, subject to Section 912, such other name or names as shall be designated in the Holder's election ’s Exercise Notice or Notice of Conversion, as applicable, along with cash in lieu of any fractional shares pursuant to exerciseSection 7(h). If this a Warrant should be exercised in part only, the Company shall, upon surrender of this the Warrant Certificate for cancellation, execute and deliver a new Warrant Certificate evidencing the right of the Holder to purchase the balance of the Shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at the time of each exercise of this Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the Holder all rights to which the Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the Holder.

Appears in 1 contract

Samples: Warrant Agreement (Forum Energy Technologies, Inc.)

Stock Ownership; Stock Certificates; Partial Exercise. (a) Upon each exercise of this a Warrant, the (x) Holder shall be deemed to be the holder Holder of record of the Shares of Common Stock issuable upon such exerciseexercise and (y) such Shares shall be deemed to have been issued as of the close of business on the day the Warrant is exercised in accordance with Section 2 above, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shall not then have been actually delivered to the Holder. . (b) As soon as possible after each such exercise of this a Warrant, but in any event within three (3) Trading Days after such exercise, the Company shall at its expense issue and deliver to the Holder a certificate or certificates for the Shares (or Cashless Exercise Shares, as the case may be) issuable upon such exercise issued in such denominations as may be specified by Holder in the Holder Exercise Notice or Cashless Exercise Notice, as applicable, and registered in the name of the Holder or, subject to Section 911(b), such other name or names as shall be designated in Holder’s Exercise Notice or Cashless Exercise Notice, as applicable, along with cash in lieu of any fractional shares pursuant to Section 8(e) and to the extent applicable in accordance with Section 3(c), a new Warrant Certificate representing any un-exercised balance. At the written request of Holder's election , in lieu of transmitting certificates to exercise. Holder, the Company may credit the account of Holder’s prime broker with The Depository Trust Company. (c) If this any Warrant should shall be exercised in part only, the Company shall, upon surrender of this the Warrant Certificate for cancellation, execute and deliver a new Warrant Certificate evidencing the right of the Holder to purchase the balance of the Shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at will not close its stockholder books or records in any manner which prevents the time of each timely exercise of this a Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the Holder all rights to which the Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the Holder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Endeavour International Corp)

Stock Ownership; Stock Certificates; Partial Exercise. (a) Upon each exercise of this a Warrant, the (x) Holder shall be deemed to be the holder Holder of record of the Shares of Common Stock issuable upon such exerciseexercise and (y) such Shares shall be deemed to have been issued as of the close of business on the day the Warrant is exercised in accordance with Section 2 above, notwithstanding that the stock transfer books of the Company shall then be closed or certificates representing such Shares shall not then have been actually delivered to the Holder. . (b) As soon as possible after each such exercise of this a Warrant, but in any event within three (3) Trading Days after such exercise, the Company shall at its expense issue and deliver to the Holder a certificate or certificates for the Shares (or Cashless Exercise Shares, as the case may be) issuable upon such exercise issued in such denominations as may be specified by Holder in the Holder Exercise Notice or Cashless Exercise Notice, as applicable, and registered in the name of the Holder or, subject to Section 911(b), such other name or names as shall be designated in Holder’s Exercise Notice or Cashless Exercise Notice, as applicable, along with cash in lieu of any fractional shares pursuant to Section 8(e) and to the extent applicable in accordance with Section 3(c), a new Warrant Certificate representing any un-exercised balance. At the written request of Holder's election , in lieu of transmitting certificates to exercise. Holder, the Company may credit the account of Holder’s prime broker with The Depository Trust Company. (c) If this any Warrant should shall be exercised in part only, the Company shall, upon surrender of this the Warrant Certificate for cancellation, execute and deliver a new Warrant Certificate evidencing the right of the Holder to purchase the balance of the Shares subject to purchase hereunder on the terms and conditions set forth herein (including all changes and adjustments that have occurred hereunder). The Company will, at will not close its 5 stockholder books or records in any manner which prevents the time of each timely exercise of this a Warrant, upon the request of the Holder hereof, acknowledge in writing its continuing obligation to afford to the Holder all rights to which the Holder shall continue to be entitled after such exercise in accordance with the terms of this Warrant; provided, however, that if the Holder of this Warrant shall fail to make any such request, such failure shall not affect the continuing obligation of the Company to afford such rights to the Holder.

Appears in 1 contract

Samples: Warrant Agreement (Endeavour International Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!