Common use of Terms of Warrants Clause in Contracts

Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Share upon payment of the Exercise Price. (2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Shares. Any fractional Warrant shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional share. (3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (4) The number of Warrant Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1. (5) If at any time after the date that is six (6) months from the Issue Date, the closing price of the Common Shares on the TSXV is equal to or greater than $0.75 per Common Share for a period of 20 consecutive trading days, the Corporation shall, at its option, be entitled to exercise the Acceleration Right by delivering an Acceleration Notice to the Registered Warrantholders in the manner set forth in Section 10.2. After the Expiry Date specified in such Acceleration Notice, no Warrants may be issued or exercised, and all Warrants shall be void and of no effect following the new Expiry Date. (6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Warrant Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Warrant Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Warrant Shares are delivered pursuant to the exercise of any Warrant.

Appears in 1 contract

Samples: Warrant Indenture

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Terms of Warrants. (1a) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1, each Warrant shall entitle each Warrantholder holder thereof, upon the exercise thereof at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Subordinate Voting Share upon payment to the Corporation of the Exercise Price. (2b) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Subordinate Voting Shares. Any fractional Warrant Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional sharenumber. (3c) Each Warrant shall entitle the holder thereof to only such other rights and privileges as are set forth in this Indenture. (4d) The number of Warrant Subordinate Voting Shares which that may be purchased pursuant to the Warrants Warrants, and the Exercise Price therefor therefor, shall be adjusted upon the events and in the manner specified in Section 4.1. (5e) If at any time after following the date that is six (6) months from the Issue Closing Date, the closing price of the Common Subordinate Voting Shares on the TSXV Canadian Securities Exchange, or if not then traded on the Canadian Securities Exchange, on the principal stock exchange in Canada on which such Subordinate Voting Shares trade, is equal to higher than the Warrant Acceleration Threshold Price for 10 or greater than $0.75 per Common Share for a period of 20 more consecutive trading days, the Corporation shall, at its option, be entitled to exercise the Acceleration Right by delivering an Acceleration Notice to the Registered Warrantholders in the manner set forth in Section 10.2. After Company may accelerate the Expiry Date specified of the Warrants by providing notice in writing to the Holders of such Acceleration Noticeacceleration, no in which event the Warrants may be issued or exercised, and all Warrants shall be void and of no effect will expire on the date which is 30 days following the new Expiry Date. (6) Neither date of such notice. Concurrent with the Corporation nor delivery of the notice of such acceleration to Holders contemplated hereunder, the Company shall also provide such notice to the Warrant Agent shall have any obligation to deliver Warrant Shares upon and issue a news release announcing the exercise acceleration of any Warrant if the person to whom such shares are to be delivered is a resident Expiry Date of a country or political subdivision thereof in which the Warrant Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Warrant Shares are delivered pursuant to the exercise of any WarrantWarrants.

Appears in 1 contract

Samples: Warrant Indenture (Harvest Health & Recreation Inc.)

Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Common Share upon payment of the Exercise Price. (2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Common Shares. Any fractional Warrant Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional shareWarrant. (3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (4) The number of Warrant Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1. (5) If at any time after the date that is six (6) months from the Issue Date, the closing price of the Common Shares on the TSXV is equal to or greater than $0.75 per Common Share for a period of 20 consecutive trading days, the Corporation shall, at its option, be entitled to exercise the Acceleration Right by delivering an Acceleration Notice to the Registered Warrantholders in the manner set forth in Section 10.2. After the Expiry Date specified in such Acceleration Notice, no Warrants may be issued or exercised, and all Warrants shall be void and of no effect following the new Expiry Date. (6) Neither the Corporation Company nor the Warrant Agent shall have any obligation to deliver Warrant Common Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Warrant Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation Company or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation Company and Warrant Agent before Warrant Common Shares are delivered pursuant to the exercise of any Warrant. (6) If, at any time prior to the expiry date of the Warrants, the volume weighted average trading price of the Common Shares on the Canadian Securities Exchange, or other principal exchange on which the Common Shares are listed, is greater than $3.10 for 20 consecutive trading days, the Company may, within 10 business days of the occurrence of such event, deliver a notice to the holders of Warrants accelerating the expiry date of the Warrants to the date that is 30 days following the date of such notice (the “Accelerated Exercise Period”). Any unexercised Warrants shall automatically expire at the end of the Accelerated Exercise Period.

Appears in 1 contract

Samples: Warrant Indenture

Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Share upon payment of the Exercise Price. (2) No fractional Warrants Warrant Shares shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Shares. Any fractional Warrant Shares shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional shareWarrant Share which is not issued. (3) Each whole Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (4) The number of Warrant Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1. (5) If at any time after the date that is six (6) months from the Issue Date, the closing price of the Common Shares on the TSXV is equal to or greater than $0.75 per Common Share for a period of 20 consecutive trading days, the Corporation shall, at its option, be entitled to exercise the Acceleration Right by delivering an Acceleration Notice to the Registered Warrantholders in the manner set forth in Section 10.2. After the Expiry Date specified in such Acceleration Notice, no Warrants may be issued or exercised, and all Warrants shall be void and of no effect following the new Expiry Date. (6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Warrant Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Warrant Shares may not lawfully be issued pursuant to applicable securities legislationApplicable Legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation Applicable Legislation to the Corporation and Warrant Agent before Warrant Shares are delivered pursuant to the exercise of any Warrant. (6) If, at any time prior to the expiry date of the Warrants, the daily volume weighted average of actual trading prices during normal trading hours of the Common Shares on the TSXV, or other principal exchange on which the Common Shares are listed, is greater than $1.10 per Common Share for 20 consecutive trading days, the Corporation may, within ten business days of the occurrence of such event, deliver a notice to the holders of Warrants accelerating the expiry date of the Warrants (the “Acceleration Right”) to the date that is 30 days following the date of such notice (the “Accelerated Exercise Period”). Any unexercised Warrants shall automatically expire at the end of the Accelerated Exercise Period.

Appears in 1 contract

Samples: Warrant Indenture

Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1, 4.1 each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Common Share upon payment of the Exercise Price. (2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Common Shares. Any fractional Warrant Common Shares shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional shareCommon Share which is not issued. (3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (4) The number of Warrant Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1. (5) If at any time after the date that is six (6) months from the Issue Date, the closing price of the Common Shares on the TSXV is equal to or greater than $0.75 per Common Share for a period of 20 consecutive trading days, the Corporation shall, at its option, be entitled to exercise the Acceleration Right by delivering an Acceleration Notice to the Registered Warrantholders in the manner set forth in Section 10.2. After the Expiry Date specified in such Acceleration Notice, no Warrants may be issued or exercised, and all Warrants shall be void and of no effect following the new Expiry Date. (6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Warrant Common Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Warrant Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Warrant Common Shares are delivered pursuant to the exercise of any Warrant. (6) If at any time prior to the Expiry Date, the daily volume-weighted average trading price of the Common Shares shall exceed $1.00 for the preceding ten (10) consecutive Trading Days, the Corporation may exercise the Acceleration Right by, within 15 days of such event, delivering an Acceleration Notice to the Warrantholders whereupon the Warrants will expire on the date specified in the Acceleration Notice which shall not be earlier than the 30th calendar day after the date of such Acceleration Notice. An Acceleration Notice shall be delivered to each Warrantholder pursuant to a press release issued by the Corporation and in the manner described in Section 10.2.

Appears in 1 contract

Samples: Warrant Indenture

Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1herewith, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Share upon payment of the Exercise Price. (2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Shares. Any fractional Warrant Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional shareWarrant. (3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (4) In the event the common shares of the Corporation trade on an exchange for ten (10) or more consecutive days at a price of $0.50 or greater, the Corporation shall provide notice to Warrantholders in the form of a press release or exchange bulletin requiring that the Warrants be exercised within 30 days of the date of such notice, failing which the Warrants shall immediately thereafter expire, then the Expiry Time shall be accelerated to 5:00 p.m. (Vancouver time) on the 30th day of the date of such notice. (5) The Corporation acknowledges that it shall monitor the price of its common shares, which are as of the date of this Warrant Indenture traded on the CSE. In the event the acceleration is triggered the Corporation shall forthwith provide the CSE with written notice that the acceleration has been triggered which may be in the form of a press release or exchange bulletin. (6) The number of Warrant Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1. (5) If at any time after the date that is six (6) months from the Issue Date, the closing price of the Common Shares on the TSXV is equal to or greater than $0.75 per Common Share for a period of 20 consecutive trading days, the Corporation shall, at its option, be entitled to exercise the Acceleration Right by delivering an Acceleration Notice to the Registered Warrantholders in the manner set forth in Section 10.2. After the Expiry Date specified in such Acceleration Notice, no Warrants may be issued or exercised, and all Warrants shall be void and of no effect following the new Expiry Date. (67) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Warrant Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Warrant Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such applicable securities legislation to the Corporation and Warrant Agent before Warrant Shares are delivered pursuant to the exercise of any Warrant.

Appears in 1 contract

Samples: Warrant Indenture

Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1Article 4, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Share upon payment of the Exercise Price. (2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Shares. Any fractional Warrant Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional shareWarrant. (3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (4) The number of Warrant Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1Article 4. (5) If at any time after the date that is six (6) months from following the Issue Date, the closing price daily volume-weighted average Trading Price of the Common Shares on the TSXV TSX (or if the Common Shares are not listed on the TSX, then on such other recognized Canadian stock exchange on which the Common Shares are then listed) is equal to or greater than $0.75 18.00 per Common Share for a period of 20 10 consecutive trading daysTrading Days (“Early Expiry Event”), the Corporation shallshall be entitled, at its optionthe sole option of the Corporation, to accelerate the Expiry Date to a date specified in an Acceleration Notice, which date shall be entitled to exercise no less than 15 Trading Days following the Acceleration Right by delivering date of delivery of an Acceleration Notice to the Registered Warrantholders (the “Acceleration Right”), such Acceleration Notice to be sent within five (5) Business Days following the Early Expiry Event. An Acceleration Notice shall be delivered to each Warrantholder in the manner set forth out in Section 10.2. After the Expiry Date specified in such Acceleration Notice, no Warrants may be issued or exercised, and all Warrants shall be void and of no effect following the new Expiry Date. (6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Warrant Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Warrant Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Warrant Shares are delivered pursuant to the exercise of any Warrant.;

Appears in 1 contract

Samples: Warrant Indenture (CannTrust Holdings Inc.)

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Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1, each whole Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Common Share upon payment of the Exercise Price. (2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Common Shares. Any fractional Warrant Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional shareWarrant. (3) Each whole Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (4) The number of Warrant Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1.4.1.‌ (5) If at any time after the date that is six (6) months from the Issue Date, the closing volume weighted average trading price of the Common Shares on the TSXV is shall equal to or greater than exceed $0.75 per Common Share 1.50 for a period of 20 ten consecutive trading Trading Days (whether or not a trade occurs on one or more of such days), the Corporation shallCompany shall be entitled, at its optionthe option of the Company, be entitled to exercise the Acceleration Right by delivering disseminating an Acceleration Notice to the Registered Warrantholders in the manner set forth in Section 10.2News Release. After the Expiry Date specified in such An Acceleration Notice, no Warrants may be issued or exercised, and all Warrants News Release shall be void and of no effect following deemed to be delivered to each Registered Warrantholder on the new Expiry Datedate that the Company disseminates the Acceleration News Release announcing that the Company is exercising its Acceleration Right. (6) Neither the Corporation Company nor the Warrant Agent shall have any obligation to deliver Warrant Common Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Warrant Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation Company or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation Company and Warrant Agent before Warrant Common Shares are delivered pursuant to the exercise of any Warrant. (7) The Company covenants with the Warrant Agent that, upon the Company disseminating an Acceleration News Release, the Company shall promptly provide written notice to the Warrant Agent of the dissemination of the Acceleration News Release, and such notice shall include a copy of the Acceleration News Release.

Appears in 1 contract

Samples: Warrant Indenture

Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1Article 4, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Common Share upon payment of the Exercise Price. (2) The Warrants shall be subject to acceleration in the event that the volume weighted average price at which the Common Shares trade on the CSE (or any such other stock exchange in Canada as the Common Shares may trade at the applicable time) is at or above a price of $0.30 per Common Share for a period of 20 consecutive trading days at any time following the date that is four months and one day after the date of issuance, and in such event, the Corporation may accelerate the Warrant Term (the “Reduced Warrant Term”) such that the Warrants shall expire on the date which is 30 days following the date the Corporation issues a written notice of such acceleration to the Warrantholders and the Warrant Agent (the “Acceleration Notice”), which Acceleration Notice shall be supplemented by a press release (the “Acceleration Press Release”), issued by the Corporation concurrently with the delivery of such Acceleration Notice, specifying the new Expiry Date. Following the new Expiry Date specified in such Acceleration Notice and the Acceleration Press Release, no Warrants may be issued or exercised pursuant to this Indenture, and all unexercised Warrants shall be void and of no effect. (3) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Common Shares. Any fractional Warrant Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional sharenumber. (34) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (45) The number of Warrant Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1Article 4. (5) If at any time after the date that is six (6) months from the Issue Date, the closing price of the Common Shares on the TSXV is equal to or greater than $0.75 per Common Share for a period of 20 consecutive trading days, the Corporation shall, at its option, be entitled to exercise the Acceleration Right by delivering an Acceleration Notice to the Registered Warrantholders in the manner set forth in Section 10.2. After the Expiry Date specified in such Acceleration Notice, no Warrants may be issued or exercised, and all Warrants shall be void and of no effect following the new Expiry Date. (6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Warrant Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Warrant Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Warrant Shares are delivered pursuant to the exercise of any Warrant.

Appears in 1 contract

Samples: Warrant Indenture

Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1herewith, each whole Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Common Share upon payment of the Exercise Price. (2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Common Shares. Any fractional Warrant Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional shareWarrant. (3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (4) The number of Warrant Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1. (5) If Notwithstanding any other provisions herein, if at any time after the date that is six (6) months from Listing Date and prior to the Issue Expiry Date, the closing price of the Common Shares on the TSXV is equal to (or greater than if the Common Shares are not listed on the TSXV, then on such other recognized Canadian stock exchange on which the Common Shares are then listed) equals or exceeds $0.75 0.40 per Common Share for a period of 20 (such price being subject to adjustment in accordance with Article 4) over any 10 consecutive trading daysTrading Days, the Corporation shallshall be entitled, at its optionwithin 10 Business Days following such 10 consecutive Trading Day period, be entitled to accelerate the exercise period of the Acceleration Right Warrants to a date that is no earlier than the 30th day following the date that notice of such acceleration is delivered by delivering an Acceleration Notice the Corporation to the Registered Warrantholders in and the manner set forth in Section 10.2Warrant Agent by way of a press release issued by the Corporation (the “Warrant Acceleration Press Release”), which shall specify the new Expiry Date. After No Warrants may be issued or exercised after the new Expiry Date specified in such Warrant Acceleration Notice, no Warrants may be issued or exercisedPress Release and the press release, and all unexercised Warrants shall be void and of no effect following the new Expiry Date. (6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Warrant Common Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Warrant Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Warrant Common Shares are delivered pursuant to the exercise of any Warrant.

Appears in 1 contract

Samples: Warrant Indenture

Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1, 4.1 each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Warrant Common Share upon payment of the Exercise Price. (2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Warrant Common Shares. Any fractional Warrant Common Shares shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional shareCommon Share which is not issued. (3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (4) The number of Warrant Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1. (5) If at any time after the date that is six (6) months from the Issue Date, the closing price of the Common Shares on the TSXV is equal to or greater than $0.75 per Common Share for a period of 20 consecutive trading days, the Corporation shall, at its option, be entitled to exercise the Acceleration Right by delivering an Acceleration Notice to the Registered Warrantholders in the manner set forth in Section 10.2. After the Expiry Date specified in such Acceleration Notice, no Warrants may be issued or exercised, and all Warrants shall be void and of no effect following the new Expiry Date. (6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Warrant Common Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Warrant Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Warrant Common Shares are delivered pursuant to the exercise of any Warrant. (6) If at any time prior to the Expiry Date, the daily volume-weighted average trading price of the Common Shares shall exceed $1.00 for the preceding ten (10) consecutive Trading Days, the Corporation may exercise the Acceleration Right by, within 15 days of such event, delivering an Acceleration Notice to the Warrantholders whereupon the Warrants will expire on the date specified in the Acceleration Notice which shall not be earlier than the 30th calendar day after the date of such Acceleration Notice. An Acceleration Notice shall be delivered to each Warrantholder pursuant to a press release issued by the Corporation and in the manner described in Section 10.2.

Appears in 1 contract

Samples: Warrant Indenture (Algernon Pharmaceuticals Inc.)

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