Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.
Appears in 3 contracts
Samples: Exclusive Agency Agreement (Cancer Genetics, Inc), Exclusive Agency Agreement (Cancer Genetics, Inc), Exclusive Agency Agreement (Cel Sci Corp)
Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.
Appears in 2 contracts
Samples: Exclusive Agency Agreement (Evoke Pharma Inc), Exclusive Agency Agreement (Evoke Pharma Inc)
Warrant Coverage. The Company shall issue to Xxxxxx Xxxxxxxxxx or its designees at each Closing, warrants (the “Xxxxxx Xxxxxxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 54% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option componentconvertible, such shares of Common Stock underlying such Securities or optionsSecurities). If the Securities included in an Offering are non-convertible, the Xxxxxx Xxxxxxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Xxxxxxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Xxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxXxxxxxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.
Appears in 2 contracts
Samples: Exclusive Agency Agreement (Novogen LTD), Exclusive Agency Agreement (Novogen LTD)
Warrant Coverage. The Company shall issue to Xxxxxx Wxxxxxxxxx or its designees at each Closing, warrants (the “Xxxxxx Wxxxxxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Wxxxxxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Wxxxxxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Wxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxWxxxxxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.
Appears in 2 contracts
Samples: Exclusive Agency Agreement (Tapimmune Inc), Exclusive Agency Agreement (Tapimmune Inc)
Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed by Xxxxxx in each Offering (if the Securities are convertible or include Offering includes a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or optionsoptions shall not be included). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have an exercise price equal to 125% of the per share equivalent in the Offering and shall not have any provisions relating to registration of the shares underlying the Xxxxxx Warrants. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxXxxxxx and the Company, have a term of 5 years and an exercise price equal to 110125% of the then market price of per share equivalent in the Common StockOffering.
Appears in 2 contracts
Samples: Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.), Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.)
Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “"Xxxxxx Warrants”") to purchase that number of shares of common stock of the Company equal to 58% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “"greenshoe” " or “"additional investment” " option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Oxis International Inc)
Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each the Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.
Appears in 1 contract
Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each the Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each the Offering (and if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of shares of Common Stock underlying such Securities or options). If the Securities included in an the Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such the Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Xxxxxx Warrant shall have an exercise price equal to 125% of the public offering price per share in the Offering. If no warrants are issued to investors in an the Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to the Company and to Xxxxxx, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock.
Appears in 1 contract
Warrant Coverage. The Company shall issue to Xxxxxx Rxxxxx or its designees at each Closing, warrants (the “Xxxxxx Rxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 54% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Rxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Rxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Rxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxRxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.
Appears in 1 contract
Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 55.0% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the Xxxxxx Warrants shall have a term of no greater than 5 years and an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Apricus Biosciences, Inc.)
Warrant Coverage. The Company shall issue to Xxxxxx Xxxxxxxxxx or its designees authorized to receive warrants under FINRA Rule 5110 at each Closing, warrants (the “Xxxxxx Xxxxxxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 56% of the aggregate number of shares of Common Stock placed in each the Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, including such shares of Common Stock underlying such Securities any “greenshoe”, “additional investment” or options“short-term warrant” option component). If the Securities included in an Offering are non-convertibledoes not include any Common Stock, then the Xxxxxx Xxxxxxxxxx Warrants shall be determined by dividing equal to 6% of the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Xxxxxxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except they will have a term of 3 years and have a strike price of 120% of the public offering price per share or share equivalent. If no warrants are issued to investors in an the Offering, the Xxxxxx Xxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxXxxxxxxxxx and the Company, have a term of 5 3 years and an exercise price equal to 110120% of the then market price of the Common Stock.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Avalon Rare Metals Inc.)
Warrant Coverage. The Company shall issue to Xxxxxx Xxxxxxxxxx or its designees at each Closing, warrants (the “Xxxxxx Xxxxxxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 54% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Xxxxxxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Xxxxxxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Xxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxXxxxxxxxxx, have a term of 5 3 years and an exercise price equal to 110(i) $10.00 in connection with the initial Offering only and (ii) 120% of the then market public offering price of the Common StockStock in any other Offering hereunder.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Oramed Pharmaceuticals Inc.)
Warrant Coverage. The Company shall issue to Xxxxxx Xxxxxxxxxx or its designees at each Closing, warrants (the “Xxxxxx "Xxxxxxxxxx Warrants”") to purchase that number of shares of common stock of the Company equal to 57% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “"greenshoe” " or “"additional investment” " option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Xxxxxxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Xxxxxxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Xxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxXxxxxxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.
Appears in 1 contract
Warrant Coverage. The Company shall issue to Xxxxxx Rxxxxx or its designees at each Closing, warrants (the “Xxxxxx Rxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Rxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Rxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Rxxxxx Warrants shall be in a customary form reasonably acceptable to XxxxxxRxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.
Appears in 1 contract
Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “Xxxxxx Warrants”) to purchase that number of shares of common stock of the Company equal to 53 % of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.
Appears in 1 contract
Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “"Xxxxxx Warrants”" ) to purchase that number of shares of common stock of the Company equal to 53% of the aggregate number of shares of Common Stock placed in each Offering (and if the Securities are convertible or include a “"greenshoe” " or “"additional investment” " option component, such number of shares of Common Stock underlying such Securities or options, with the warrant issuable upon conversion of the Securities or the exercise of the option). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Xxxxxx Warrant shall have an exercise price equal to 125% of the public offering price per share in the applicable Offering. If no ne warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock.
Appears in 1 contract
Warrant Coverage. The Company shall issue to Xxxxxx or its designees at each Closing, warrants (the “"Xxxxxx Warrants”") to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (and if the Securities are convertible or include a “"greenshoe” " or “"additional investment” " option component, such number of shares of Common Stock underlying such Securities or options, with the warrant issuable upon conversion of the Securities or the exercise of the option). If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Xxxxxx Warrant shall have an exercise price equal to 125% of the public offering price per share in the applicable Offering. If no warrants are issued to investors in an Offering, the Xxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxx, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock.
Appears in 1 contract