Common use of Warrant Coverage Clause in Contracts

Warrant Coverage. The Company shall issue to Wxxxxxxxxx or its designees at each Closing, warrants (the “Wxxxxxxxxx Warrants”) to purchase that number of common shares of the Company equal to 7.00% of the aggregate number of common shares (or common share equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of common shares underlying such “greenshoe” or “additional investment” component, with the Wxxxxxxxxx Warrants issuable upon the exercise of such component). The Wxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to Wxxxxxxxxx, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the Wxxxxxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Wxxxxxxxxx Warrants shall have an exercise price equal to 125% of the Offering Price.

Appears in 2 contracts

Samples: Exclusive Agency Agreement (Aeterna Zentaris Inc.), Exclusive Agency Agreement (Aeterna Zentaris Inc.)

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Warrant Coverage. The Company shall issue to Wxxxxxxxxx Xxxxxx, or its designees at each Closing, unregistered warrants (the “Wxxxxxxxxx Xxxxxx Warrants”) to purchase that number of shares of common shares stock of the Company equal to 7.006% of the aggregate number of common shares (or common share equivalent, if applicable) of Common Stock placed by Xxxxxx in each Offering (and if an the Offering includes a “greenshoe” or “additional investment” option component, such number shares of common shares Common Stock underlying such “greenshoe” or “additional investment” component, with the Wxxxxxxxxx Warrants issuable upon the exercise of such componentoptions shall not be included). The Wxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to Wxxxxxxxxx, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the Wxxxxxxxxx Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Wxxxxxxxxx the Xxxxxx Warrants shall have an exercise price equal to 125% of the per share Offering Priceprice. The Xxxxxx Warrants shall not have any provisions requiring 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 Xxxxxx and the Company, have a term of 5 years and an exercise price equal to 125% of the per share Offering price.

Appears in 2 contracts

Samples: Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.), Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.)

Warrant Coverage. The Company shall issue to Wxxxxxxxxx Rxxxxx or its designees at each Closing, warrants (the “Wxxxxxxxxx Rxxxxx Warrants”) to purchase that number of shares of common shares stock of the Company equal to 7.005% of the aggregate number of common shares (or common share equivalent, if applicable) of Common Stock placed in each Offering (and if an Offering includes the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of common shares of Common Stock underlying such “greenshoe” Securities or “additional investment” componentoptions, with the Wxxxxxxxxx Warrants warrant issuable upon conversion of the Securities or the exercise of such componentthe option). The Wxxxxxxxxx If the Securities included in an Offering are non-convertible, the Rxxxxx Warrants shall be determined by dividing the gross proceeds raised in a customary form reasonably acceptable to Wxxxxxxxxx, have a term of five (5) years and an exercise such Offering divided by the then market price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering (such price, the “Offering Price”)Common Stock. If warrants are issued to investors in an Offering, the Wxxxxxxxxx The Rxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Wxxxxxxxxx Warrants Rxxxxx Warrant shall have an exercise price equal to 125% of the Offering Pricepublic offering price per share in the applicable Offering. If no warrants are issued to investors in an Offering, the Rxxxxx Warrants shall be in a customary form reasonably acceptable to the Company and to Rxxxxx, have a term of 5 years and an exercise price equal to 125% of the then market price of the Common Stock.

Appears in 1 contract

Samples: Exclusive Agency Agreement (NeuroMetrix, Inc.)

Warrant Coverage. The Company shall issue to Wxxxxxxxxx Xxxxxxxxxx, or its designees at each Closing, warrants (the “Wxxxxxxxxx Xxxxxxxxxx Warrants”) to purchase that number of shares of common shares stock of the Company (“Common Stock”) equal to 7.006% of the aggregate number of common shares (of Common Stock or common share equivalentpre-funded warrants, if applicable) , placed by Xxxxxxxxxx in each Offering (and if an the Offering includes a “greenshoe” or “additional investment” option component, such number shares of common shares Common Stock underlying such “greenshoe” or “additional investment” component, with the Wxxxxxxxxx Warrants issuable option shall be included only upon the exercise of such componentoption). The Wxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to Wxxxxxxxxx, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the Wxxxxxxxxx Xxxxxxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Wxxxxxxxxx the Xxxxxxxxxx Warrants shall have an exercise price equal to 125% of the per share Offering Priceprice. If no warrants are issued to investors in an Offering, the Xxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxxxxxx and the Company, have a term of 5 years and an exercise price equal to 125% of the per share Offering price.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.)

Warrant Coverage. The Company shall issue to Wxxxxxxxxx Xxxxxxxxxx or its designees at each ClosingQualified Offering, warrants (the “Wxxxxxxxxx Xxxxxxxxxx Warrants”) to purchase that number of shares of common shares stock of the Company equal to 7.003% of the aggregate number of common shares (or common share equivalent, if applicable) of Common Stock placed in each Offering (and if Qualified Offering, including any shares placed through an Offering includes a overallotment option or “greenshoe.or “additional investment” componentIf the Securities issued in the initial Qualified Offering are convertible into shares of Common Stock, such number shares of common shares Common Stock underlying such “greenshoe” or “additional investment” component, with Securities shall form the Wxxxxxxxxx Warrants issuable basis upon the exercise of such componentwhich warrant coverage is calculated). The Wxxxxxxxxx Xxxxxxxxxx Warrants shall have the same exercise price and exercise term as the warrants issued to investors in the applicable Qualified Offering, and will otherwise be limited to customary terms that address stock splits, but will not include any anti-dilution adjustments. If no warrants are issued to investors in a customary form reasonably acceptable to WxxxxxxxxxQualified Offering, the Xxxxxxxxxx Warrants shall, have a term of five (5) 5 years and an exercise price equal to 125% of the offering then market price per share (or unit, if applicable) in the applicable Offering (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the Wxxxxxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Wxxxxxxxxx Warrants shall have an exercise price equal to 125% of the Offering PriceCommon Stock, as well as other customary terms and the terms identified above.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Cleveland Biolabs Inc)

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Warrant Coverage. The Company shall issue to Wxxxxxxxxx Xxxxxxxxxx, or its designees at each Closing, unregistered warrants (the “Wxxxxxxxxx Xxxxxxxxxx Warrants”) to purchase that number of shares of common shares stock of the Company equal to 7.006% of the aggregate number of common shares (or common share equivalent, if applicable) of Common Stock placed by Xxxxxxxxxx in each Offering (and if an the Offering includes a “greenshoe” or “additional investment” option component, such number shares of common shares Common Stock underlying such “greenshoe” or “additional investment” component, with the Wxxxxxxxxx Warrants issuable upon the exercise of such componentoptions shall not be included). The Wxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to Wxxxxxxxxx, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the Wxxxxxxxxx Xxxxxxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Wxxxxxxxxx the Xxxxxxxxxx Warrants shall have an exercise price equal to 125% of the per share Offering Priceprice. The Xxxxxxxxxx Warrants shall not have any provisions requiring registration of the shares underlying the Xxxxxxxxxx Warrants. If no warrants are issued to investors in an Offering, the Xxxxxxxxxx Warrants shall be in a customary form reasonably acceptable to Xxxxxxxxxx and the Company, have a term of 5 years and an exercise price equal to 125% of the per share Offering price.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Rexahn Pharmaceuticals, Inc.)

Warrant Coverage. The Company shall issue to Wxxxxxxxxx Xxxxxx or its designees at each Closing, warrants (the “Wxxxxxxxxx Xxxxxx Warrants”) to purchase that number of common ordinary shares of the Company equal to 7.007% of the aggregate number of common ordinary shares (or common share equivalent, if applicable) placed in each Offering (and if an Offering includes the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of common ordinary shares underlying such “greenshoe” Securities or “additional investment” componentoptions, with the Wxxxxxxxxx Warrants warrant issuable upon conversion of the Securities or the exercise of such componentthe option). The Wxxxxxxxxx If the Securities included in an Offering are non-convertible, the Xxxxxx Warrants shall be determined by dividing the gross proceeds raised in a customary form reasonably acceptable to Wxxxxxxxxx, have a term of five (5) years and an exercise such Offering from investors divided by the then market price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering (such price, the “Offering Price”)Company’s ordinary shares. If warrants are issued to investors in an Offering, the Wxxxxxxxxx The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Wxxxxxxxxx Warrants Xxxxxx Warrant shall have an exercise price equal to 125% of the Offering Pricepublic 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 125% of the then market price of the Company’s ordinary shares.

Appears in 1 contract

Samples: Exclusive Agency Agreement (Medigus Ltd.)

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