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 eight percent (8%) 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), other than, in a private placement Offering only, shares of Common Stock placed to the Excluded Investors. 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 3 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 (Innovus Pharmaceuticals, Inc.)
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 eight percent (8%) 2.0 % of the aggregate number of shares of Common Stock placed in each Offering, excluding any shares of Common Stock issuable upon exercise of any warrants 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 optionsoptions are excluded), other than, in a private placement Offering only, shares of Common Stock placed to the Excluded Investors. 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 3 5 years and an exercise price equal to 125110% of the then market price of the Common Stock.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Eyegate Pharmaceuticals Inc)
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 eight percent (8%) 5% of the aggregate number of shares of Common Stock 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 common stock underlying such Securities or options), other than, in a private placement Offering only, but not with respect to any shares of Common Stock placed to common stock issuable upon exercise of warrants issued in the Excluded InvestorsOffering). If the Securities included in an the 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 Stockcommon 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 3 5 years and an exercise price equal to 125110% of the then market price of the Common Stockcommon stock.
Appears in 1 contract
Samples: Exclusive Agency Agreement (DelMar 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 eight percent (8%) 10% of the aggregate number of shares of Common Stock placed in each Offering, other than shares issued in any Excluded Offering (if the Securities are convertible or include a any short-term warrant(s), “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options), other than, in a private placement Offering only, shares of Common Stock placed to the Excluded Investors. 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 3 5 years and an exercise price equal to 125110% of the then market price of the Common Stock.
Appears in 1 contract
Samples: Exclusive Agency Agreement (International Stem Cell CORP)
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 eight percent (8%) 5% of the aggregate number of shares of Common Stock 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 common stock underlying such Securities or options), other than, in a private placement Offering only, but not with respect to any shares of Common Stock placed to common stock issuable upon exercise of warrants issued in the Excluded InvestorsOffering). If the Securities included in an the 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 Stockcommon 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 3 5 years and an exercise price equal to 125110% of the then market price of the Common Stockcommon stock.
Appears in 1 contract
Samples: Exclusive Agency Agreement (DelMar 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 eight percent (8%) 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) (reduced to 2.5% with respect to a Reduced Fee Investor), other than, in a private placement Offering only, shares of Common Stock placed to the Excluded Investors. 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 3 5 years and an exercise price equal to 125135% of the then market price of the Common Stock.
Appears in 1 contract
Samples: Exclusive Agency Agreement (Capstone Therapeutics Corp.)