Warrant Delivery. On each Common Share purchase closing date, the Company will deliver to the Buyer a Warrant, pursuant to which the Buyer shall have the right to acquire up to that number of Warrant Common Shares equivalent to the number of shares of Common Stock purchased on a one-for-one basis at each closing, duly executed on behalf of the Company and registered in the name of the Buyer or its designee. The Warrant Common Shares shall be subject to a Registration Rights Agreement, substantially in the form set forth on Appendix A to the Warrant agreement (the “Registration Rights”). Subject to registration of the Warrant Common Shares underlying the Warrants and the Buyer’s exercise of the respective portion of the Warrants, the procedures set forth in Section 1(d) shall be followed.
Warrant Delivery. The duly executed Warrant shall be delivered by hand to Purchaser as Purchaser instructs in writing on the Warrant Issuance Date (which may or may not occur on the Closing Date). Unless the Warrant is delivered on the Closing Date, the delivery of the Warrant shall be separate and independent from the deliveries on the Closing Date, and the delivery of the Warrant shall be effective regardless of whether such other deliveries are made, other than as set forth in Section 16(d) hereof."
Warrant Delivery. The Company acknowledges and agrees that, with respect to any notice(s) of exercise or election to purchase delivered by a Holder (as defined in the Pre-Funded Warrants) on or prior to 12:00 p.m. (New York City time) on the Closing Date or on each Option Closing Date, as applicable, which notice(s) or election(s) may be delivered at any time after the time of execution of this Agreement, the Company shall deliver the Warrant Shares, subject to such notice(s) to the Holder by 4:00 p.m. (New York City time) on the Closing Date or on each Option Closing Date, as applicable. The Company acknowledges and agrees that the Holders are third-party beneficiaries of this covenant of the Company.
Warrant Delivery. The duly executed Warrants shall be delivered by hand to Purchaser as Purchaser instructs in writing on the earlier to occur of (x) the Initial Investment Closing Date or (y) any Later Investment Closing Date. The delivery of the Warrants shall be deemed to occur simultaneously with the deliveries on such Initial Investment Closing Date or Later Investment Closing Date, as the case may be, as part of a single transaction, and no delivery shall be deemed to have been made until all such deliveries have been made.
Warrant Delivery. The Borrower shall deliver a Warrant for each Lender, duly executed by the Borrower, to the Administrative Agent no later than 14 calendar days following the Second Amendment Effective Date. Failure to deliver such Warrants during such period shall constitute an Event of Default under the Credit Agreement.
Warrant Delivery. The Representative shall have received electronic copies of the Pre-Funded Warrants executed by the Company. All such opinions, certificates, letters and other documents will be in compliance with the provisions hereof only if they are reasonably satisfactory in form and substance to you and counsel for the Underwriters. The Company will furnish you with such conformed copies of such opinions, certificates, letters and other documents as you shall reasonably request.
Warrant Delivery. In consideration for agreeing to the terms of this Agreement and in consideration of the payment of $0.125 per whole Warrant Share issuable upon exercise in full of the Warrant, payable at the time of such issuance, then, on the earlier of (a) the termination of this Agreement pursuant to Section 7 and (b) the 12 month anniversary of the date hereof, the Company shall deliver to the Purchaser, or any Affiliate or assignee of the Purchaser, a certificate evidencing a Warrant, registered in the name of the Purchaser and such Warrant shall be issued pursuant to the Registration Statement, if then available, to purchase up to 15% of the number of Draw Down Shares issued under this Agreement prior to the date of issuance, with an exercise price equal to the greater of (x) the Closing Price establishing the per share Purchase Price for each respective Draw Down (in the event that some of the exercise prices are based on this clause (x), a schedule of such prices shall be attached to the Warrant) and (y) the Closing Price on the date of issuance of the Warrant, subject to adjustment therein; provided, however, in lieu of delivering such Warrant on such date, the Company shall have the option to pay cash to the Purchaser in an amount equal to the Black Scholes Value of such Warrants that would otherwise have been issued if not for payment in cash. The Black Scholes Value shall be calculated pursuant to the formula set forth in Exhibit C.
Warrant Delivery. The duly executed Warrants shall be delivered by hand to Purchaser as Purchaser instructs in writing on the earlier to occur of (x) the Supplemental Initial Investment Closing Date or (y) any Later Investment Closing Date. The delivery of the Warrants shall be deemed to occur simultaneously with the deliveries on such Supplemental Initial Investment Closing Date or Later Investment Closing Date, as the case may be, as part of a single transaction, and no delivery shall be deemed to have been made until all such deliveries have been made. The parties acknowledge and agree that the Company previously delivered certain warrants (the "Initial Warrants") to Purchaser as instructed by Purchaser in connection with the Initial Investment Closing. Purchaser shall cause the Initial Warrants to be returned to the Company, and the Company shall cancel such Initial Warrants, upon receipt of the duly executed Warrants by Purchaser, or Purchaser's designated custodian.
Warrant Delivery. The Underwriter shall have received electronic copies of the Pre-Funded Warrants executed by the Company. All opinions, letters, evidence and certificates mentioned above or elsewhere in this Agreement shall be deemed to be in compliance with the provisions hereof only if they are in form and substance reasonably satisfactory to counsel for the Underwriter.
