Common use of Warrant Issuance Clause in Contracts

Warrant Issuance. For every 100 shares of Common Stock purchased at a Closing the Company will issue to the Purchaser a Warrant entitling the holder to purchase thirty-five (35) shares of the Company's Common Stock at a per share exercise price of $5.64. Each Warrant will be issued as of the Closing and the Company shall deliver the Warrant to the Purchaser as promptly as practicable after the Closing Date; provided, however, that the Purchaser may not exercise the Warrant until six (6) months after the Closing (the "Warrant Determination Date"). The number of Warrant Shares will be permanently reduced on a share-for-share basis by any sales of Company securities (including short sales and sales or purchases of derivative securities) by the Purchaser from the Closing Date until the Warrant Determination Date. As a condition to exercising the Warrant, the Purchaser shall provide to the Company an affidavit and other reasonable supporting materials stating the amount of Company securities sold (including short sales and sales or purchases of derivative securities) from the Closing Date to the Warrant Determination Date. The Warrant is redeemable by the Company at a price of $.01 per Warrant upon notice to the record holder of the Warrant if the weighted average closing price per share of the Common Stock has been at least [200% of the Purchase Price] for a period of ten (10) consecutive trading days ending within five (5) days of the date of the notice of redemption. The Warrant is also subject to a mandatory exchange or termination in the case of certain reorganizations, mergers, or divestitures.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Insite Vision Inc)

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Warrant Issuance. For every 100 shares of Common Stock purchased at a Closing the The Company will issue to the Purchaser a Warrant entitling the holder to purchase thirty-five four (354) shares of the Company's ’s Common Stock at a per share exercise price of $5.641.25 to each Purchaser for every ten (10) shares of the Company’s Common Stock purchased by the Purchaser at the Closing. Each The Warrant will be issued as of the Closing and the Company shall deliver the Warrant to the Purchaser as promptly as practicable after the Closing Date; provided, however, that the Purchaser may not exercise the Warrant until six (6) months after the Closing (the "Warrant Determination Date"). The In accordance with the terms of the Warrant, the number of Warrant Shares subject to purchase will be permanently reduced on a share-for-share basis by any sales the number of shares of Common Stock and other Company securities (including short sales and sales or purchases of derivative securities) sold by the Purchaser from the Closing Date until and including the Warrant Determination Date. As a condition to exercising the Warrant, the Purchaser shall provide to the Company an affidavit and other reasonable supporting materials stating the amount of Company securities sold (including short sales and sales or purchases purchase of derivative securities) from the Closing Date to until and including the Warrant Determination Date. The Warrant is redeemable by the Company at a price of $.01 0.001 per Warrant Share upon notice to the record holder of the Warrant if the weighted average closing price per share of the Common Stock as reported by the National Association of Securities Dealers Automated Quotations (“NASDAQ”) or the OTC Bulletin Board has been at least [200% of the Purchase Price] $1.70 for a period of ten fifteen (1015) consecutive trading days ending within five (5) business days of the date of the notice of redemptionredemption is given in accordance with Section 6.6. The Warrant is also subject to a mandatory exchange or termination in the case of certain reorganizations, mergers, or divestitures.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Cardima Inc)

Warrant Issuance. For every 100 shares of Common Stock purchased at a Closing the The Company will issue to each Purchaser or, subject to compliance by the Warrant Purchaser with Section 7 of the Purchase Agreement, agree to issue to the Warrant Purchaser a Warrant entitling the holder to purchase thirty-five nine (359) shares of the Company's ’s Common Stock at a per share exercise price of $5.640.8245 (which shall be equal to 110% of Purchase Price) for every twenty (20) shares of the Company’s Common Stock purchased by such Purchaser at the Closing. Each The Warrant will be issued as of the Closing and the Company shall deliver the Warrant to the Purchaser as promptly as practicable after the Closing Date; provided, however, that the Purchaser may not exercise the Warrant until six the date which is two (62) months after the Closing (the "Warrant Determination Date"). The In accordance with the terms of the Warrant, the number of Warrant Shares subject to purchase will be permanently reduced on a share-for-share basis by any sales the number of shares of Common Stock and other Company securities (including short sales and sales or purchases of derivative securities) sold by the Purchaser from the Closing Date until and including the Warrant Determination Date. As a condition to exercising the Warrant, the Purchaser shall provide to the Company an affidavit and other reasonable supporting materials stating the amount of Company securities sold by such Purchaser (including short sales and sales or purchases purchase of derivative securities) from the Closing Date to until and including the Warrant Determination Date. The Warrant also is redeemable by the Company at a price of $.01 per Warrant upon notice to the record holder of the Warrant if the weighted average closing price per share of the Common Stock has been at least [200% of the Purchase Price] for a period of ten (10) consecutive trading days ending within five (5) days of the date of the notice of redemption. The Warrant is also subject to a mandatory exchange or termination in the case of certain reorganizations, mergers, or divestitures.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Cardima Inc)

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Warrant Issuance. For every 100 shares of Common Stock purchased at a Closing the The Company will issue to the Purchaser a Warrant entitling the holder to purchase thirty-five one ---------------- (351) shares share of the Company's Common Stock at a per share exercise price of $5.64[___][which shall be 150% of Purchase Price] to each Purchaser for every two (2) shares of the Company's Common Stock purchased by the Purchaser at the Closing. Each The Warrant will be issued as of the Closing and the Company shall deliver the Warrant to the Purchaser as promptly as practicable after the Closing Date; provided, however, that the Purchaser may not exercise the Warrant -------- ------- until six (6) months after the Closing (the "Warrant Determination Date"). The number of Warrant Shares will be permanently reduced on a share-for-share basis by any sales of Company securities (including short sales and sales or purchases of derivative securities) by the Purchaser from the Closing Date until the Warrant Determination Date. As a condition to exercising the Warrant, the Purchaser shall provide to the Company an affidavit and other reasonable supporting materials stating the amount of Company securities sold (including short sales and sales or purchases purchase of derivative securities) from the Closing Date to the Warrant Determination Date. The Warrant is redeemable by the Company at a price of $.01 0.001 per Warrant Share upon notice to the record holder of the Warrant if the weighted average closing price per share of the Common Stock as reported by the National Association of Securities Dealers Automated Quotations ("NASDAQ") or the OTC Bulletin Board has been at least $____ [which shall be 200% of the Purchase Price] for a period of ten fifteen (1015) consecutive trading days ending within five (5) business days of the date of the notice of redemption. The Warrant is also subject to a mandatory exchange or termination in the case of certain reorganizations, mergers, or divestitures.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Cardima Inc)

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