Warrant Rights. The Company covenants and agrees that during the term of this Agreement and so long as any Warrant is outstanding, (a) the Company will at all times have authorized and reserved a sufficient number of shares of Common Stock and Other Securities, to provide for the exercise in full of the rights represented by the Warrants and the exercise in full of the rights of the Holders under the Shareholder Agreement; (b) the Company will not increase or permit to be increased the par value per share or stated capital of the Issuable Warrant Shares or the consideration receivable upon issuance of its Issuable Warrant Shares; and (c) in the event that the exercise of the Warrant would require the payment by the Holder of consideration for the Common Stock or Other Securities receivable upon such exercise of less than the par or stated value of such Issuable Warrant Shares, the Company and the Shareholder will promptly take such action as may be necessary to change the par or stated value of such Issuable Warrant Shares to an amount less than or equal to such consideration.
Warrant Rights. Subject to the approval and filing of the Amended and -------------- Restated Articles, the Company covenants and agrees that, during the term of this Agreement and so long as any Warrant is outstanding, (a) the Company will at all times have authorized and reserved a sufficient number of shares of Common Stock and Other Securities (if any), to provide for the exercise in full of the rights represented by the Warrants and the exercise in full of the rights of the Holders under this Agreement and the Other Agreements, (b) the Company will not increase or permit to be increased the par value per share or stated capital of the Issuable Warrant Shares or the consideration receivable upon issuance of its Issuable Warrant Shares and (c) if the exercise of the Warrant would require the payment by the Holder of consideration for the Common Stock or Other Securities (if any) receivable upon such exercise of less than the par or stated value of such Issuable Warrant Shares, then the Company will promptly take such action as may be necessary to change the par or stated value of such Issuable Warrant Shares to an amount less than or equal to such consideration.
Warrant Rights. With respect to any rights or warrants (the “Rights”) that may be issued or distributed pursuant to any rights plan that the Company implements after the date of this Warrant (a “Rights Plan”), to the extent that such Rights Plan is in effect at an Exercise Date, the Holder will receive, with respect to the Common Stock issued upon such exercise, the Rights described therein (whether or not the Rights have separated from the Common Stock at the time of exercise), subject to the limitations set forth in and in accordance with the provisions of any such Rights Plan. 2.
Warrant Rights. The Holder shall be entitled to receive Warrants to purchase shares of the Borrower’s common stock, as set forth in the Note Purchase Agreement and in Sections 1(b) and 1(c) of this Note (without duplication).
Warrant Rights. Each Warrant shall entitle the Warrant Holder, -------------- upon exercise thereof and payment of the Exercise Price (and any taxes as contemplated in this Agreement) within the period described in Section 2.03, and ------------ subject to the provisions of the Warrant Certificate evidencing such Warrant and this Agreement, including provisions relating to adjustments upon the occurrence of certain events as set forth in Article III hereof, to receive one fully paid ----------- and nonassessable share of Bank Common Stock.
Warrant Rights. The Company will grant the Lender a Common Stock Purchase Warrant (the "Warrant") in the form of Exhibit C hereto that is exercisable into the number --------- of shares of Common Stock equal to the aggregate dollar amount of the Loan (rounded to the nearest dollar) (the "Exercise Shares"). The Warrant shall have an exercise price of $2.00 per share (the "Exercise Price"). The number of Exercise Shares and the Exercise Price shall be subject to adjustment in accordance with the terms of the Warrant. The Warrant shall have a term of five (5) years. Upon exercise of the Warrant, the Lender will have and be entitled to exercise the registration rights granted pursuant to Section 13 of this ---------- Agreement with respect to the shares of Common Stock issued upon exercise of the Warrant.
Warrant Rights. [4.11 Financial Covenants].......................................................... Page Article V Conditions.................................................................................
Warrant Rights the rights of the Holder to purchase shares of Common Stock upon exercise of this Warrant, which rights shall not relate to shares of Common Stock already purchased pursuant to this Warrant. Warrant Shares — shares of Common Stock purchased or purchasable by the Holder of this Warrant upon the exercise hereof.
Warrant Rights. The Company will grant Lender a Common Stock Purchase Warrant (Warrant) pursuant to Exhibit B hereto, that is exercisable into 500,000 shares of Registered Common Stock of the Company (Exercise Shares) at an exercise price of $2.00/share for a period of thirty (30) months from the date of the Warrant (Warrant Period). The warrant period shall not run and shall be stayed during such periods that the Company is a party to any bankruptcy proceeding. The Company undertakes to use its best efforts to provide registered stock upon Lender's exercise in accordance with the provisions of Section 15 hereof, and the Lender acknowledges that certain regulatory matters and limitations outside the control of the Company may result in a delay in the Exercise Shares becoming fully registered shares. The Company acknowledges that notwithstanding anything herein to the contrary, that Lender has the right to at any time, exercise its warrant rights into non-registered shares of the Company. The Exercise Price of the Warrant will be subject to adjustment upon the occurrence of the following events: (a) any payment of a dividend (or other distribution) payable in common stock on any class of capital stock of the Company, (b) any subdivision, combination or reclassification of common stock, (c) any issuance to all holders of common stock of rights, options or warrants entitling them to subscribe for or purchase common stock at less than the then current market price of common stock; provided, however, that if such options or warrants are only exercisable upon the occurrence of certain triggering events, then the Exercise Price will not be adjusted until such triggering events occur, (d) any distribution to all holders of common stock of evidences of indebtedness, shares of capital stock other than common stock, cash or other assets (including securities, but excluding those dividends, rights, options, warrants and distributions referred to above and excluding regular dividends and distributions paid exclusively in cash), (e) any distribution consisting exclusively of cash (excluding any cash portion of distributions referred to in (d) above, or cash distributed upon a merger or consolidation to which the second succeeding paragraph applies) to all holders of common stock in an aggregate amount that, combined together with (i) all other such all-cash distributions made within the then preceding 12 months in respect of which no adjustment has been made and (ii) any cash and the f...
Warrant Rights. No Warrant Holder as such, shall be able to vote or receive dividends or be deemed the Holder of shares of common stock for any purpose, nor shall anything contained in any Warrant Certificate be construed to confer upon any Warrant Holder, as such, any of the rights of the shareholder of the Company or any right to vote, give or withhold consent to any action by the Company (whether upon recapitalization, issuance of stock, reclassification of stock, consolidation, merger, conveyance or otherwise), receive notice of meetings or other actions affecting shareholders, receive dividends or subscription rights or otherwise, until such Warrants shall have been exercised and the shares of common stock purchasable upon the exercise thereof, shall become deliverable as provided in this Warrant Agreement. If any Warrant Certificate is lost, stolen, mutilated or destroyed, the Company may, on such terms as to such indemnification or otherwise as it may, in its discretion, impose (which shall, in the case of a mutilated Warrant Certificate, include the surrender thereof), issue a new Warrant Certificate of like denomination and tenor as, and in substitution for, the Warrant Certificate so lost, stolen, mutilated or destroyed.
