Examples of Adjustable Warrants in a sentence
Each Purchaser agrees that from the period commencing on the Closing Date and ending on the Expiration Date (as defined in the Adjustable Warrants) it will not, during the 35 Trading Days preceding each Vesting Date (as defined in the Adjustable Warrants), enter into any Short Sales (as defined herein).
If the number of Underlying Shares issuable upon exercise of the then unexercised portion of the Adjustable Warrants exceeds 85% of the number of Underlying Shares previously listed on account thereof with NASDAQ (and any such other required exchanges), then the Company shall take the necessary actions to list immediately a number of Underlying Shares as equals no less than the then Current Required Minimum with respect thereto.
If the number of Underlying Shares issuable upon exercise of the then unexercised portion of the Adjustable Warrants exceeds 85% of the number of Underlying Shares previously listed on account thereof with NASDAQ (and any such other required exchanges), then the Company shall take the necessary actions to immediately list a number of Underlying Shares as equals no less than the then Current Required Minimum with respect thereto.
Each Purchaser agrees that it will not enter into any Short Sales (as hereinafter defined) from the period commencing on the Closing Date and ending on the Third Vesting Date (as defined in the Adjustable Warrants).
Concurrently with the execution and delivery of this Agreement, each Investor shall deliver or cause to be delivered to the Company the Adjustable Warrants held by such Investor, and the Company shall redeem all such Adjustable Warrants by paying the consideration specified in paragraph 2 below.
During the thirty Trading Days preceding each Vesting Date (as defined in the Adjustable Warrants), each Purchaser shall not convert any convertible debenture of the Company or shares of convertible preferred stock of the Company, in either case, owned by it.
Each Purchaser agrees that from the period commencing on the Closing Date and ending on the Expiration Date (as defined in the Adjustable Warrants) it will not, during the 25 Trading Days preceding each Vesting Date (as defined in the Adjustable Warrants), enter into any net short sales.
The Additional Adjustable Warrants shall be identical to the Initial Adjustable Warrants except that the Purchase Price applicable thereto shall equal the lesser of (i)110% of the average of the Per Share Market Values for the four Trading Days preceding the Additional Closing Date and (ii) $16.00 (subject to equitable adjustment for stock splits, recombinations and similar events).
Except in connection with the sale of all or substantially all of the assets of the Company, prior to the Second Vesting Date (as defined in the Adjustable Warrants) the Company shall not sell or otherwise dispose of any Intellectual Property Rights or allow any of the Intellectual Property Rights to become subject to any Liens, or fail to renew such Intellectual Property Rights (if renewable and it would otherwise lapse if not renewed), without the prior written consent of the Purchasers.
The parties agree that, notwithstanding anything to the contrary contained therein, the Adjustable Warrants issued to the Purchasers on September 30, 1999, will no longer vest from and after the Closing Date.