Alternate Cashless Exercise definition

Alternate Cashless Exercise with respect to _______________ Warrant Shares. In the event that the Holder has elected a Cashless Exercise with respect to some or all of the Warrant Shares to be issued pursuant hereto, the Holder hereby represents and warrants that (i) this Notice of Exercise was executed by the Holder at __________ [a.m.][p.m.] on the date set forth below and (ii) if applicable, the Bid Price as of such time of execution of this Notice of Exercise was $________. In the event that the Holder has elected an Alternate Cashless Exercise with respect to some or all of the Warrant Shares to be issued pursuant hereto, the Holder hereby represents and warrants that the applicable Alternate Cashless Exercise Amount is ________ Ordinary Shares.
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Alternate Cashless Exercise with respect to _______________ Common Shares, resulting in a delivery obligation by the Company to the Holder of _______________ Common Shares representing the applicable Alternate Net Number, subject to adjustment.
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Examples of Alternate Cashless Exercise in a sentence

  • The Company shall at all times reserve and keep available a number of its authorized but unissued Common Shares that shall be sufficient to permit the exercise (including Common Shares issuable pursuant to the Alternate Cashless Exercise) in full of all outstanding Warrants issued pursuant to this Agreement.

  • If Warrant Shares are issued in such an Alternate Cashless Exercise, the parties acknowledge and agree that in accordance with Section 3(a)(9) of the Securities Act, the Warrant Shares shall take on the characteristics of the Warrants being exercised, and the holding period of the Warrant Shares being issued may be tacked on to the holding period of this Warrant.

  • If Warrant Shares are issued in an Alternate Cashless Exercise, the parties acknowledge and agree that in accordance with Section 3(a)(9) of the Securities Act, the Warrant Shares shall take on the registered characteristics of the Warrants being exercised.

  • The parties acknowledge and agree that, in accordance with Section 3(a)(9) of the Securities Act, any Common Shares issued pursuant to a Cashless Exercise or Alternate Cashless Exercise will not be deemed to be “restricted securities” under Rule 144 promulgated under the Securities Act.

  • If the Company is then a participant in the DWAC system of the Depositary and either (A) there is an effective registration statement permitting the issuance of the Warrant Shares to or resale of the Warrant Shares by Holder or (B) the Warrant is being exercised via Cashless Exercise or Alternate Cashless Exercise, then the certificates for Warrant Shares shall be transmitted by the Warrant Agent to the Holder by crediting the account of the Holder’s broker with the Depositary through its DWAC system.

  • Without limiting the rights of a Holder to receive Warrant Shares on an Alternate Cashless Exercise and without limiting the liquidated damages provision in Section 2(d)(i) and the buy-in provision in Section 2(d)(iv), in no event will the Company be required to net cash settle a Warrant exercise.