Examples of C Warrant Shares in a sentence
In the event of a partial exercise of this C Warrant Agreement, the Company shall also issue and deliver to the Holder a new C Warrant Agreement of like tenor, in the name of the Holder, for the exercise of the number of C Warrant Shares for which such C Warrant Agreement may still be exercised.
Holdings agrees that the A Warrants, the B Warrants, the C Warrants, the A Warrant Shares, the B Warrant Shares and the C Warrant Shares may not be resold (1) without registration thereof under the Securities Act (unless an exemption from such registration is available), or (2) in violation of any law.
The issuance by the Company of the Securities (other than the Series A Warrant Shares and the Series C Warrant Shares) has been registered under the 1933 Act, the Securities (other than the Series A Warrant Shares and the Series C Warrant Shares) are being issued pursuant to the Registration Statement and all of the Securities (other than the Series A Warrant Shares and the Series C Warrant Shares) are freely transferable and freely tradable by each of the Buyers without restriction.
The issuance, sale and delivery of the New Shares, the Exchange Shares and the Series C Warrant Shares in accordance with this Agreement and the Series C Warrants have been duly authorized by all necessary corporate action on the part of the Company.
The Company has the requisite power and authority to enter into and perform its obligations under this Agreement and the other Transaction Documents and to issue the Securities in accordance with the terms hereof and thereof, subject, with respect to the issuance of the Series A Warrant Shares and the Series C Warrant Shares upon the exercise of the Series A Warrants and the Series C Warrants, as applicable, to Stockholder Approval (as defined below).
Payment for the Class C Warrant Shares shall be made by wire, or check payable to the order of the Company.
Holder shall execute and deliver the aggregate cash exercise price for such Series C Warrant to the bank account set forth on the Company’s signature page hereto and the Company shall deliver the Series C Warrant Shares to the Holder via the Depository Trust Company Deposit or Withdrawal at Custodian system pursuant to the instructions set forth on the Holder’s signature page hereto.
The Company meets all of the requirements for the use of Form S-1 under the 1933 Act for the offering and sale of the Securities (other than the Series A Warrant Shares and the Series C Warrant Shares) contemplated by this Agreement and the other Transaction Documents, and the SEC has not notified the Company of any objection to the use of the form of the Registration Statement pursuant to Rule 401(g)(1) under the 1933 Act.
The Company is eligible to register the issuance and sale of the Securities (other than the Series A Warrant Shares and the Series C Warrant Shares) to the Buyers using Form S-1 promulgated under the 1933 Act.
Holdings is not and will not be an underwriter within the meaning of Section 2(11) of the Securities Act with respect to the A Warrants, the B Warrants, the C Warrants, the A Warrant Shares, the B Warrant Shares or the C Warrant Shares.