Examples of Closing Warrant Shares in a sentence
The Conversion Shares, the Underwriters’ Conversion Shares, the Closing Warrant Shares and the Underwriters’ Warrant Shares, when issued in accordance with the terms of the Certificate of Designation, the Closing Warrants and the Underwriters’ Warrants, respectively, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company.
In the event that the Second/Third Closing is not consummated by the 90th day after the Increase (as defined in the Securities Purchase Agreement) becomes effective, then this Warrant solely with respect to the Second Closing Warrant Shares and the Third Closing Warrants Shares shall automatically terminate and thereafter be null and void.
During such time as the Closing Conversion Shares, the Underwriters’ Conversion Shares, the Closing Warrant Shares and the Underwriters’ Warrant Shares are listed on the Trading Market, the Company shall provide to the Underwriters, at the Company’s expense, such reports published by the Trading Market relating to price and trading of such securities, as the Underwriters shall reasonably request.
The Closing Warrant Shares and the Option Warrant Shares are duly authorized and, when issued in accordance with the respective terms of the Closing Warrants and the Option Warrants, as applicable, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company.
During such time as the Closing Shares, the Closing Warrants, the Closing Warrant Shares, the Option Shares, if applicable, the Option Warrants, if applicable, and the Option Warrant Shares, if applicable, are listed on the Trading Market, the Company shall provide to the Underwriters, at the Company’s expense, such reports published by the Trading Market relating to price and trading of such securities, as the Underwriters shall reasonably request.
The Second Closing Shares, the Second Closing Warrants, and the Second Closing Warrant Shares are referred to herein collectively as the “Securities.” This opinion is rendered to the Investors pursuant to Section of the Agreement, and all terms used herein have the meanings defined for them in the Agreement unless otherwise defined herein.
Notwithstanding anything herein to the contrary, on the First Termination Date in connection with First Closing Warrant Shares or, subject to Section 2(d)(ii) herein, on the Second Termination Date in connection with the Second Closing Warrant Shares, this Warrant shall be automatically exercised via cashless exercise pursuant to this Section 2(c).
Such Purchaser is acquiring the applicable Note and Closing Warrant Shares for such Purchaser’s own account for investment only, and not as a nominee or agent and not with a view towards or for resale in connection with their distribution.
The Warrant Shares, the Placement Agent Shares and the Placement Agent Closing Warrant Shares will, prior to the Closing, be duly reserved for issuance upon exercise of the Warrants, exercise of the Placement Agent Units and exercise of the Placement Agent Closing Warrant, respectively.
Notwithstanding any other provision of this Warrant, until such time as the full amount of the Subscription Amount for the Second Closing (the “Second Closing Subscription Amount”) has been paid and delivered to the Company by a Purchaser pursuant to the Purchase Agreement, the Warrants issued to the Holder pursuant to this Placement Agent’s Warrant to purchase the Second Closing Warrant Shares attributable to such Purchaser’s Second Closing Subscription Amount shall not be exercisable.