Exchange Warrant definition

Exchange Warrant means the warrant issued by the Parent to the Holder pursuant to the Purchase Agreement to purchase Common Shares equal to the Principal Amount on the Exercise Date (as defined therein) divided by U.S.$4.00.

Exchange Warrant means a warrant that is issued in exchange for shares of Series A Preferred Stock, Series B Preferred Stock or Series C Preferred Stock (including all accrued and unpaid dividends thereon) at the rate of four Exchange Warrants for each share of Series A Preferred Stock, Series B Preferred Stock or Series C Preferred Stock, and which entitles the holder thereof to purchase one share of Common Stock at the Trading Reference Price, subject to adjustment.

Exchange Warrant means the warrant, dated the Issuance Date, issued by the Company to the Warrantholder with respect to a number of Common Shares to be determined as provided therein.

Examples of Exchange Warrant in a sentence

• Notwithstanding delivery of a Notice of Redemption, at any time from receipt of the Notice of Redemption until the proposed Redemption Date, the Holder may in its sole and absolute discretion elect to exercise the Exchange Warrant in whole or in part in accordance with the terms thereof at any time or from time to time prior to the proposed Redemption Date.

• Upon receipt of ten days notice of PolyMet’s intention to repay the debentures Glencore can exercise the Exchange Warrant and exchange the initial principal and capitalized interest into common shares of PolyMet at $1.2696 per share.

• Any corporation into which the Company or any Exchange Warrant agent may be merged or any corporation resulting from any consolidation to which the Company or any Exchange Warrant agent shall be a party or any corporation to which the Company or any Exchange Warrant agent transfers substantially all of its corporate trust or shareholders services business shall be a successor warrant agent under this Warrant without any further act.

• In the event of any conflict or inconsistency between this Agreement and the provisions of the Exchange Warrant, the provisions of the Exchange Warrant shall prevail.

• Such Holder acknowledges that the Exchange and the Exchange Warrant being issued to such Holder in connection with the Exchange are intended to be exempt from the registration requirement of the Securities Act pursuant to one or more exemptions thereunder.

More Definitions of Exchange Warrant

Exchange Warrant means a warrant that is exercisable for shares of Common Stock and which is evidenced by an agreement in the form and substance of Exhibit A hereto.

Exchange Warrant means the exchange warrant to purchase Common Shares issued pursuant to the Purchase Agreement, dated as of October 31, 2008, among the Company, Poly Met Mining, Inc. and Glencore, as amended, as such exchange warrant may be amended, restated and/or modified from time to time (including as amended and restated by the Amended and Restated Exchange Warrant issued by the Company on December 6, 2011).

Exchange Warrant as defined in the second paragraph hereof.

Exchange Warrant shall have the meaning set forth in recital E hereof.

Exchange Warrant means, with respect to each Participating Lender, a warrant to purchase a number of shares of Common Stock equal to 75% of the number of shares of Common Stock issuable immediately following the Effective Time upon conversion of all of such Participating Lender’s Exchange Shares (without regard to the Beneficial Ownership Limitation (as defined in the A&R Certificate of Designation) or any other restriction or limitation on the conversion thereof and assuming that the Exchange Shares were convertible into Conversion Shares (as defined below) immediately following the Effective Time), which warrant shall have the same economic and other terms as the Public Offering Warrants, including the same exercise price per share of Common Stock, shall be in a form reasonably acceptable to the Deerfield Lenders and (irrespective of any contrary terms contained in the Public Offering Warrants) shall (a) provide for (i) a limitation on the exercise thereof that is substantially equivalent to the Beneficial Ownership Limitation set forth in the A&R Certificate of Designation, (ii) the issuance and delivery of shares of Common Stock upon exercise thereof pursuant to procedures comparable to the mechanics for conversion applicable under the A&R Certificate of Designation, (iii) the removal of restrictive legends (or the issuance and delivery of shares of Common Stock without restrictive legend) upon the occurrence of specified events, and (iv) the right to exercise such warrant for cash or on a “cashless” (net issue) basis, subject to specified conditions set forth in the Exchange Warrant that are acceptable to the Deerfield Lenders, (b) not require any ink-original notice of exercise, nor any medallion guarantee (or other type of guarantee or notarization) of any notice of exercise, and (c) shall include such other terms as the Deerfield Lenders shall reasonably request to reflect that such warrants were not issued pursuant to an effective registration statement under the Securities Act.

Exchange Warrant has the meaning set forth in the Purchase Agreement.

Exchange Warrant shall have the meaning set forth in Section 2.3 hereof.