Examples of Exercise Cap in a sentence
However, the Warrants may only be exercised by means of cashless exercise, such that, in lieu of paying the exercise price in cash on an exercise of the Warrants, the holder will receive (subject to an Exercise Cap applicable in certain circumstances) a number of Units based on the difference between the then current market price per Unit and the exercise price which will lead to an exercised ownership position of the Investor in AHIP of less than 19.99%.
The warrants are (i) subject to the Warrant Exercise Cap and (ii) not exercisable to the extent an exercise by the holder would result in the holder’s beneficial ownership of the Company exceeding 4.99% of the issued and outstanding Common Stock.
As of the Initial Issue Date, the Exercise Cap is not less than 3,966,496 shares of Common Stock.
The warrants (i) are not exercisable to the extent an exercise by the holder would result in the holder’s beneficial ownership of the Company exceeding 4.99% of the issued and outstanding common stock and (ii) are subject to the Warrant Exercise Cap.
Also excluded are 600,000 shares of common stock underlying warrants that are not exercisable (i) to the extent an exercise by the holder would result in the holder’s beneficial ownership of the Company exceeding 4.99% of the issued and outstanding common stock and (ii) that are subject to the Warrant Exercise Cap.
Until such approval is obtained, no Holder shall be issued in the aggregate, upon the exercise of Class X Warrants and the conversion of the Series F Preferred Stock, shares of Common Stock in an amount greater than the product of (A) the Exercise Cap multiplied by (B) the quotient of (1) the Holder’s Subscription Amount (as defined in the Purchase Agreement) divided by (2) the aggregate Subscription Amount of all the Holders (with respect to each Holder, the “Exercise Cap Allocation”).
In no event will the Warrants be exercisable in connection with this exercise feature for more than the Cashless Exercise Cap (subject to customary anti-dilution adjustment).
The Company shall review its books and records at least semi-annually to determine whether, in its sole discretion, some or all of the outstanding Warrants held by Non-U.S. Citizens may be converted into shares of Common Stock without exceeding the Exercise Cap (as defined below) or resulting in Excess Shares.