Examples of Prefunded Warrant ADSs in a sentence
If all or any portion of a Prefunded Warrant is exercised at a time when there is an effective registration statement to cover the issuance or resale of the Prefunded Warrant ADSs or if the Prefunded Warrant is exercised via cashless exercise, the Prefunded Warrant ADSs issued pursuant to any such exercise shall be issued free of all legends.
The Company shall use best efforts to keep a registration statement (including the Registration Statement) registering the issuance or resale of the Prefunded Warrant ADSs effective during the term of the Prefunded Warrants.
The Company shall pay all Depositary fees (including, without limitation, any fees required for same-day processing of any instruction letter delivered by the Company to issue ADSs or Prefunded Warrant ADSs (including in connection with any exercise notice delivered by a Purchaser to the Company), stamp taxes and other taxes and duties levied in connection with the delivery of any ADSs to the Purchasers.
The Prefunded Warrant ADSs, when issued and paid for in accordance with the Prefunded Warrants, will be duly and validly issued, fully paid and non-assessable, free and clear of all Liens imposed by the Company.
As of the date hereof, the Company has reserved and the Company shall continue to reserve and keep available at all times, free of preemptive rights, a sufficient number of Common Shares for the purpose of enabling the Company to issue ADSs pursuant to this Agreement and Prefunded Warrant ADSs pursuant to any exercise of the Prefunded Warrants.
The Company hereby agrees to use commercially reasonable efforts to maintain the listing or quotation of the ADSs on the Trading Market on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the ADSs and Prefunded Warrant ADSs on such Trading Market and promptly secure the listing of all of the ADSs and Prefunded Warrant ADSs on such Trading Market.
The Company further agrees, if the Company applies to have the ADSs traded on any other Trading Market, it will then include in such application all of the ADSs and Prefunded Warrant ADSs, and will take such other action as is necessary to cause all of the ADSs and Prefunded Warrant ADSs to be listed or quoted on such other Trading Market as promptly as possible.
The Company shall honor exercises of the Prefunded Warrants and shall deliver Prefunded Warrant ADSs in accordance with the terms, conditions and time periods set forth in the Transaction Documents.