Examples of Second Closing Warrant in a sentence
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.
If the Purchaser so elects to purchase the Second Closing Securities (and does not withdraw such election in accordance with the terms of this Agreement), subject to the terms and conditions of this Agreement, at the Second Closing (as defined below), the Company shall issue and sell to the Purchaser, and the Purchaser shall purchase and acquire from the Company, (i) the Second Closing Shares for the Second Closing Aggregate Purchase Price, and (ii) the Second Closing Warrant.
The Company shall have delivered to the Purchaser the Second Closing Warrant, duly executed by the Company.
At the Second Closing, the Company shall deliver to each Purchaser (i) a certificate for the number of shares of Preferred Stock issuable upon conversion of the Notes held by such Purchaser and (ii) a Warrant representing the right to purchase the number of shares of Common Stock as set forth opposite its name under the heading "Second Closing Warrant Coverage" on EXHIBIT A hereto.
The Purchaser shall have delivered to the Company the Second Closing Warrant, duly executed by the Purchaser.
The Purchaser will pay to the Company a purchase price of $0.125 per underlying share for the issuance of the Second Closing Warrant.
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.
The date on which the Second Closing occurs is hereinafter referred to as the “Second Closing Date.” At the Second Closing, the Company will deliver to the Purchaser (i) a statement of book entry position in the Purchaser’s name representing the Second Closing Shares (or other evidence of share ownership) and (ii) the Second Closing Warrant, against payment by the Purchaser of the Second Closing Aggregate Purchase Price by wire transfer in accordance with the Company’s instructions.
In the event of any stock dividend, stock split, combination of shares or other similar change in the capital structure of the Company after the date hereof and on or prior to the Second Closing which affects or relates to the Common Stock, the number and price of the Second Closing Shares and Second Closing Warrant shall be adjusted proportionately.
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.