Series D Warrant definition

Series D Warrant means a warrant to purchase one share of Common Stock in the form attached as Exhibit A to the Series D Warrant Agreement.

Series D Warrant means the Preferred Stock Purchase Warrant, dated December 31, 2010, pursuant to which the Company has granted the Initial Holder the right to purchase Series D Preferred Stock on the terms and conditions specified therein.

Series D Warrant means that certain warrant to purchase up to 700,000 Common Units, subject to adjustment as set forth in the warrant agreement, with a $22.00 per Common Unit exercise price, to be issued pursuant to Section 5.15(b)(iii), which warrant shall be in accordance with the form of warrant attached hereto as Exhibit B and which warrant, if issued, for tax purposes, be treated as a “noncompensatory option” within the meaning of Treasury Regulations Sections 1.721-2(f) and 1.761-3(b)(2) and not treated as a partnership interest pursuant to Treasury Regulations Section 1.761-3(a).

Examples of Series D Warrant in a sentence

• If, on the Series D Warrant Start Date, any Series D Preferred Units remain outstanding, the Partnership shall issue promptly thereafter the Series D Warrant to the Record Holders of the Series D Preferred Units (in proportion to their relative number of Series D Preferred Units) as of the Series D Warrant Start Date.

• At any time prior to the Series D Warrant Start Date, the Partnership may exercise the right (the “Series D Call Right”), but shall have no obligation, to require the holder or holders of the Series D Preferred Units (the “Series D Holders”) to sell, assign and transfer all or a portion of the then outstanding Series D Preferred Units to the Partnership in accordance with this Section 5.15(c).

• Each Series D Warrant entitles Rio Tinto to purchase one common share of the Company at the warrant’s exercise price at any time during a three year period.

• The Series D Warrant Shares, when issued and delivered upon exercise of the Series D Warrants, in the manner and upon the terms and conditions set forth in the Series D Warrants, will be validly issued, fully paid and nonassessable.

• Pursuant to the Plan, an Issuer, in their sole discretion, has the option of issuing the Plan Warrants as “Plan Warrant Unit.” The Plan Warrants on Exhibit C are presented as Plan Warrant Units with each unit consisting of one Series A Warrant, one Series B Warrant, one Series C Warrant, one Series D Warrant, one Series E Warrant and one Series F Warrant.

More Definitions of Series D Warrant

Series D Warrant means the Series D Warrant for the purchase of Common Stock issued to Vicis Capital Master Fund pursuant to the Securities Purchase and Share Exchange Agreement.

Series D Warrant means that certain Series D Preferred Stock Warrant dated as of December 31, 2010 between Borrower and Lender.

Series D Warrant means any of them.

Series D Warrant means the Series D Common Stock Purchase Warrant, in the form of Exhibit C attached hereto, delivered to the Purchasers at the Closing in accordance with Section 2.2(a)(iii) hereof, which Warrants shall be exercisable immediately and have a term of exercise equal to seven (7) years.

Series D Warrant means that certain Warrant to Purchase Series D Preferred Stock, dated as of June 20, 2008, issued to BlueCrest Capital Finance, L.P.

Series D Warrant means a Warrant having the terms and conditions described herein and substantially as set forth on Exhibit D hereto.

Series D Warrant means a warrant in the form attached hereto as Exhibit G-1, Exhibit G-2, Exhibit G-3 or Exhibit G-4, which warrant shall evidence the right of a Purchaser to purchase the number of additional shares of Series D Preferred Stock specified therein for a period commencing on the Closing Date or Subsequent Closing Date, as the case may be, and ending on September 30, 2006, at an initial per share exercise price of $1.50 with respect to the Series D Warrants in the form of Exhibit G-1 or G-2 and $.01 with respect to the Series D Warrants in the form of Exhibit G-3 or G-4. The Series D Warrant in the form of Exhibit G-1 shall be issued to all Purchasers other than those Purchasers listed on Schedule 2.3(b) hereof and the Series D Warrant in the form of Exhibit G-2 shall be issued to all Purchasers listed on Schedule 2.3(b). The Series D Warrant in the form of Exhibit G-3 shall be issued to all Purchasers listed on Exhibit H other than those Purchasers listed on both Schedule 2.3(b) and Exhibit H hereof and the Series D Warrant in the form of Exhibit G-4 shall be issued to all Purchasers listed on both Exhibit H and Schedule 2.3(b).