Examples of Tranche 2 Warrant in a sentence
The certificate of incorporation (the “Company Charter”) and bylaws of the Company and the Tranche 1 Warrant Agreement and the Tranche 2 Warrant Agreement filed as exhibits to the Company SEC Documents are true, correct and complete copies as of the date hereof.
In lieu of delivery of Additional Units or Additional Cash as provided above, the Partnership and Rio Vista Pxxxx may elect to make an All Cash Payment to Holder equal to the aggregate value (based on the Exercise Date Price) of the Tranche 2 Warrant Units issued to Holder in connection with such exercise.
Upon delivery of the All Cash Payment to Holder, all Tranche 2 Warrant Units issued to Holder in connection with such exercise shall be returned to the Partnership and/or cancelled by the Partnership.
At the Closing, the Tranche 2 Warrants will remain unvested and expire according to their terms without any entitlement to the Merger Consideration in accordance with the terms of the Tranche 2 Warrant Agreement.
This provision shall be applied to records placed in an employee's file prior to the-effective date of this Agreement.
Land-based operations are expected to occur year-round, with aggregate stockpiled for ship loading once each week.
Alternatively, each Tranche 2 Warrant may be exercised on a “cashless” basis pursuant to which a holder shall be entitled to receive for each Tranche 2 Warrant exercised, a number of New Common Interests equal to such number of New Common Interests with respect to such Tranche 2 Warrant then being exercised multiplied by a fraction equal to (x) the Fair Market Value (as of the exercise date) of one New Common Interest, minus the applicable Exercise Price, divided by (y) such Fair Market Value.
Each Tranche 2 Warrant will entitle the holder thereof to purchase one (1) share of the Company’s Common Stock or pre-funded warrant to purchase one (1) share of the Company’s Common Stock, will have an exercise price of $8.877 per share of Common Stock or pre-funded warrant, will be exercisable upon issuance and will expire on the five year anniversary of the original issuance.
In the event that, prior to September 30, 2001, the Loans and all other Obligations have been paid in full and all Letters of Credit have been cancelled, expired or otherwise provided for to the satisfaction of the Issuing Bank and the Revolving Loan Commitments have been terminated, the Tranche 2 Warrant Certificates shall be automatically cancelled and shall no longer be of any force or effect.
Together with any such electronic, facsimile or telephonic notification, Borrower shall deliver to Bank by electronic mail or facsimile a completed Disbursement Letter executed by a Responsible Officer or his or her designee, together with the Tranche 2 Warrant.