Warrant Exercise Agreement definition
Examples of Warrant Exercise Agreement in a sentence
Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Warrant Exercise Agreement.
All questions concerning the construction, validity, enforcement and interpretation of this Warrant shall be determined in accordance with the provisions of the Warrant Exercise Agreement.
Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Warrant Exercise Agreement.
Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Warrant Exercise Agreement (the “Warrant Exercise Agreement”), dated August 17, 2018, among the Company and the Holder, as such definitions are in effect on August 17, 2018.
Pursuant to the Warrant Exercise Agreement, the Company also has entered into a Registration Rights Agreement with the Holders (the “Registration Rights Agreement”) pursuant to which the Company agreed, among other things, to register the Registrable Securities (as defined in the Registration Rights Agreement), including the shares of Common Stock issuable upon exercise of the Warrants, under the Securities Act of 1933, as amended (the “1933 Act”).
Any reduction pursuant to this paragraph will first reduce all Registrable Securities other than those issued pursuant to the Warrant Exercise Agreement.
The Company acknowledges and agrees that the obligations of the Holder under this Agreement are several and not joint with the obligations of any Other Holder under any other agreement related to the exercise of such Original Warrants (“Other Warrant Exercise Agreement”), and the Holder shall not be responsible in any way for the performance of the obligations of any Other Holder or under any such Other Warrant Exercise Agreement.
The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to any Other Holder with respect to any Other Warrant Exercise Agreement (or any amendment, modification or waiver thereof), is or will be more favorable to such Other Holder than those of the Holder pursuant to this Agreement.
This Common Stock Warrant (this “Warrant”) is issued in connection with that certain Warrant Exercise Agreement, dated July 21, 2017 (as amended from time to time, the “Exercise Agreement”), by and among the Company and the Holder, and is subject to, and the Company and the Holder shall be bound by, all the applicable terms, conditions and provisions thereof.
The Commitment Warrant will otherwise be substantially in the form of warrants issued by the Company to the Backstop Investor pursuant to the Warrant Exercise Agreement.