Warrants and Issuance of Warrant Certificates. (a) A Warrant initially shall entitle the Registered Holder thereof to purchase one Warrant Share in accordance with the terms hereof, subject to modification and adjustment as provided in Section 8.
(b) Warrant Certificates in the form of Exhibit A annexed hereto representing the number of Warrants purchased by the Registered Holder shall be delivered to the Registered Holder.
(c) From time to time, up to the Warrant Expiration Date, the Transfer Agent shall countersign and deliver stock certificates in required whole number denominations representing the Warrant Shares issuable, subject to adjustment as described herein, upon the exercise of Warrants in accordance with this Agreement.
(d) From time to time, up to the Warrant Expiration Date, the Company shall countersign and deliver Warrant Certificates in required whole number denominations to the persons entitled thereto in connection with any transfer or exchange permitted under this Agreement; provided that no Warrant Certificates shall be issued except (i) those initially issued hereunder, (ii) those issued on or after the Initial Exercise Date, upon the exercise of fewer than all Warrants represented by any Warrant Certificate, to evidence any unexercised Warrants held by the exercising Registered Holder, (iii) those issued upon any transfer or exchange pursuant to Section 6; (iv) those issued in replacement of lost, stolen, destroyed or mutilated Warrant Certificates pursuant to Section 7; and (v) those issued at the option of the Company, in such form as may be approved by its Board of Directors, to reflect any adjustment or change in the Purchase Price or the number of Warrant Shares purchasable upon exercise of the Warrants.
Warrants and Issuance of Warrant Certificates. Each Warrant shall initially entitle the Registered Owner of a Warrant Certificate representing Warrants to purchase one share of Common Stock on the exercise of each Warrant, subject to modification and adjustment as hereinafter provided in Section 9. Warrant Certificates representing 2,000,000 Warrants and evidencing the right to purchase an aggregate of 2,000,000 shares of Common Stock of the Company shall be executed by the proper officers of the Company and delivered to the Warrant Agent for countersignature. Warrant Certificates to be delivered to the Warrant Agent shall be in direct relation to the Units sold in the Company's Public Offering and shall be attached to certificates representing an equal number of shares of Common Stock. The Warrant Certificates representing the Warrants will be issued and delivered on written order of the Company signed by the proper officers of the Company. The Warrant Agent shall deliver Warrant Certificates in required whole number denominations to the persons entitled thereto in connection with any transfer or exchange permitted under this Agreement. Except as provided in Section 8 hereof, certificates representing the Warrant Shares shall be issued only on or after the Exercise Date on exercise of the Warrants or on transfer or exchange of the Warrant Shares.
Warrants and Issuance of Warrant Certificates. Each Warrant shall initially entitle the Registered Holder of the Warrant Certificate representing such Warrant to purchase one shares of Common Stock on exercise thereof, subject to modification and adjustment as hereinafter provided in paragraph 10. The Warrant Certificates will be issued and delivered by the Warrant Agent on written order of the Company signed by its President and attested by its Secretary or Assistant Secretary. The Warrant Agent shall deliver Warrant Certificates in required whole number denominations to the persons entitled thereto in connection with any transfer or exchange permitted under this Agreement.
Warrants and Issuance of Warrant Certificates. (a) Each Warrant shall initially entitle the Registered Holder of the Warrant Certificate representing such Warrant to purchase at the Purchase Price therefor from the Initial Warrant Exercise Date until the Warrant Expiration Date one share of Common Stock upon the exercise thereof, subject to modification and adjustment as provided in Section 8 or Section 9.
(b) Upon execution of this Agreement, Warrant Certificates representing [ ] Warrants to purchase up to an aggregate of [ ] shares of Common Stock (subject to modification and adjustment as provided in Section 8 or Section 9) shall be executed by the Company and delivered to the Warrant Agent.
Warrants and Issuance of Warrant Certificates. (a) Each Warrant Exercisable for One Share. A Warrant shall initially entitle the Registered Holder of the Warrant Certificate representing such Warrant to purchase one share of Common Stock upon the exercise thereof, in accordance with the terms hereof, subject to modification and adjustment as provided in Section 8 hereof.
(b) 593,750 Shares. From time to time, up to the Warrant Expiration Date, the Transfer Agent shall execute and deliver stock certificates in required whole number denominations representing up to an aggregate of 593,750 shares of Common Stock, subject to adjustment as described herein, upon the exercise of Warrants in accordance with this Agreement.
Warrants and Issuance of Warrant Certificates. (i) The Fund hereby subscribes for a total number of Warrants to purchase that number of Warrant Shares equal to the greater of (a) 40,000 shares of Common Stock or (b) twenty percent (20%) of the number of shares of Common Stock issuable upon conversion of the Series B Cumulative Convertible Preferred Stock of the Company (the "Series B Preferred Stock") issued to the Investor pursuant to the Investor Agreement, as if conversion of such Series B Preferred Stock was to occur on each date of Closing (as such term is defined in the Investor Agreement), at an exercise price of $6.00 per share (the "Exercise Price"), in exchange for an aggregate of $.0001 per Warrant Share in cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged (the "Purchase Price").
(ii) The Fund shall pay the Purchase Price for the Warrants subscribed for by the Fund either in cash or by check payable to the Company, to be delivered at each Closing in exchange for Warrant Certificates to be issued by the Company. The closings of the purchase and sale of the Warrants shall take place on each date of Closing. The Company shall issue the Warrants pro rata based upon the sum of money paid to the Company by the Investor at each Closing.
(iii) The Company's obligation to issue any Warrants to the Fund is conditioned upon the occurrence of the corresponding Closing. If any specific Closing does not occur, then the Company is not obligated to issue to the Fund the Warrants corresponding to such Closing.
(iv) The description of the terms and provisions of the Warrants and the respective rights and obligations thereunder, including but not limited to the form of Warrant Certificate and those regarding term, exercise, taxes, exchange and redemption thereof by the Company, are more fully set forth in the Warrant Agreement, a copy of which is on file at the principal offices of the Company.
(v) The Company shall use its reasonable best efforts to cause the Warrants and the Warrant Shares to be registered in accordance with and upon the same terms and conditions as are set forth in the Registration Rights Agreement of even date hereof between the parties (the "Registration Rights Agreement").
Warrants and Issuance of Warrant Certificates. (a) Each Warrant shall initially entitle the Registered Owner of a Warrant Certificate representing Warrants to purchase one share of Common Stock on the exercise of each Warrant, subject to modification and adjustment as hereinafter provided in Section 10. Warrant Certificates representing 200,000 Class A Warrants and evidencing the right to purchase an aggregate of 200,000 shares of Common Stock of the Company, and Warrant Certificates representing 200,000 Class B Warrants and evidencing the right to purchase an aggregate of 200,000 shares of Common Stock of the Company shall be executed by the duly authorized officers of the Company and delivered to the Warrant Agent for countersignature. The Warrant Certificates representing the Warrants will be issued and delivered on written order of the Company signed by the duly authorized officers of the Company.
(b) Except as provided in Section 9 hereof, no Warrant Certificates shall be issued except (i) Warrant Certificates initially issued hereunder, (ii) Warrant Certificates issued upon the transfer, exchange or exercise of Warrants, and (iii) Warrant Certificates issued in replacement of lost, stolen, destroyed or mutilated Warrant Certificates pursuant to Section 9.
Warrants and Issuance of Warrant Certificates. Each Warrant shall initially entitle the Registered Owner of the Warrant Certificates representing such Warrant to purchase one share of Common Stock on exercise thereof, subject to modification and adjustment as hereinafter provided in Section 9. Warrant Certificates representing 1,603,998 Warrants evidencing the right to purchase an aggregate of 1,603,998 shares of Common Stock of the Company shall be executed by the proper officers of the Company and delivered to the Warrant Agent for countersignature on the Effective Date. The Warrant Certificates will be issued and delivered on written order of the Company signed by an authorized officer. The Warrant Agent shall deliver Warrant Certificates in required whole number denominations to the persons entitled thereto in connection with any transfer or exchange permitted under this Agreement.
Warrants and Issuance of Warrant Certificates. Each two Warrants shall initially entitle the Registered Owner of the Warrant Certificates representing such Warrants to purchase one share of Common Stock on exercise thereof, subject to modification and adjustment as hereinafter provided in Section 9. Warrant Certificates representing 1,200,000 Firm Warrants and evidencing the right to purchase an aggregate of 600,000 shares of Common Stock of the Company shall be executed by the proper officers of the Company and delivered to the Warrant Agent for countersignature. Certificates representing the Firm Warrants to be delivered to the Warrant Agent shall be in direct relation to the Firm Shares sold in the Company's Public Offering and shall be attached to certificates representing an equal number of Firm Shares. The Warrant Certificates representing the Firm Warrants will be issued and delivered on written order of the Company signed by the proper officers of the Company. The
Warrants and Issuance of Warrant Certificates. (a) One Warrant shall initially entitle the Warrant Holder to purchase one share of Common Stock on exercise thereof, subject to modification and adjustment as hereinafter provided in Section 8. Warrant Certificates representing 15,000 Warrants and evidencing the right to purchase an aggregate of 15,000 shares of Common Stock of the Company shall be executed by the proper officers of the Company. The Company shall deliver Warrant Certificates in required whole number denominations to the person entitled thereto in connection with any transfer or exchange permitted under this Agreement.
(b) Except as provided in Section 7 hereof, share certificates representing the Warrant Shares shall be issued only on or after the Exercise Date upon exercise of the Warrants or upon transfer or exchange of the Warrant Shares following exercise of the Warrants.
