Examples of Xxxxxx Warrant in a sentence
The Xxxxxx Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such Xxxxxx Warrant shall have an exercise price equal to 125% of the public offering price per share in the applicable Offering.
Except as otherwise provided in this Section 2.4(a), each such adjusted Xxxxxx Stock Option or Xxxxxx Warrant shall continue to have, and shall be subject to, the same terms and conditions as applied to such Xxxxxx Stock Option or Xxxxxx Warrant as of immediately prior to the Reverse Split Time.
To the extent that, prior to the Reverse Split Time, the holder of a Xxxxxx Stock Option or Xxxxxx Warrant exercises such Xxxxxx Stock Option or Xxxxxx Warrant, the shares of Xxxxxx Common Stock issued to such holder on such exercise shall be treated as a share of Xxxxxx Common Stock for all purposes under this Agreement, including the Reverse Split and the First Merger.
The Company shall issue to Xxxxxx Xxxxxx Warrant Certificates evidencing such Warrants.
The Company hereby further represents and warrants that the New Xxxxxx Note and the Xxxxx Note are in the substantially same form in all material respects and the New Xxxxxx Warrant and the Xxxxx Warrant are in the substantially same form in all material respects, in each case, except with respect to the principal amount lent to the Company.
In all respects, the Xxxxxx Warrant will be in a form and contain such terms (consistent with the foregoing sentence) as are reasonably acceptable to the Purchasers.
Parent shall use all reasonable best efforts to cause the Parent Common Stock issuable under Article II and those shares of Parent Common Stock required to be reserved for issuance under the Xxxxxx Xxxxx Plans, the Xxxxxx Warrant and the Xxxxxx Indenture to be authorized for listing on the NYSE, upon notice of issuance, exercise or conversion, as applicable.
All outstanding shares of Xxxxxx Common Stock, all outstanding Xxxxxx Options, the Xxxxxx Warrant, the Xxxxxx Notes and all outstanding shares of capital stock of each Subsidiary of Xxxxxx have been issued and granted (as applicable) in compliance in all material respects with (A) all applicable securities laws and all other Applicable Law and (B) all requirements set forth in applicable material Contracts.
Each Holder of Series E Preferred Stock acknowledges and agrees to the existence of such pre-emptive rights, which have the effect of reducing the pre-emptive rights such Holders would otherwise have prior to exercise of the Xxxxxx Warrant for Series E Preferred Stock.
The Registration rights of the Holders of the Xxxxxx Warrant set forth in this Agreement are conditioned upon the exercise of the Xxxxxx Warrant in accordance with their terms and the conversion of the shares of Series E Preferred Stock received by such Holders upon such exercise with respect to which Registration is sought into Common Stock on or before the effective date of the Registration Statement.